Fiesta noise prompts Oposa to file case

CEBU, Philippines - Noisy fiesta celebrations in the town of Sta. Fe in Bantayan island prompted environmentalist and lawyer Antonio Oposa Jr. to file a criminal complaint against the organizers, operators and the owner of the sound system before the Office of the Provincial Prosecutor.

In his four-page complaint, Oposa, a resident of Sitio Alice Beach, Barangay Ocoy, Sta. Fe said that for almost 20 years he and others “tolerated, endured and suffered the loud noises” but he has to put an end to it.

“Enough is enough,” he stated.

He narrated in his complaint that in January 2013, they monitored the noise from the sound system in a “privately initiated” fiesta.

“The findings of the DENR Monitoring Team shows that the noise levels in the area are above the prescribed legal limit for human habitation,” he added in his complaint.

Named respondents were Analie Tulid, Luzviminda Fariolen, Merly Fariolen, all residents of sitio Bombel; Junjun Ofiasa, owner of the disco mobile and Noynoy Tumawan, Enzo Ofrel and Boboy Ofiasa, operators of the sound systems.

Oposa said that he has lived in the place since 1975 and in the mid 1990s when power supply came to Bantayan island, night dance locally called “bailes” started.

Though everyone has the right to enjoy, Oposa said they should have not

used “extremely loud sound systems” because they can hardly sleep at night.

He said he complained before the local officials, police officials and the organizers of the benefit dance and the Sangguniang Bayan but nobody acted.

He said he asked Tulid, the president of the fiesta committee, to lower the volume of the sound system but they did not.

“Despite these requests, they continued with the baile, thereby emitting loud and unwanted sounds that disturbed the public peace. Despite all these entreaties, requests and pleas, the organizers of bailes and concerned public officials have turned a deaf ear. They altogether seem to have forgotten that they have a duty to protect and advance the general welfare of the people,” the complain t reads.

Based on the findings of the DENR, he said the respondents violated Republic Act 8749 or the Clean Air Act and Presidential Decree 984 or Pollution Control Law.

RA 8749 particularly Section 5 in relation to Section 47 states “emission means any air contaminant, pollutant, gas stream or unwanted sound from known source which is passed into the atmosphere.”

Oposa added that the bailes were used by the people as “venue for drug sessions, violence, unwanted pregnancies and others.”

Meanwhile, Oposa is set to file charges against public officials who allowed and tolerated  the said act.  (FREEMAN)