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.