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DATE July 24, 2023

NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES
H. No.8597

Introduced by Representative Raul C. Tupas

EXPLANATORY NOTE

AN ACT REGULATING NOISE POLLUTION BY CREATING THE NOISE POLLUTION
CONTROL BOARD (NPCB), PROVIDING FUNDS THEREFOR AND FOR OTHER
PURPOSES

The Constitution, Article 2, Section 15 provides:

The State shall protect and promote the right to health of the people and instill health
consciousness among them.

Community noise (also called environmental noise, residential noise or domestic
Noise) is defined as noise emitted from all sources except noise at the industrial workplace.
Main sources of community noise include road, rail and air traffic; industries; construction and
public work; and the neighborhood. The main indoor noise sources are ventilation systems,
office machines, home appliances and neighbors.’

A World Health Organization (WHO) report suggests that noise can affect human
health and well-being in a number of ways, including annoyance reaction, sleep disturbance,
interference with communication, performance effects, and effects on social behavior.

Exposure to noise has also been associated with a range of possible physical effects
including colds, changes in blood pressure, other cardiovascular changes, increased doctor/
hospital visits, problems with the digestive system and general fatigue. In fact, prolonged
exposure to noise levels at or above 80 decibels has been medically proven to cause
permanent hearing loss. Eighty decibels is equivalent to the sound produced by an alarm
clock at two feet, factory noise, vacuum cleaner, heavy trucks, and loud radio music.

The World Health Organization (WHO) together with the Organization for Economic
Coordination and Development (OECD) have developed their own guidelines based on the
effects of the exposure to environmental noise. The growth in noise pollution is unsustainable

1 WHO, (1999). Guidelines for Community Noise, Edited by Birgitta Berglund, World Health Organization,
Thomas Lindvall, and Dietrich Schwela. Geneva, April 1999.



because it involves direct, as well as cumulative, adverse health effects. It also adversely
affects future generations, and has socio-cultural, esthetic and economic effects.

The Philippines is among the countries that lack a national policy and regulation to
combat noise pollution due to lack of methods to define and measure it, and to the difficulty
of controlling it.

This bill, therefore, seeks to regulate noise pollution by creating the Noise Pollution
Control Board (NPCB) which shall formulate and implement the policies and programs on
noise pollution control. This measure also prescribes the standards and criteria in determining
any violations on noise pollution and its corresponding penalties.

In view thereof, approval of this Bill is earnestly sought.

RAUL ‘soaker C. TUPAS


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NINETEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES
H. No. 8597

Introduced by Representative Raul C. Tupas

AN ACT REGULATING NOISE POLLUTION BY CREATING THE NOISE POLLUTION
CONTROL BOARD (NPCB), PROVIDING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Noise Pollution Control
and Abatement Act.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to
protect and promote the right to health, safety and general welfare of the people by providing
them an environment free from environmental noise due to economic development and
modern technology that disrupt the natural rhythm of life.

SECTION 3. Definition of Terms. — For purposes of this Act, the following terms shall
mean:

a) “Ambient Noise” - 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) “Decibel” (dB) — a unit of level which denotes the ration between two quantities which
are proportional to power, the number of decibels corresponding to the ration of two
amounts of power is 10 of this ratio;


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c) “Environmental Noise” —the sound thatis emitted in the course of industrial production,
construction, transportation and social activities that impairs the living environment of
the people;

d) “Motor Vehicle” — includes, but not limited to automobiles, trucks, motorcycles, motor

bikes and go carts;

e)

“Noise Emission” — noise discharged from the source to the living environment of the
neighborhood;

f) “Noise Pollution” - an unwanted human-created sound that disrupts the environment
and emitted sporadically or over a period of time; the dominant form of which are
derived from transportation sources, motor vehicles, sound system, equipment, tolls,
apparatus, machinery and the like;

“Noise-sensitive Structures” — those that require a quiet environment such as

g
hospitals, schools, government offices, research institutions and residential buildings;

h) “Octave band noise analyzer’ — an instrument for measurement of sound levels in
octave frequency band which satisfies the pertinent requirement for class 2 ban
analyzers of the American National Standards Specifications;

“Person — an individual, firm, association, co-partnership, joint venture corporation or

any entity, private or public in nature;

“Sound amplifying equipment’ — any machine or device for amplification of the human
voice, music or any sound including the following: (1) automobile radios, stereo
players, phonographs for television receivers used in or 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 or emergency vehicles; and (4) horns or other
warning devices authorized by law on any vehicle when used for traffic purposes.


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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; and

!) “Sound Level Meter’ - an instrument including a microphone, an amplifier, an output
meter, and “A” frequency weighing network for the measurement of sound levels;

SECTION 4. Creation of the Noise Pollution Control Board (NPCB). - To
implement the policies and attain the objectives enunciated under this Act, there is hereby
created the Noise Pollution Control Board (NPCB), herein referred to as the “Board” attached
to the Department of Environment and Natural Resources (DENR) and shall have its principal
Office at Metro Manila.

SECTION 5. Composition of the NPCB. - The Board shall be composed of one (1)
Undersecretary of the DENR as Chairman and one (1) Undersecretary of the Department of
Health (DOH) as Vice-Chairman, respectively, who shall both be appointed by the President.
The following shall be members of the Board:

a) One (1) representative from the Department of Transportation (DOTr);

b) One (1) representative from the Department of Public Works and Highways
(OPH);

c) One (1) representative from the Department of Interior and Local Government
(DILG);

d) One (1) representative from the Department of Trade and Industry (DTI);
) One (1) representative from the Department of Science and Technology (DOST);
f) One (1) representative from the Department of Labor and Employment (DOLE);

g) One (1) representative from the Department of Human Settlements and Urban
Development (DHSUD);


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SECTION 6. Powers and Functions of the Board. The Board shall have the following

powers and functions:

a) Formulate and implement such policies and programs necessary for the
accomplishment of the purposes of this Act;

b) Set up, revise and/ or modify existing noise standards consistent with economic
development and technology;

c) Determine the source, magnitude, extent, severity, causes, effects and other
pertinent information regarding noise pollution and take such measures, using
available methods and technologies, as it shall deem best to prevent or abate such
pollution;

d) Prescribe procedures and criteria for the measurement of sound level;

e) Conduct continuing researches and studies on the effective means for the control
and abatement of noise pollution;

f) Develop comprehensive plans for the abatement of existing noise pollution and the
prevention of new or imminent pollution, the implementation of which shall be
consistent with the national development of the country and indicating priorities
and programs;

g) Adopt, prescribe, promulgate and issue rules and regulations governing
compliance of the provisions of this Act;

h) Develop and disseminate information and educational materials to all sectors of
society concerning public health and other effects of noise and the most effective
means for noise control, through the use of materials for school curricula, volunteer
organizations, radio and television programs, publication and other social media;

i) Deputize in writing or request assistance from concerned government agencies or
instrumentalities for the purpose of enforcing the provisions of this Act;


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j) Issue, renew or deny permits under such conditions as it may determine to be
reasonable for the prevention and abatement of noise pollution;

k) Impose reasonable fees and charges for the issuance or renewal of permits
telative to the compliance of the provisions of this Act; and

|) Exercise and perform such other powers and functions as may be necessary or
incidental to the attainment of the purposes and objectives of this Act.

SECTION 7. Secretariat of the Board. - The Board shall establish a Secretariat
which shall assist in the implementation of this Act. Its staffing pattern shall be established in
coordination with the Department of Budget and Management and in accordance with the
Civil Service rules and regulations.

SECTION 8. General Requirements and Restrictions on Noise Level and Control.
— The following shall be the general requirements and restrictions on noise level:

a) Any noise level caused by use or operation of radio, television receiver, musical
instrument, phonograph or other similar machine or device which is audible to the
human ear shall be at a distance not to exceed 150 feet from the property line of
the noise source, within any residential zone or within 500 feet thereof;

b) 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, shall not
exceed five (5) decibels; and

c) The most modern, effective and affordable technology shall be used to control
Noise emissions.

SECTION 9. Sound Level Measurement Procedure and Criteria. - The following
are the sound level measurement procedure and criteria:


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a) Any sound level measurement made pursuant to the provisions of this Act shall be

b)

¢)

measured with a sound level meter using the “A” weighing and response; except
when impractical, the microphone shall be located 4 to 5 feet above the ground
and 10 feet or more from the nearest reflective surface;

If the sound alleged to be offending is of a type or character set forth below:

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 overtones have 200 Hz. 4.

2. Repeated impulsive noise wet.

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 10:00 p.m. of any day

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 Value Corresponding to Sound Level “A” Values

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

Sound
level Octave Band Center Frequency in Hz

w (35 [6 [125 260 | 600 | 1000 | 2000 | 4000 | e000
S| | [2 |% (2 |e |e |B [am
a a [ae [ee [oO ja [a [ax (e@ [a



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% [oe | [ot Q 3 «(136 B13
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7 [7 [76 [73 a7 4 | 6 5 «85

7% |e | at 7% «75 «72 9 | 6 3 60

% [7 [64 [60
«73

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SECTION 10. Criteria/ Standards for Violations of this Act. - In determining any
violation of this Act, the following criteria or standards shall be considered:

a) 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) Level and intensity of the background noise, if any;

e) Proximity of the noise to residential sleeping facilities;

f) Nature and zoning of the area within which the noise emanates;

g) Density of the inhabitation of the area within which the noise emanates;
h) Time of the day and night the noise occurs;

i) Duration of the noise;

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

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

SECTION 11. Procedure and Criteria for Sound Level Measurement. - Any sound
measurement made pursuant to the provisions of this section shall be measured with a sound
level meter using the “A” weighing and response as indicated in Section 9 hereof. Except


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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.

SECTION 12. Prohibited Acts. - Any person who 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 shall be liable for noise pollution and
punishable under this Act.

The following shall constitute as prohibited acts punishable under this Act:

a) Use or operate any radio, musical instrument, phonograph, television receiver, or
other machine or device for 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) 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 except when the operation
of the equipment, instrument is for emergency work, periodic maintenance or
testing or is reasonably necessary;


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c) 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 between the hours of 10:00 p.m. and 7:00
a.m. of the following day;

d) 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;

e) Use gas powered blower 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;

f) 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 or 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;

g) Repair, rebuild, reconstruct or dismantle any motor vehicle between the hours of
8:00 p.m. of one day and 8:00 a.m. the next day within any residential property
located in a residential zone or within 500 feet thereof and that a reasonable person
residing in the area experienced discomfort or annoyance and the activity is
audible to the human ear at a distance in excess of 150 feet from the property line

of the noise;

h) Create any noise which 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.


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i) Operate any motor-driven vehicle upon any property or unreasonably accelerate
the engine of any vehicle, or sound, blow or operate the horn or other warning
device of such vehicle as to disturb the peace, quiet and comfort of any
neighborhood or of any reasonable person residing in the area, provided that the
activity is audible to the human ear at a distance in excess of 150 feet from the
property line of the noise source creating 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;

j) 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;

\)

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;

|) Use of sound amplifying equipment out of the normal, adequate and tolerable
sound level causing public nuisance of loud and unnecessary noise;

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

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n) Modify the exhaust system of a motor vehicle in a manner that shall amplify or
increase the noise emitted by the engine of the motor vehicle in excess of the noise
emitted by the muffler installed on the motor vehicle in the manufacturer's original
design; and

In all other zones, except such portions thereof as may be included with 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
and 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 when the sound is not audible at a distance in excess of 200 feet from the sound
equipment. 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 (m) 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.

SECTION. 13. Penalties. - Any person who shall violate any of the provisions of
Section 12 hereof, upon conviction, be subject to a fine of not less than Ten Thousand Pesos
(P10,000) but not more than Fifty Thousand Pesos (P50,000) or imprisonment of not less
than two (2) months but not more than one (1) year, or both, upon the discretion of the court.

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 co-principal.

SECTION. 14. Formulation of a Comprehensive Anti-Noise Pollution Program. —
There shall be a comprehensive program to be formulated by the Board within one (1) year
from the effectivity of this Act.

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SECTION. 15. Implementing Rules and Regulations. — The Secretary of the DENR,
in coordination with the DOH, DILG, DOLE, DPWH, and DHSUD shall, within thirty (30) days
from the effectivity of this Act, promulgate the rules and regulations to implement its
provisions.

SECTION. 16. Appropriations. - To implement the provisions of this Act, such
amount as may be necessary is hereby authorized to be appropriated from the National
Treasury. Thereafter, the amount necessary for its operation shall be included in the annual
appropriations of the DENR.

SECTION. 17. 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.

SECTION. 18. 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.

SECTION. 19. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or a newspaper of general circulation.

Approved,

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