October __, 2018

TO: THE ADMINISTRATION

ADDHIYA FOUNDATION INC.
STA. MARIA, ZAMBOANGA CITY

THRU: HON. LOS ELI B. ANGELES

CHAIRMAN
STA. MARIA BARANGAY COUNCIL
ZAMBOANGA CITY

HON. NIETO G. FERNANDEZ

COMMITTEE HEAD
PEACE & ORDER COMMITTEE
STA. MARIA BARANGAY COUNCIL
ZAMBOANGA CITY

FROM: CONCERNED RESIDENTS OF BARANGAY STA. MARIA

COMPLAINT

This is a consolidated complaint of concerned residents of Barangay Sta. Maria, along

Main Road regarding certain conducts done by your institution, to wit;
1. Unnecessary noise at nighttime;

2. Open burning of solid waste disposals;

On the first matter of conduct concerned, herein complainants would like to stress that
fact that on almost a regular nightly basis, the students enrolled in the institution of the party
complained of herein have been boisterously making irrelevant and unnecessary noises which
have already caused too many sleepless nights and have resulted to a number of disturbances in
the residential community.
 This fact is therefore considered an offense punishable not only by local ordinances on
public noises and disturbances, but more specifically by the Revised Penal Code of the
Philippines, provided therein;

“ Art. 155. Alarms and Scandals –

(2) x x x . . . Any person who shall instigate or take an active part
in any charivari or other disorderly meeting offensive to another
or prejudicial to public tranquility. . x x x”

The above-cited provision clearly provides for when any person commits or performs an
act tantamount to “charivari” or in other words legally defined as “the making of noise” which is
offensive or otherwise disturbing to public tranquility, and is therefore punishable under the
Revised Penal Code for a penalty of arresto mayor, or a fine of not exceeding 200 pesos.
Further, it is most respectfully submitted that such an act also makes the person liable for
civil damages as provided;

“Art. 2176 of the New Civil Code of the Philippines

x x x . . . Whoever by act or omission causes damage to another, there
being fault or negligence, is obliged to pay for the damage done. . . x x x”

On the second contention, the herein-complainant/s respectfully submit that on many

occasions, the party complained herein has willfully, wittingly, and intentionally conducted
open-air burning of their solid waste disposals which causes detrimental effects not only to the
environment but more importantly to the residents surrounding their establishment.
In this regard, the herein-complainants deems it necessary to cite yet another violation of
the party complained herein, as provided under R.A No. 8749, otherwise known as “The Clean
Air Act of 1999”, which stipulate therein;

“SEC. 4. Recognition of Rights.

x x x . . . the following rights of citizens are hereby sought to be

recognized and the State shall seek to guarantee their enjoyment;

a) The right to breathe clean air;

 As well as a clear violation of R.A No. 9003, otherwise known as “Ecological Solid
Waste Management Act of 2000” which provides;

“ Art. 2, (p) –
x x x . . . hazardous waste shall refer to solid waste or combination of
solid waste which because of its quantity, concentration, or physical,
chemical or infectious characteristics may:
(1) cause, or significantly contribute to an increase in mortality or an
increase in serious irreversible, or incapacitating reversible, illness; or
(2) pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed of,
or otherwise managed;”

With the legal citations and statutory provisions provided above, the complainants most
respectfully appeal for the intervention of the Honorable Barangay Council of Sta. Maria,
through the Committee on Peace & Order, to conduct the necessary investigation regarding this
matter, to properly execute and implement the prevailing law, issue and order sanctions should
it be necessary, and that measures to assure that these are faithfully complied with shall be done.
The complainants further pray for the respondents herein, specifically
The Administration of Addhiya Foundation Incorporated to comply with the existing laws of
the land, and to submit to the orders executed by the Honorable Barangay Council of Sta. Maria
in connection with the aforementioned complaints.

The complainant earnestly hopes for the decisive action of the Sta. Maria Barangay
Council on this complaint for the full resolution of this matter for a more peaceful-living
community in the barangay.

Thank you and more power!

Cc: Sta. Maria Barangay Council

The Addhiya Foundation Inc.