Republic of the Philippines

City oflloilo
OFFICE OF THE SANGGUNIANG PANLUNGSOD
EXCERPT FROM TllE M!NlITES OF THE 11 rn REGULAR SESSION OF THE SANGGUNIANG
PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT THE SESSION HALL, 6111
FLOOR NEW CITY HALL BUILDING, PLAZA LIBERTAD, ILOILO CITY, ON TUESDAY,
MARCH 17, 2015.
PRESENT:
HON. NIELEX C. TUPAS
Acting Presiding Officer
Hon. Lyndon V. Acap
Hon. Rode! F. Agado

Member
Member

Hon. Joshua C. Alim, Floor Leader

Hon. Lady Julie Grace L. Baronda
Hon. R Leone N. Gerochi

Me1nber
Member
Member

Hon. Carlos P. Guarin, Pres., Liga ng mga Barangay

Hon.
Hon.
Hon.
Hon.
Hon.

Ex Officio Member

Plaridel C. Nava 11, Asst. Floor Leader

Armand S. Parcon
Eduardo L. Peftaredondo
Liezl Joy Zulueta-Salazar
Jose Efrain G. Trefias III

Member
Member
Member
Member
Member

ABSENT:
HON. JOSE S. ESPINOSA Ill (Acting City Mayor) City Vice Mayor & Presiding Officer
Hon. Jason R. Gonzales (On Special I.eave)
Member
REGULATION ORDINANCE N. 2015-162
AN ORDINANCE REGULATING NOISE POLLUTION
IN THE CITY OF ILOILO
Sponsored by Councilor Plaridel C. Nava II, co-sponsored by Councilor
Lady Julie Grace L. Baronda, duly seconded by Councilors Lyndon V.
Acap and Rode! F. Agado

WHEREAS, pursuant to DENR Administrative Order No. 30 dated June 30, 1992 that
promulgated an IRR to devolve certain functions, programs and projects to the LGU as regards
Environmental Management on ''abatement of noise pollution and other forms of nuisance as defined
by law";
WHEREAS, the Sanggnniang Panlungsod of Iloilo has enacted Regnlation Ordinance No.
2004-149, otherwise known as the "Iloilo City Environment Code of 2004". However, inadvertently
omitted the provision of"noise pollution"~

WHEREAS, it is about high time to amend/revise/repeal the ex1st1ng various regulation

ordinance to effectively meet and properly respond to the present situation involving the proper usage
of any volume of any sound system, apparatus or instrument, startling sound of motor vehicles and
explosion of any firecrackers and pyrotechnic devices;

WHEREAS, under Presidential Decree No. 984, otherwise known as the Pollution Control Law
and its Implementing Rules and Regulations of 1978, there establishes an allowable noise levels.
However, this needs local legislation to effectively enforce at the local level;

Re~.

Ord. No 2015-162 Mar. 17 2QJj

Page 2

WHEREAS, RA 8749, otherwise known as the "Philippine Clean Air Act of 1999", declared
the principles of the state shall promote and protect the global envirorunent to attain sustainable
development while recognizing the primary responsibility of the local government units to deal with
environmental pollutions;
WHEREAS , Section 458 (a) (i)(vi) of the Local Government Code of 1991 states that the
Sangguniang Panlungsod shall approve ordinances and pass resolutions necessary for efficient and
effective city government, and shall protect the environment and impose appropriate penalties for acts
which endanger the environment;
NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of the City of lloilo, in
session duly assembled, that:
Section 1. - Title. - This ordinance shall be known as "The Ordinance Regulating Noise
Pollution in the City oflloilo".
Section 2. - Definition ofTenns. - For the purpose of this ordinance, adopted from Chapter IV,
Article I, Section 74 of the IRR of PD 984, the following terms are hereby defined as follows:
a. Ambient Noise - means the all encompassing noise associated with a given environment,
being usually composed of sound from sources near and far.
b. Apparatus - means any mechanism which prevents, controls, detects measures or records
the production of sound.
c. Claxon - means any manually, mechanically or electrically powered device, other than as
emergency signal device.
d.

Decibels - is a measure of sound level and is equal to 10 times the logarithm of the square
ofa measured sound pressure level (SPL) divided by a reference sound pressure. The sound
pressure is given in microbar, with the reference pressure taken as 0.0002 microbar \vhich is
generally the minimum the human ear can sense. Decibel "A" (dBA) is the measure of total
sound level when using the "A" level network.
c. Device - means any mechanism which is intended to produce or which actually produces
sound when operated or handled.
f.

Emergency Signal Device - means any gong, siren, \vhistle, or any air horn or any similar
device, the use of which by authorized emergency vehicles is permitted.

g. Noise - means an erratic, intermittent, or statistically random oscillation, or any unwanted

sound.
h. Unnecessary Noise - means any excessive or unusually loud sound, or any sound which
either annoys, disturbs, injures, endangers the comfort, repose, health, peace or safety of a
person, or \Vhich cause injury to plant or animal life, or damage to property or business.

1.

Sound - means an oscillation in pressure, stream particle displacement, particle velocity,

etc. in a medium whose internal forces (e.g. elastic, viscous) of superposition of such
propagated oscillation which invokes an auditory sensation.

J.

Sound Level Meter-- means any instrument including a microphone, an amplifier, an output
meter, and frequency weighing networks for the measurement of noise and sound level.

Page3

Reg. Ord. No. 2015-162, Mar. 17. 2015

k. Sound Pressure Level - (SPL) in decibels means sound level that is 20 times the logarithm
to the base l 0 of the ratio of the pressure of the sound to the reference pressure 2x l 0-4
microbar.
L

Sound Reproduction Device - means any device intended primarily for the production or
re-production of sound including but not limited to, any musical instrument, radio receiver,
television receiver, tape recorded, phonograph or sound amplifying system.

m. Sound Signal Device - means a device designed to produce a sound signal when operated,
including, but not limited to, any claxon, air horn, whistle, bell, gong, siren, but not an
emergency signal device.

n. VU Meter (Volume Unit Meter) - a meter used with sound-reproducing or recording

equipment that indicates average sound levels.
Section 3. Ambient Noise Standards. - Pursuant to Section 78 of the IRR of PD 984, the
following "Ambient Noise Quality Standards" are hereby codified and adopted as follows:

3 .1 Classification of General Areas:

For purposes of establishing ambient noise quality standards, areas within any city, region or
other urban living shall be classified by the commission as follows:
a) Class AA - A section or contiguous area which requires quietness, such as areas within 100
meters from school sites, nursery, schools, court buildings, hospitals, churches, and special
ho1nes for the aged.
b) Class A- A section or contiguous area which is primarily used for residential purposes.
c) Class B - A section or contiguous area which is primarily a co1nmercial area.
d) Class C - A section primarily reserved as light industrial area.
e) Class D ~ A section which is primary reserved as a heavy industrial area.
3.2 The maximum allowable noise levels in general areas shall be:
Category

AA
A
B

Daytime
50 db
55 db
65 db
70 db
75 db

Morning & Evening

45 db
50db
60db
65 db
70db

Night time
40 db
45 db
55 db
60 db
65 db

3.2.1 The standards are applied to the arithmetic median of at least seven readlngs at the point
of maximum noise level.
3.2.2 The division of the 24-hr period shall be as follows:
Morning - - - - - - - - - - - - - - - - - Daytime-- - - -- - -- -- - -- - - - Evening- - - -- - -- - -- -- - -- -Nighttime--- - - - - - - - - - -- -- -

5:00 AM. to 8:00 AM.

8:00 AM. to 6:00 P.M.
6:00 P.M. to 10:00 P.M.
10:00 P.M. to 5:00 AM.

Section 4. - Special Remedies. -ln certain types of problems relative to noise pollution in the
City of lloilo, the following special remedies are laid down as follows:

Reg. Ord. No. 2015-162. Mar. 17. 2015

Page4

4.1 On videoke, sing-along bars and restaurants or eateries providing live-band music:
4.1.a Aside from complying strictly with the rules and regulations relative to the acquisition
of the pertinent business permit and other licenses from the city, videoke, sing-along
and other bars, if its music exceeds the allowable sound level limits, shall see to it
that its establishment is equipped with sound-proofing devices, walls, or enclosures
so that the surrounding community will not be affected by said music;
4.1.b Restaurants with live-band music already existing upon the passage of this ordinance,
aside from seeing to it that they have permit to operate as such in conformity with
zoning rules, shall ensure that the sound coming from its establishment does not
exceed the allowable sound level limits as set forth in Section 3 hereof; if it does, it
has to bring it down to said allowable limits, or enclose its establishment with sound
proofing de\rices, walls or enclosures;
4.1.c Establishments applying for permit to operate business with live-band music upon the
effectivity of this ordinance are hereby required to enclose their structures to ensure
that no sound goes out of the establishment and does not disturb the neighborhood.
4.1.d. Establishments!Organizations/ Individual applying for a special permit with the
Office of the City Mayor with live band music, pop rock or similar concert with
admission fee are required to pay their amusement tax accrue the office of the City
Treasurer per Chapter VIII - Amusement Tax on Admission, City Tax Ordinance
No. 2007-016, otherwise known as Local Revenue Code of Iloilo City as amended.
4.2 Barangay fPurok and District Fiestas, and Community Celebrations. - Purok/District
fiestas and community celebrations requiring the use of public sound systems and explosion of
firecrackers, fireworks and other pyrotechnic devices shall first secure the necessary permit from the
city Mayor's Office, stating the particular purpose for the celebration and the specific period of time
for said fiesta or celebration; an implied condition for the grant of the permit is the condition that the
celebration must comply with the ambient noise standards as set forth in Section 3 hereof, and any'
violation thereof shall subject the activity of the sponsor thereof to sanctions as provided herein;
4.2.a Family, Individual and Household Celebrations. - Family, Individual, and Household
Celebrations requiring the use of sound systems, videoke, band, and other musical
instruments/apparatus shall strictly observed the maximum allowable noise levels as provided under
Section 3.2 of this ordinance.
4.2.b All owners of establishments of any kind operating sound systems, videoke, band, and
other musical instruments/apparatus shall secure/install a VU Meter as a condition in obtaining
business permit from the City ofiloilo.
Section 5. -General Prohibition. -it is prohibited in the City ofiloilo, for any person, whether
natural or juridical, to create or produce noise beyond allowable levels as provided for in Section 3
hereof.
Section 6. - Particular Prohibited Acts. - Pursuant to Sec. 76 of the IRR of PD 984, the
~lowing are prohibited acts:
{

6.1 Operation of Sound Reproduction Devices. - No person shall operate or use or cause to
operate any sound reproduction device for any of the following purposes:
a. To attract attention to any performance, show, sale, display or merchandise in
connection with any commercial or business enterprise including those charged in the
sale of radios, television sets, phonographs, tape recorders, phonograph records or
tapes, in front or outside of any business building, place or premises, abutting on or

Reg. Ord. No.

2015~160.Mar.

17 2015

Page 5

adjacent to a public street, park or place, or in or upon any vehicle operated, standing or
being in or on any public street, park or place from any stand, platform, or other
structure, or from any airplane or other device used for flying, or on boat, or the public
streets, parks or places, except the incidental sound for which a pennit has been issued.
b. To make noise emanating from the sound of reproduction device, while on railroad or
ferry or any other public conveyance, audible to another person.
c. To create unnecessary noise such as but not limited to indiscriminate use of siren, horn,
whistle or other similar gadgets and explosion of firecrackers, fireworks and other
pyrotechnic devices except when the noise is a result of the operation or use of any
claxon or air horn installed in a motor vehicle to signal imminent danger, or of any
steam whistle attached to any stationary boiler to give notice of the time to start and
stop work or to signal imminent danger.
6.2 Construction, Commercial and Industrial Activities. - No person shall engage in or permit
any person to be engaged in construction, commercial or industrial activities where
excessive noise is created, except when such activities are for the purpose of averting
disasters or other emergencies, preventing danger to human life, safeguarding public safety
or protecting national interest and similar incidents.
6.3 Hand.Jing Containers and Construction Materials. - No person shall handle, transport or
cause to be handled or transported in any public place, any container or construction
material in such a way as to create unnecessary noise.
6.4 Exhaust Noise. - No person shall cause or pennit the discharge into open air of the exhaust
of any steam engine, diesel engine, internal combustion engine, turbine engine or similar
device so as to create in excess of 90 dB measured on acceleration at 10 meters distance.
6.5 Noise Emission near Schools, Hospitals, Churches, Courts. - No person shall cause or
permit the creation of any device on any street adjacent to any hospital, school, church or
court of justice.
6.6 Violation of the special provisions in Section 4 hereof.
Section 7. - Exemptions. - on special occasions and during the highlight of City festivals,
Barangay/District Fiestas, events, exempted from the foregoing provisions and noise of a temporary
and occasional nature, and which by nature are not unlawful such as but not limited to Christmas and
New Year's Celebration, Charter Day Celebration, Chinese New Year Celebration, Paraw Regatta,
Dinagyang Festival, family events, street dancing, drum and bugle and other related activities as well
as noise generated by public assemblies such as rallies on public issues, election- related assemblies,
rallies and "recoridas". Provided that such noise shall be avoided in class AA areas as defined herein in
relation to Section 3 hereof and shall be permitted only until such time as maybe specified or
detennined by the City Mayor.
Section 8. Penalties.
a) Any person found guilty violating this ordinance shall be penalized as follows:
First Offense -

a fine of FIVE HUNDRED PESOS (P500.00) or imprisonment of

not more than thirty (30) days or both fine and imprisonment upon
the discretion of the court.

Page6

Reg. Ord. No. 2015-162. Mar. 17. 2015

Second Offense -

a fine of ONE THOUSAND PESOS (Pl ,000.00) or imprisonment

of not less than sixty days (60) days and not more than six (6) months or
both fine and imprisonment upon the discretion of the court.

Third Offense and

Succeeding offenses - a fine of FIVE THOUSAND PESOS (PS,000.00) or imprisonment
of not less than six (6) months and one (I) day but not more than one (1)
year or both fine and imprisonment upon the discretion of the court.
b) Administrative Penalties
First Offense P 1,000.00 and written Notice of Warning
Second Offense - P 2,000.00 and closure of the place of business for five (5) days
Third Offense and Succeeding - P 5,000.00 and revocation of Business Permit
c) if the offense is committed by a minor, appropriate action shall be made in accordance with
the provision of RA 9344.
Section 9. - Acquisition and safe keep of the Sound Level Meter. - The City of Iloilo shall
procure the necessary SOUND LEVEL METER or any such other machine as maybe accepted by
DENR standards for measurement of noise levels in order to impose the ordinance. The same shall
be used by the CENRO in coordination with the Task Force on Moral and Values Fonnation of the
City Mayor and which shall be kept and maintained according to the rules and regulations of the Local
Gov'ernment Unit.
Section 10. - Separability Clause. - if any provision of this ordinance shall be declared invalid
or unconstitutional by appropriate court, other provisions hereof which are not aft'ected thereby shall
continue to be in full force and effect.
Section 11. - Repealing Clause. - This ordinance hereby repeals Regulation Ordinance No. 12,
Series of 1961, Ordinance No. 59, Series of 1964 and Ordinance No. 46, Series of 1979, and all other
ordinances inconsistent with the provisions herewith.

Section 12. - Effectivity Clause. - This ordinance shall take effect after ten (10) days from
publication in a loca1 newspaper of general circulation in Western Visayas.
I hereby certify to the correctness of the above quoted ordinance.

UTH H. ARROY.
Seer tary to the Sang
ATTESTED AND CERTIFIED
TO BE DULY ENACTED:

/natsP(JN 15-03-073

APPROVED: