Sta. Fe officials, cop face raps

Oposa files charges before Visayas ombudsman for respondents’ failure to stop noise pollution

AFTER suing seven people, environmental lawyer Antonio Oposa Jr. turned his guns on the officials of Sta. Fe, Bantayan Island, Cebu, including a police official, for their alleged failure to enforce the law to stop noise pollution.

Charged before the Office of the Ombudsman-Visayas were Sta. Fe Mayor Jennifer Ilustrisimo, Vice Mayor Renato Saagundo, Sta. Fe Police Station Chief Ricardo Echavez and a village chief.

They have to answer the complaints for violation of Republic Act 8749 (Clean Air Act), Anti-Graft and Corrupt Practices Act, Revised Penal Code (alarm and scandal) and the Civil Code.

Oposa earlier lodged separate charges against seven residents of Sitio Bombel, Barangay Ocoy, Sta. Fe.

Mobile disco sound system owner Junjun Ofiasa, sound system operators Nonoy Tumawan and Enzo Ofrel, Boboy Ofiasa, Analie Tulid, Luzviminda Fariolen and Merly Fariolen were charged for violating Presidential Decree 984, or the Pollution Control Law, on noise standards; Republic Act 8749, or the Clean Air Act; and alarm and scandal.

The lawyer said the respondents ignored to regulate the “ear-splitting noise” generated by benefit dances in his neighborhood that would keep him awake the whole night.

Oposa, in his affidavit, said he sought the assistance of the Environment Management Bureau (EMB) last January to monitor the sound emit- ted by amplifiers from a private benefit dance in a neighboring sitio.

According to the findings of the team led by Cindy Pepito, the sound from the amplifiers fell in the area of 50 to 90 decibels, or roughly the sound of a truck horn.

Readings by the environment agency show that the noise levels are above the legal standards set by the Clean Air Act and the Pollution Control Law, said Oposa, who resided in Sitio Alice Beach since 1975.

Those found guilty of violating the law will get a fine of between P10,000 and P100,000 and an imprisonment of six months up to six years.

Permits

In his complaint filed before the ombudsman, Oposa said the indiscriminate issuances by local officials of permits for the holding of benefit dances caused noise pollution.

He said the local officials should be held liable for “tolerating and facilitating the performance of nocturnal amusements that disturb the public peace.”

Oposa attached in his complaint the investigation report of the EMB relative to the noise pollution in their barangay.

The monitoring and evaluation by the environment agency said that noise pollution incidents happen at least twice a week in some part of Sta. Fe.

Oposa said he will also file a separate civil case for damages before the Regional Trial Court in Bacoor, Cavite, where he presently resides.