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January 03, 2016

We the residents of San Gavino, Victoria, Tarlac would like to express our continuing objection
to the proposed construction, installation, and eventual operation of a telecommunications
antenna of BellTel, otherwise known as a cell site, in partnership with Dominer Pointe Inc. which
would be located in __________________.
We believe that the proposed cell site did not undergo proper legal procedures to permit its
installation. To begin with, majority of the affected residents of San Gavino were not even made
aware of such a project. We were only made conscious of this proposal on the 14 th of November
2015 when one of the affected neighbors, the late Mrs. Ciony Mallari had informed Mrs. Yolanda
Apolinar, also one of the affected residents, that a purported document asking for a neighbors
consent was circulated by our baranggay officials regarding the proposed installation of the said
cell site antenna. When further queried by Mr. Paulo Apolinar, another affected resident, our
baranggay officials furnished us a copy of a document dated October 29, 2015 claiming to show
the affected residents consent. Unfortunately, this document shows the signature of only seven
(7) individuals. He was even told that there was no public consultation or baranggay resolution
that was conducted.
A further inquiry was made by Ms. Evelyn Lopez, also an affected resident, last December 18,
2015 to Mrs. Louise Pacheco, Sanggunian Bayan (SB) secretary about any resolutions filed and
deliberated by the SB about this proposal but she was told that there have not been any
discussions or resolutions thus far.
If you would recall back in the year 2009 we also voiced our objections to a similar project by
Sun Cellular. We are once again informing you and your office of our OPPOSITION TO THIS
TELECOMMUNICATIONS TOWER since this project was deliberately and fraudulently
withheld from the affected community. To make it worse, we felt we were and still are being
ignored, mistreated and neglected as there has be no public consultation conducted. This in
addition to the health, safety and inconvenience concerns that such a tower pay pose to us in the
immediate and in the long run such as cancer and other serious illnesses.
In fact, attach to this letter is a copy of a news article about the residents of Calvary Hill, Cebu
City who had cases of cancer due to the proximity of their homes to a couple of cellular sites.
The Cebu city government under Mayor Michael Rama had since moved for the dismantling and
relocation of these towers.
Also attached here is the 2004 German Study on the health hazards that a cell site imposes to a
community. (Paolo, pls. print this one and if you can research for additional studies it would be
better. The website is-http://www.tetrawatch.net/papers/naila.pdf)
We trust that you would put the interests of your residents above all else and see that a proper
action is taken to prevent the installation of the said cell site. We also reserve the right to exercise
any and all legal options available to us regarding this matter.

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Sincerely,
(all concerned residents)
Cc:

Mayor,
Vice Mayor,
Sanguniang Bayan,
Municipal Health Officer
Barangay Captain
Barangay Council
Barangay Health Officer (if any)

Take note of the following:

1. To whom can I address this letter ?
You can address this to the Mayor, Vice-Mayor, and the Sanguniang Bayan and the Municipal
Health Officer. Give it to the four of them. Put a CC on the letter. Also include the Barangay
Captain and the Barangay Council. If you are organized already I think you can even ask for an
audience with the Sanguniang Bayan as I think this is a matter of local legislative concern. The
Vice-Mayor is the presiding officer of the Sanggunian.
An audience first with the barangay council would not hurt.
2. What is the nature of this case?
This is a nuisance case under the Civil Code. Nuisance means any act, omission, establishment,
condition of property, or anything else which:
1.
2.
3.
4.

Injures or endangers the health or safety of others; or

Annoys or offends the senses; or
Shocks, defies or disregards decency or morality; or
Obstructs or interferes with the free passage of any public highway or street, or any body
of water; or
5. Hinders or impairs the use of property.
This is public nuisance because it affects the community.
3. What is the issue in your case?
The issue is Whether or not the installation of the cell site tower constitutes a danger to
the health, safety and inconvenience of the community.
This is the main legal issue in this case.
4. What are other important things to remember?

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a. Hidden cards
I intentionally did not put some matters in the letter because I think you can use them as
arguments when the proper forum and time would come. In other words when you are put in a
corner ika nga like a forum in the Sangunian Bayan for instance.
a. SMART COMMUNICATIONS INC. vs. ALDECOA et al. G.R. 166330 , Sept. 11, 2013
-this is an exact copy of your case which was already decided by the Supreme Court.
Unfortunately this was remanded to the lower court for further hearing because of
technicality. So up to now we still have no definitive conclusion on the topic of cell site
in communities.
b. Proper legal procedure:
In the SMART case I cited. It stated the jurisdictional role of the HLURB of the Housing
Land Use Regulatory Board. This means that the HLURB has the right to hear and decide
on the issue of LOCATIONAL CLEARANCE which is the major sub- issue in your case.
Locational clearance because you are opposing the installation of the cell site in your
location.
In my understanding the procedure would be the following:
File a complaint with the Regional Field Office of the HLURBIf failed appeal to the
HLURB Executive Committee in ManilaIf failed file with the HLURB Board En
BancIf failed Office of the President
So take note, this is what I think, If your letters to the Mayor etc fails.. you can file a
complaint with the Regional Field Office of the HLURB. This is a cheaper way
(hopefully your lawyer would explain this)
Your legal basis is HLURB Resolution No. R-626 series of 1998-Approving location
guidelines for base stations of cell sites.
c. How many days na maaabala kayo?
In the SMART case I cited, I computed the time that will make use of your time in case you
filed with the HLURB Regional Office..55 days. Normal yan ah..pero knowing our procedure
baka isang taon yan sa HLURB. Plus yung mga consultations mo sa local
government..maybe it is safe to assume that you can have result by the middle of next next
year. I hope I am wrong.
Take note: These are all my opinions but I am quite confident that majority of these factual and
legal issues will be tackled with your hired lawyer. There are also other legal matters which I am
sure he can discuss with you in details.

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I hope you all the best.

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