Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 1839

INTRODUCED BY HON. MARCELINO “MARCY” R. TEQDORO

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 loud, 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 seaing 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 balance and healthful ecology in accord with the rhythm and harmony
of nature, immediate enactment of this measure is earnestly sought.

MARCELINO “MARCY” R. TEODORO

Representative, 1" District
City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No,__ 1839

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 the House of Representatives in Congress of
the Philippines assembled:

ARTICLE 1. GENERAL PROVISIONS.

SECTION 1. Short Title. - This Act shall be known as the “Anti-Noise
Pollution Act of 2010”.

SECTION 2. Declaration of Policies. — (a) |t is the declared policy of the
State to protect and advance the right of the people to a balance and healthful
ecology in accord with the rhythm 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.

SECTION 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.

“Decibel” (dB) — is 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.

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e) “Impulsive Sound”- is 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”- includes, but shall not be limited to, automobiles, through

motorcycles, minibikes and go-carts.

“Noncommercial Purpose”- is the use, operation, or maintenance of the

sound equipment for other than a “commercial purpose”. "Non-commercial

purpose” shall mean and include, but shall not be limited to philanthropic,
political, patriotic, and charitable purposes.

“Octave Band Noise Analyzer”- is an instrument for measurement of

sound levels in octave frequency bands which satisfies the pertinent

requirement for Class |! octave band analyzers of the American National

Standard Specifications for Octave, Half-Octave Band Filters, or the most

recent revision thereof.

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

j) “Sound Amplifying Equipment"- is any machine or device for
amplification of the human voice, music or any other sound, but shall
include:

1. 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 500 feet
thereof.

3. Warning devices on emergency vehicles.

4. Horns or other warning devices authorized by the law on any vehicle
when use 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.

1!) “Sound Level Meter” — is an instrument including a microphone, an
amplifier, an output meter, and “A” frequency weighing network for the
measurement of sound levels.

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.

i)

h

SECTION 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 4 Section
3(h). Except when impractical, the microphone shall be located four to five feet
above the ground and ten 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
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: z

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
200#z.. 5.

2. Repeated impulsive noise. +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 a.m. and 10:00p.m.of any
day...

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 the
Table | 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!
OCTAVE BAND NOISE VALUES CORRESPONDING TO SOUND LEVEL “A”
VALUES

Octave band Sound Pressure Level, dB re .0002 dyne/em.
Sound Level Octave Band Center Frequency in Hz

“A 31.5 63 125 250 500 1000 2000 4000 8000
35 58 50 42 35 «8320 «(29 26 23 20
40 61 54 46 40 37 4 31 28 25
45 64 58 (51 45 42 39 36 33 30
50 67 «61 55) («50 4744 4 38 35
55 70 64 60 55 52 49 46 43 40
60 73 68 64 60 57 5&4 51 48 45
65 7 72 68 6 62 59 56 53 50
70 79 76 73 70 67 64 61 58 55
75 84 81 78 75 72 69 66 63 60

SECTION 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 4. 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;
e) The proximity of he noise to residential sleeping facilities;
f) 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.

SECTION 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 any adjoining unit, by more
than five (5) decibels shall be a violation of the provisions of this section.

SECTION 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 case 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.

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

SECTION 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.

c) No gas powered blower shall be used within 500 feet of a residence at anytime
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.

SECTION 6. Places of Public Entertainment. - It shall be unlawful for any
person to operate, play, or to 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 95dB(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”.

SECTION 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 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.

SECTION 8. Motor Driven Vehicles. — \t shall be unlawful for any person to
unreasonably operate any motor driven vehicle upon any property or unreasonably
acoglerate the engine of any vehicle, or unreasonably sound, blow or operate the
horn 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
reasonable 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 (6) decibels.

SECTION 9. Audible Advertising Devices - Commercial Food Vendors. -
It 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. the next day.


SECTION 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 minutes. The time period shall be calculated
based upon the emission of the first audible sound and shall end five minutes
thereafter notwithstanding any variation or stoppage in the emissions of audible
sound. Violation of this section shall constitute an infraction.

SECTION 11. Amplified Sound. — While recognizing that certain uses of
sound amplifying equipment arte 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, uso,
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.

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.

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 commercial purposes is prohibited between the hours of 9:00
p.m. and 8:00 a.m. of the following day.

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 7:00 a.m. of the following day.

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

f) Sound emanating from sound amplifying equipment shall be limited in
volume, tone and intensity as follows:

1. 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.

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.

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ARTICLE 3. ENFORCEMENT

SECTION 1. Formulation of a Comprehensive Anti-Noise Pollution
Program. There shall be a comprehensive 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 over


government agencies and private sector concerned within one year from the
effectivity of this Act.

SECTION 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 (P200.00), 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 of the sections or provisions of
this Act is held invalid, all the other provisions not affected thereby shall remain in
force and effect.

SECTION 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 provision of this Act is hereby repealed,
modified or amended accordingly.

SECTION 3. Effectivity. — This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation in the Philippines

Approved,