Writ compelling agencies to do duties vs noise pollution filed

CEBU, Philippines – To compel concerned government agencies and officials to apprehend violators of noise pollution, a special civil action of writ of continuing mandamus was filed yesterday before the Court of Appeals.

The seven petitioners, Yuri Barrameda, Roy Becite, Samson Cadutdut, Antonio Bolocano Jr., Victoria Cabase, Efren Cadutdut and Roger Alburo were assisted by their legal counsels, environmentalists Benjamin Cabrido and June Marianne Ediza.

The special civil action is in accordance with Rule 8 of the Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC) to compel public respondents to implement the laws and ordinance on anti-noise pollution coming from modified motorcycle mufflers, locally known as “bora-bora.”

The public respondents are the secretaries and regional directors of the Department of Transportation and Communications, Department of Environment and Natural Resources, Department of Public Works and Highways, and Land Transportation Office and Cebu City Mayor Michael Rama.

“All respondents abjectly failed in their respective mandates to abate the unnecessary and excessive exhaust noise emanating from motorcycles installed with “bora-bora” and plying with immunity  along the city streets, most especially those traversing the Transcentral Highway (the national road connecting Cebu City and Balamban, Cebu), where the noise pollution is more pronounced and trebly irritating,” the nine-page petition reads.

The petitioners said that “bora-bora” is the major source of noise pollution in Cebu and noise emanating from this freely flows through the exhaust pipe from the engine and emits sound as high as 120 decibels when in full throttle.

“It is for this reason that noise from these modified mufflers is not only irritating but potentially dangerous both physically and mentally to petitioners. Health experts consider loud noise such as those emanating from bora-bora as a slow agent of death,” the petition reads.

Ediza in a press conference yesterday said that installation of “bora-bora” is illegal and these should be confiscated by proper authorities.

Ediza said importation of “bora-bora” is not prohibited under the law but this should only be used on the race track and not on public roads.

“High levels of noise can have both immediate and long-term effects on hearing. These can cause hearing loss, both temporary and permanent, headaches, dizziness, high blood pressure, nervousness and stress leading to stomach ulcers, sleeping problems, heart disease, loss of concentration and accidents,” the petition reads.

The petition added that had all the respondents conscientiously discharged their legal duties under the law, rules and ordinances aimed at protecting the public welfare, this class of reproductive noise source called bora-bora could not have proliferated on the streets.

The petitioners prayed that upon filing of the petition, the CA will issue an ex-parte Temporary Environmental Protection Order (TEPO) requiring the respondents to immediately conduct inspection and apprehension operations in designated choke points of Cebu City.

These are along Busay barangay hall, Transcentral Highway; S. Osmena St. fronting CPA building near the boundary  of Mandaue City; M.J. Cuenco Avenue, Mabolo near the boundary of Mandaue City; Talamban road near the covered court;  N. Bacalso Ave., Kinasang-an area and Plaza Independencia area near the Malacañang sa Sugbo. —/NSA (FREEMAN)