Dear Atty. Kathy,

Our family just transferred to an exclusive village, to live with my parents. Since the school year started, we were repeatedly exposed to blaring sounds every day from the school near our house, which interrupted our rest time and disturbed the quiet enjoyment of our residence. We sent a written complaint to the school, who said that they already have in place measures to minimize the noise coming from its premises. However, such measures are not enough, as we continue to be affected by the loud noises from the school’s activities. Do we have enough basis to file a complaint for damages?

Ash

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Dear Ash,

The Supreme Court has held that in a densely populated country such as ours, noise emanating from the conduct of a lawful business or in the exercise of a valid trade, may offend others’ sensibilities. However, not all kinds of noise are a nuisance that may give rise to an action for damages.

According to the Civil Code, noise constitutes a nuisance only when its intensity endangers health or safety, or when it annoys or offends the senses. If a person is aggrieved by a private nuisance (which produces damages to one or a few persons), one of the remedies is a civil action for damages.

The test is whether rights of property, of health or of comfort are so injuriously affected by the noise in question that the sufferer is subjected to a loss which goes beyond the reasonable limit imposed upon him by the condition of living, or of holding property, in a particular locality in fact devoted to uses which involve the emission of noise although ordinary care is taken to confine it within reasonable bounds; or in the vicinity of property of another owner who, though creating a noise, is acting with reasonable regard for the rights of those affected by it.

Stated another way, the noise must be of such character as to produce actual physical discomfort and annoyance to a person of ordinary sensibilities, rendering adjacent property less comfortable and valuable.

There is no absolute standard for what qualifies as a nuisance. Whether noise is reasonable depends on the facts, conditions, and circumstances of each case, such as locality and the character of the surroundings, the nature, utility and social value of the use, the extent and nature of the harm involved, the nature, utility and social value of the use or enjoyment invaded and the like.

Based solely on your narration, the noise is coming from the school’s activities. Please note that the Supreme Court has found that the academic noise from a school does not constitute an actionable nuisance to render it liable for damage, if such sounds emanating from the school arise from its ordinary operations as an educational institution. In this regard, the Court has held that not all inconveniences are actionable or sufficient to warrant damages.

Thus, unless it can be shown that the school intentionally or unnecessarily caused harm; or that the school caused the noise willfully, and with malice or bad faith; or if the school conducted its business with more noise than is reasonably necessary for its purpose, the noises coming from the school will not be an actionable nuisance.

(Couples for Christ [CFC] School of the Morning Star, et al., vs Wideline I. Malonda, et al., G.R. No. 278875, 26 November 2025).

Atty. Kathy Larios