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AC ENTERPRISES, INC. VS. FRABELLE PROPERTIES CORP.

G.R. NO. 166744. NOVEMBER 2, 2006.


506 SCRA 625
Facts:
AC enterprises, petitioner herein, is a corporation who owns a 10storey building in Makati City. On the other hand, Frabelle, respondent herein,
is a condominium corporation who's condominium development is located
behind petitioner. Respondent complained of the 'unbearable noise
emanating from the blower of the air-conditioning units of petitioner.
Issues:
WON the unbearable noise in the case at bar is a nuisance as to be
resolved only by the courts in the due course of proceedings
HELD:
Yes. It is a nuisance to be resolved only by the courts in the due course
of proceedings; the noise is not a nuisance per se. Noise becomes actionable
only when it passes the limits of reasonable adjustment to the conditions of
the locality and of the needs of the maker to the needs of the listener. Injury
to a particular person in a peculiar position or of especially sensitive
characteristics will not render the house an actionable nuisance in the
conditions, of present living, noise seems inseparable from the conduct of
many necessary occupations. The determining factor is not its intensity or
volume; it is that the noise is of such character as to produce actual physical
discomfort and annoyance to a person of ordinary sensibilities rendering
adjacent property less comfortable and valuable.