Subdivision project or Subdivision lot shall mean a tract or a parcel of land registered under Act No.

496
which is partitioned primarily for residential purposes into individual lots with or without improvements
thereon, and offered to the public for sale, in cash or in installment terms. (Sec. 2 of P.D. No. 957). The
subdivision is a place that the homeowners envisioned would provide them privacy and a peaceful neighborhood,
free from the hassles of public places. The allowance of commercial acts or dealings would destroy the character
of the subdivision and would cause grave injustice and irreparable injury as the affected homeowners acquired
their properties for strictly residential purposes.

Article 2, Section 15 of the 1987 Constitution provides that it is the duty of the State to protect and
promote the right to health of the people and instill health consciousness among them. Moreover, the
maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the
general welfare are essential for the enjoyment by all the people of the blessings of democracy. (Article 2, Sec.5)

Noise pollution is an environmental hazard that is often ignored. Yet, its effects on people’s health are so
staggering and alarming that immediate action must be undertaken to mitigate, if not eradicate, the same. It
interferes with sleep and negatively impacts certain kinds of work. As a source of stress, it can promote high
blood pressure and other cardio vascular problems as well as nervous disorders. (House Bill 1035, 2016).

A noise may constitute an actionable nuisance. (Rogers vs. Elliott, 146 Mass, 349, 15 N.E. 768, 4 Am. St.
Rep. 316). The Civil Code affords that every person shall respect the dignity, personality, privacy and peace
of mind of his neighbors and other persons. (R.A.386, Article 26) Under the same law, an act or omission is a
nuisance if an establishment, business, condition of property, or anything else which:

(1) Injures or endangers the health or safety of others; or

(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or
(5) Hinders or impairs the use of property. (Art. 694)

A public nuisance affects a community or neighborhood or any considerable number of persons,

although the extent of the annoyance, danger or damage upon individuals may be unequal. (Art. 695, R.A. 386).
Every building or piece of land is subject to the easement which prohibits the proprietor or possessor from
committing nuisance through noise, jarring, offensive odor, smoke, heat, dust, water, glare and other causes.
(Article 682, R.A.386)

Subject to zoning, health, police and other laws and regulations, factories and shops may be maintained
provided the least possible annoyance is caused to the neighborhood. (Article 683, R.A. 386). The appropriate
standards for community noise levels shall be established considering, among others, location, zoning and land
use classification (Section 5. of PD 1152).