By Benjamin Pulta
MANILA – The Supreme Court has reversed a Court of Appeals ruling that awarded damages to residents of a subdivision in Butuan City for the noise due to school activities.
In a 17-page decision written by Associate Justice Samuel Gaerlan published online April 17, the high court granted the petition of the Couples for Christ School of the Morning Star (CFC-SMSl) in Butuan City appealing the CA’s decision which had awarded damages for residents of Saint Joseph Subdivision.
The high tribunal ruled that a school’s regular activities are not considered a nuisance.
“Markedly, not every inconvenience gives rise to a cause of action for damages. Otherwise courts will be inundated with endless litigation over minor and speculative grievances. Absent a preponderance of evidence rendering CFC-SMS liable, the action for damages against it is dismissed,” the court ruled.
“(E)stablishing liability under the human relations provision (of the Civil Code) hinges on proof that the defendant acted with malice or bad faith. Bad faith does not simply connote bad judgment or simple negligence. It involves a dishonest purpose or some moral obloquy and conscious doing of a wrong. It is a breach of known duty due to some motives or interest or ill will that partakes of the nature of fraud,” it said in clearing the school.
Residents led by Wideline Malonda claimed they were often exposed to loud noises from the school, such as drums and bugles, teachers speaking through microphones and megaphones, and students running, cheering and shouting during games played at the multipurpose center. They said these sounds, heard day and night, disturbed their sleep and peace at home.
The school for its part said it has been operating since 2012 with the necessary permits and said that any noise comes only from regular classes.
It added that the City Environment and Natural Resources Office conducted a test and found the noise within the allowed limits for residential areas.
The school also claimed it took steps to reduce noise, such as building higher fences, planting trees, using small speakers, and limiting activities between 7 a.m. and 7 p.m. on weekdays.
The Regional Trial Court dismissed the residents’ complaint, ruling that they failed to prove they were harmed by the noise.
The same court also found that the school did not intend to harm the residents and acted in good faith by taking steps to reduce the noise.
The SC reinstated the lower court’s decision and set aside the CA’s ruling on the matter.
The SC ruling reversed the CA’s decision which had awarded P500,000 in nominal damages and P100,000 in attorney’s fees. (PNA)
