Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City, Philippines 31 JUL 2013

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2120

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

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.

Unfortunately, there is no law that addresses noise pollution. Either because it is
not considered a problem at all or people simply do not care, what with other perceived-
to-be far more crucial environmental problems they have to deal with, no effort has truly
been undertaken to prevent people and industries from creating too much noise, as in
one that is load, excessive and unnecessary.

The purpose of this bill is to regulate noise and even provide for appropriate
penalties in order to make the people realize that while they have the right to pursue any
activity they so want and desire, they should be responsible for seeing to it that they will
stop the moment the same disturb, annoy and deleteriously affect the health and welfare
of other people.

As it is the declared policy of the State to protect and advance the right of the
people to a balanced a healthful ecology in accord with the rhythm and harmony of
nature, immediate enactment of this measure is earnestly sought.

Jake / A
MARCELINO “MARCY” R. TEODORO.
Representative, 1* District

City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

House sino, _2120

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

AN ACT
REGULATING NOISE AND ITS SOURCES AND PROVIDING PENALTIES FOR ITS
VIOLATION AND FOR OTHER PURPOSES,

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

ARTICLE 1. GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Anti-Noise Pollution Act of
2013."

SEC. 2. Declaration of Principles. — (a) \t is dectared the policy of the State to protect
and advance the right of the people to a balanced and healthful ecology in accord with
thythm and harmony of nature.

(b) The State shall pursue a policy of balancing development and environment
protection.

(c) The State shall promote an environment for all Filipinos free from unnecessary,
excessive and annoying noises that jeopardize their health and welfare.

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby
defined as:

(a) Ambient noise — is the composite of noise from all sources near and far and in a
given environment, exclusive or occasional and transient intrusive noise sources
and of the particular noise source or sources to be measured.

(b) Commercial purpose — is the use, operation, or maintenance of any sound
amplifying equipment for the purpose of advertising any business, goods, or
services, or for the purpose of attracting the attention of the public to, advertising
for, or soliciting patronage or customers to or for any performance, show,
entertainment, exhibition, or event, or for the purpose of demonstrating such
sound equipment.

(c) Decibel (dB) — is a unit of level which denotes the ration between two (2)
quantities which are proportional to power; the number of decibels corresponding
to the ration of two (2) amounts of power is ten (10) of this ratio.

(d) Emergency work — is a work made necessary to restore property to a safe
condition following a public calamity, or work required to protect persons or
property from an imminent exposure to danger, or work by private or public
utilities when restoring utility service,

(e) Impulsive sound — is a sound of short duration, usually less than one second with
an abrupt onset and rapid decay. By wax of example “impulsive sound” shall


include, but shall not be limited to, explosions, musical base drum beat, or the
discharge of firearms.

(f) Motor vehicle
motorcycles, mi

includes, but shall not be limited to, automobiles, through
bikes and go-carts,

(g) Noncommercial purpose — the use, operation, or maintenance of the sound
‘equipment for other than a “commercial purpose.” It shall mean and include, but
shall not be limited to philanthropic, political, patriotic, and charitable purposes.

(h) Octave band noise analyzer - an instrument for measurement of sound levels in
octave frequency bands which satisfies the pertinent requirement for Class II
octave band analyzers of the American National Standard Specifications for
Octave, Half-Octave Band Filters, or the most recent revision thereof,

()) Person ~ is a person, firm, association, co-partnership, joint venture corporation,
or any entity, private or public in nature.

() Sound amplifying equipment — is any machine or device for amplification of the
human voice, music or any other sound, but shall include:

4. Automobile radios, stereo players or television receivers used in and
heard only by the occupants of the vehicle in which the same is installed

2. Radio, stereo players, phonographs or television receivers used in a
house or apartment within any residential zone or within five hundred
(600) feet thereof.

3. Waring devices on emergency vehicles.

4, Homs or other waming devices authorized by law on any vehicle when
used for traffic purposes.

{k) Sound level (Noise level) — in decibels (dB) is the sound measured with an “A”
weighing and slow responses by a sound level meter; except an impulsive or
rapidly varying sounds, the fast response shall be used.

() Sound level meter — is an instrument including a microphone, an amplifier, an
frequency weighing network for the measurement of sound

(m) Sound truck — is any motor vehicle, or any other vehicle regardless of automotive
power, whether in motion or stationary, which carries, is equipped with or which
has mounted thereon, or attached thereto, any sound amplifying equipment

SEC. 4, Sound Level Measurement Procedure and Criteria. - a) Any sound level
measurement made pursuant to the provisions of this chapter shall be measured with a
sound level meter using the “A” weighing and response as indicated in Article 1, Section
3 (h). Except when impractical, the microphone shall be located four (4) to five (5) feet
above the ground and ten (10) feet or more from the nearest reflective surface.
However, in those cases where another elevation is deemed appropriate, the latter shall
be utilized. Interior sound level measurements shall be made at a point at least four (4)
feet from the wall, ceiling, or floor nearest the noise source. Calibration of the sound
level meter, utilizing an acoustic calibrator shall be performed immediately prior to
recording any sound level data, The ambient noise level and the level of a particular
noise being measured shall be the numerical average of noise measurements taken at a
given location during a given time period,

b) Where the sound alleged to be offending is of a type or character set forth below the
following values shall be added to the sound level measurement of the offending noise:


1. Except for noise emanating from any electrical transformer or gas metering
and pressure control equipment existing and installed prior to the effective date of the
ordinance enacting this chapter, any steady tone with audible fundamental frequency or
over tones have 200Hz...... fesse non meee +5.

2. Repeated impulsive Noise.........-..... _ se +5.

3, Noise occurring more than 5 but less than 15 minutes in any period of 60
consecutive minutes between the hours of 7:00 am. and 10:00 p.m. of any
dayagigmanrmnnnsts6

c) For those cases where an objectionable noise is clearly audible, but when the level of
ambient noise does not permit direct quantitative sound level “A” measurements of the
objectionable noise, sound measurements may be performed utilizing an octave band
sound analyzer to determine sound level “A” limits as indicated in Table 1 below. This
table is used to convert the sound pressure level meter readings in dB for each band to
SPL in dB (A) for each band

TABLE 4
OCTAVE BAND NOISE VALUES CORRESPONDING TO SOUND LEVEL "A" VALUES

Octave Band Sound Pressure Level, dB re 0.0002 dyne/om

ean Octave Band Center Frequency in Hz
“a” [315] 63] 125 | 260 | 500 | 1000 | 2000 | 4000 [ 8000
35 58 | 50 | 42_| 35 | 32 | 29 | 26 | 23 | 20
40 ei | 54 | 46 | 40 | 37_| 34 | 31 | 28 | 25
45 64] 58 | 51 | 45 | 42 | 39 | 36 | 33 [| 30
50 e7_ | 61 | 65 | 50 | 47 | 44 | 41 | 38 | 35
55 | 70 | 64 | 60 | 65 | 52 | 49 | 46 | 43 | 40
60 73 | 68 | 64 | 60 | S7_| 54 | 51 | 48 | 45
65 76 | 72 | 68 | 65 | 2 | 59 | 56 | 53 | 50
70 79 | 76 | 73 | 70 | 67 | 64 | 61 | 58 | 55
6 a4 | 81 | 7e | 75 | 72 | 69 | 66 | 63 | 60

SEC. 5. Minimum Ambient Noise Level. — Where the ambient noise is less than the
presumed ambient noise designated in this section, the presumed ambient noise level in
this section shall be deemed to be the minimum ambient noise level.

ARTICLE 2, REGULATION OF NOISE AND NOISE SOURCES

SECTION 1. Loud, Unnecessary and Unusual Noise, ~ It shall be unlawful for any
person to willfully make or continue, or cause to be made or continued, any loud,
unnecessary, and unusual noise which disturbs the peace or quiet of any neighborhood or
which causes discomfort or annoyance to any reasonable person of normal sensitiveness
residing in the area. The standard which may be considered in determining whether a
violation of the provisions of this section exists may include, but not be limited to, the
following:

a) The level of noise;

b) Whether the nature of the noise is usual or unusual;

c) Whether the origin of the noise is natural or unnatural;

d) The level and intensity of the background noise, if any;

¢) The proximity of the noise to residential sleeping facilities;

) The nature and zoning of the area within which the noise emanates;

g) The density of the inhabitation of the area within which the noise emanates;
h) The time of the day and night the noise occurs,

i) The duration of the noise;

j) Whether the noise is recurrent, intermittent, or constant; and

k) Whether the noise is produced by a commercial or noncommercial activity.


SEC. 2. Radios, Television Sets, and Similar Devices. —

a) It shall be unlawful for any person to use or operate any radio, musical instrument,
phonograph, television receiver, or other machine or device for the producing,
reproducing or amplification of the human voice, music, or any other sound, in such a
manner, as to disturb the peace, quiet, and comfort of the neighbor occupants or any
reasonable person residing or working in the area

b) Any noise level caused by such use or operation which is audible to the human ear at
a distance in excess of 150 feet from the property line of the noise source, within any
residential zone or within 500 feet thereof, shall be a violation of the provisions of this
section

) Any noise level caused by such use or operation which exceeds the ambient noise
level on the premises of any other occupied property, or if a condominium, apartment
house, duplex, or attached business, within an adjoining unit, by more than five (5)
decibels shall be a violation of the provisions of this section.

SEC. 3. Air Conditioning, Refrigeration, Heating, Pumping, Filtering Equipment. —
a) it shall be unlawful for any person to operate any air conditioning, refrigeration or
heating equipment for any residence or other structure or to operate any pumping,
filtering or heating equipment for any pool or reservoir in such manner as to create any
noise which would cause the noise level on the premises of any other occupied property
or if a condominium, apartment house, duplex, or attached business, within any
adjoining unit- to exceed the ambient noise level by more than five (5) decibels.

b) This section shall not be applicable to emergency work as defined in Article 1, Section
3 (d) of this Act, or to periodic maintenance or testing of such equipment reasonably
necessary to maintain such equipment in good working order.

SEC. 4. Construction Noise. - Noise due to construction or repair work shall be
regulated by the Deparment of Public Works and Highways, Housing and Urban
Development Coordinating Council, and Housing and Land Use Regulatory Board.

SEC. 5. Powered Equipment Intended for Repetitive Use in Residential Areas and
Other Machinery, Equipment, and Devices. ~

a) Between the hours of 10:00 p.m. and 7:00 a.m. of the following day, no person shall
operate any lawn mower, back pack blower, lawn edger, riding tractor, or any other
machinery, equipment, or other mechanical or electrical device, or any residential zone
or within 500 feet of a residence.

b) No person shall operate or cause to be operated any machinery, equipment, tools, or
‘other mechanical or electrical device or engage in any other activity in such manner as
to create any noise which would cause the noise level on the premises of any other
occupied property, or, if a condominium, apartment house, duplex, or attached business,
within any adjoining unit, to exceed the ambient noise level by more than five (5)
decibels.

©) No gas powered blower shall be used within 500 feet of a residence at any time with
the exception of leaf vacuum devices which operate at a sound level not to exceed 45
dB(A) at any point that is normally occupied by a customer, unless a conspicuous and
legible sign is located outside such place, near each public entrance, stating:

SEC. 6. Places of Public Entertainment. — \t shall be unlawful for any person to
operate, play, or permit the operation or playing of any radio, television receiver,
phonograph, musical instrument, sound amplifying equipment, or similar device which
produces, reproduces, or amplifies sound in any place of public entertainment at a
sound level greater than 95 dB(A) at any point that is normally occupied by a customer,
unless a conspicuous and legible sign is located outside such place, near each public
entrance, stating:


“WARNING: SOUND LEVELS WITHIN MAY CAUSE HEARING IMPAIRMENT.”

SEC. 7. Vehicle Repairs. — \t shall be unlawful for any person, within any residential
property located within any residential zone or within 500 feet thereof, to repair, rebuild,
reconstruct or dismantle any motor vehicle between the hours of 8:00 p.m. of one day
and 8:00 a.m. of the next day in such manner:

a) That a reasonable person residing in the area is caused discomfort or
annoyance;

b) That such activity is audible to the human ear at a distance in excess of 150 feet
from the property line of the noise;

c) As to create any noise which would cause the noise level on the premises of any
occupied residential property, or if a condominium, apartment house or duplex,
within any adjoining unit, to exceed the ambient noise level by more than five (5)
decibels,

SEC. 8. Motor Driven Vehicles, ~ It shall be unlawful for any person to unreasonably
‘operate any motor driven vehicle upon any property or unreasonably accelerate the
engine of any vehicle, or unreasonably sound, blow or operate the hom or other warning
device of such vehicle in such manner:

a) As to disturb the peace, quiet and comfort of any neighborhood or of any
Teasonable person residing in such area;

b) That such activity is audible to the human ear at a distance in excess of 150 feet
from the property line of the noise source;

¢) As to create any noise which would cause the noise level on the premises of any
‘occupied residential property, or if a condominium, apartment house or duplex,
within any adjoining unit, to exceed the ambient noise level by more than five (5)
decibels.

SEC. 9, Audible Advertising Devices - Commercial Food Vendors. — |t shall be
unlawful for any person, to sound, blow or operate any music, chimes or bells, or any
similar sound device, amplified or otherwise, within 200 feet of any residential building
between the hours of 9:00 p.m. and 7:00 a.m. of the next day.

SEC. 10. Vehicle Theft Alarm Systems. ~ It shall be unlawful for any person to install,
operate or use any vehicle theft alarm system that emits or causes the emission of an
audible sound, which is not, or does not become, automatically and completely silenced
within five (5) minutes. The time period shall be calculated based upon the emission of
the first audible sound and shall end five (5) minutes thereafter notwithstanding any
variation or stoppage in the emissions of audible sound. Violation of this section shall
constitute an infraction.

SEC. 11. Amplified Sound, ~ While recognizing that certain uses of sound amplifying
equipment are protected by the constitutional rights of freedom of speech and assembly,
it would be reasonable to regulate the use of sound amplifying equipment in order to
protect the correlative constitutional rights of other citizens to privacy and freedom from
public nuisance of loud and unnecessary noise.

It shall be unlawful for any person, other than personnel of law enforcement or
governmental agencies, or permittees duly authorized to use the same to install, use, or
operate a loud speaker or sound amplifying equipment in a fixed or movable position or
mounted upon any sound truck for the purposes of giving instructions, directions, talks,
addresses, lectures, or transmitting music to any persons or assemblages of persons in
or upon any public street, alley, side walk, park or place, or other public property except
when installed, used or operated in compliance with the following provisions:

a) In all residential zones and within 500 feet thereof, no sound amplifying
equipment shall be installed, operated or used for commercial purposes at any
time.


b) The operation or use of sound amplifying equipment for noncommercial purposes
in all residential zones and within 500 feet thereof, except when used for
regularly scheduled operative functions by any school or for the usual and
customary purposes of any church, is prohibited between the hours of 4:30 p.m.
and 9:00 a.m. of the following day

©) Inall other zones, except such portions thereof as may be included within 500
feet of any residential zone, the operation or use of sound amplifying equipment
for commercial purposes is prohibited between the hours of 9:00 p.m. and 8:00
a.m. of the following day

d) In all other zones, except such portions thereof as may be included within 500
feet of any residential zone, the operation or use of sound amplifying equipment
for noncommercial purposes is prohibited between the hours of 10:00 p.m. and
700 a.m. of the following day

e) The only sounds permitted shall be either music, human speech, or both.

) Sound emanating from sound amplifying equipment shall be limited in volume,
tone and intensity as follows:
4, The sound shall not be audible at a distance in excess of 200 feet from
the sound equipment.
2. In no event shall the sound be loud and raucous or unreasonably
jarring, disturbing, annoying or a nuisance to reasonable persons of
normal sensitiveness within the area of audibility.

2) Except as provided in (b) above, no sound amplifying equipment shall be
operated upon any property adjacent to and within 200 feet of any hospital
grounds or any school or church building while in use.

ARTICLE 3. ENFORCEMENT

SECTION. 1. Formulation of a Comprehensive Anti-Noise Pollution Program. —
There shall be a comprehensive program to be formulated by the Department of
Environment and Natural Resources, Department of Health, and the Department of
Public Works and Highways in coordination with other govemment agencies and private
sector concemed within one (1) year from the effectivity of this Act.

SEC. 2. Formulation of Implementing Rules and Regulations. — The Secretary of the
Department of Environment and Natural Resources within thirty (30) days from the
effectivity of this Act shall promulgate the rules to implement its provisions.

ARTICLE 4. PENALTIES

Violations of any provision of this Act for which no penalty is specifically provided
shall be punished by imprisonment not exceeding one (1) month or a fine not exceeding
two hundred pesos (P 200.00), or both such fine and imprisonment at the discretion of
the court, unless a higher penalty explicitly is provided for in the Revised Penal Code or
special laws.

In case any violation of this Act is committed by a partnership, corporation,
association or any juridical person, the partner, president, director or manager who
consents to or knowingly tolerates such violation shall be held liable as a co-principal.
ARTICLE 5. APPROPRIATION
The amount necessary to carry out the provisions of this Act is hereby authorized
to be appropriated in the General Appropriations Act of the year following its enactment
into law and thereafter.

ARTICLE 6. FINAL PROVISIONS


SECTION 1. Separability Clause. — If any provisions or part hereof, is declared invalid
or unconstitutional, the remainder of the law not otherwise affected shall remain valid
and subsisting

SEC. 2. Repealing Clause. ~ Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent
with the provisions of this Act is hereby repealed, modified or amended accordingly,
SEC. 3. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation in the Philippines.

Approved,