How loud is loud?

By Atty. Eduardo T. Reyes III

In a country populated by around 117 million people jostling to find their place in the Philippine archipelago comprising of 7,641 islands, its villages and towns would likely have to deal with overreaching noises among neighbors.

On the one hand, there is a freedom of action and movement as well as expression where, for instance, one household can do videoke singing deep into the night. Yet on the other, there is the right to privacy and to peace and quiet. The exercise of both rights may be equally founded on the fundamental right to pursue happiness. This is because one’s form of happiness may differ from the other.

When does noise become a nuisance? How loud is loud enough to be considered as noise pollution which can be stopped by the courts?

Here are the parameters and guidelines that the Supreme Court has recently put in place to determine the presence or absence of a noise nuisance.

Earlier, it was held that the noise coming from, and heat being emitted by, air-condition blowers are not constitutive of noise nuisance to the residents of the adjacent building. In addressing the issue, the Supreme Court considered a myriad of factors beyond simply the locality and character of the surroundings and the impact on the health and comfort of the residents. In the end, it was concluded that given the genuine necessity for the operation of those air-condition blowers, it negates any claim that they are a noise nuisance. (Frabelle Properties Corp. v. A C Enterprises, Inc., G.R. No. 245438, November 3, 2020.)

Recently, and taking its cue from the Frabelle ruling, the Supreme Court held once again that “loud noises consisting of drums and bugles being played, teachers giving loud instructions using microphones and megaphones, sounds of bouncing balls, running, clapping, loud cheering, and shouting during games being played at the multipurpose center,” do not constitute as noise nuisance. (Couples for Christ (CFC) School of the Morning star, Junee Lee Mars H. Nebrada, et al. v. Wideline I. Malonda, et al., G.R. No. 278875 [Formerly UDK No. 18061], November 26, 2025). To the Supreme Court, these noises coming from a school are “ordinary activities” which can be expected in every school setting.

Indeed, mere intensity or loudness of the sound or noise alone does not create a nuisance. The volume of sound must reach a certain level and be harmful or toxic as to be detrimental to the health and well-being of adjoining residents. Too, one resident alone who complains would not be sufficient. It requires a considerable number of residents complaining and the ones who go to court must satisfy the test of “representative sample.”

In summary, here are the guidelines to determine the presence of noise nuisance:

Guidelines to determine presence of noise nuisance:

• locality and character of surroundings
• impact on the health and comfort of residents
• reliability of the noise pollution tests conducted
• introduction by the defendant of measures or improvements to mitigate the noise
• allowable noise levels
• defendant’s intention ( or lack thereof) to cause the plaintiff harm
• number of complaining witnesses
• representativeness of the plaintiff , and
• actions of the plaintiff to alleviate his or her plight. (Couples for Christ (CFC) School of the Morning star, Junee Lee Mars H. Nebrada, et al. v. Wideline I. Malonda, et al., R. No. 278875 [Formerly UDK No. 18061], November 26, 2025)

Truly, while it is ideal for one to confine his/her activities within their own home and not bother their neighbors, yet, by living in a heavily-populated country like the Philippines, we cannot avoid certain inconveniences that come along with it.

Bearing this in mind, there is an old Latin maxim that should serve as a principle for everyone to live by which states: “sic utere tuo ut alienum non laedas.” Translated to English, it means: “So use your property as not to injure the rights of others.”

(The author is the senior partner of ET Reyes III & Associates (ETRIIILaw)– a law firm based in Iloilo City. He is a litigation attorney, a law professor, MCLE lecturer, bar reviewer and a book author. Among the books he authored is “Law on Property and Essentials of Land Registration [2024 Edition]” which was on the bestseller’s list in online shops for several months. In 2026, he published his second major legal textbook titled “Comprehensive Reviewer on Persons and Family Relations.” His website is etriiilaw.com).