Complaint Letter

May 23, 2018
Maria Ruth N. Jugao

City Government Department Head II
City ENRO
Butuan City
Madame:
Warm greetings! May we respectfully bring to your attention our complaint

regarding the noise and excessive dust pollution in our neighborhood caused by the
operation conducted by C’Zarles Construction and Supply immediately beside the
Cinderella Pines Subdivision located at Villa Kananga, Butuan City. For more than a
month now, they have operated from morning until late in the evening, and at times
even reaching the hour of 1 A.M.. The residents of the subdivision used to tolerate their
operations until recently when excessive dusts and soil are being accumulated in our
homes, including inside kitchen and bedrooms, thereby causing uncleanliness and
impairing the health of the residents.
Furthermore, at night, the residents cannot sleep very well because of the noise
from the heavy machinery. Children and senior citizens have begun also to be ill due to
the dusts. A resident visited the C’Zarles Construction and Supply office to ask if they
could refrain from operating further than 10 P.M., to which they have obliged.
The residents have contacted DPWH Hotline to which they replied that a Memo
has been sent to DPWH Butuan. As of present, no Memo was received by Czarles.
Upon reviewing the Memorandum of Agreement executed by DPWH –

CARAGA and C’Zarles Construction and Supply, we found that C’Zarles Construction
and Supply is obligated to submit certain documents in accordance with RA 9184 and
PD 1759. Upon consultation with a BAC Officer at DPWH CARAGA, he mentioned that
the Czarles construction project has not submitted all the required documents to
proceed with the construction. We, however, understand that their project has a
deadline, and their construction is imbued with public interest. We understand that we
cannot now force Czarles to relocate their operation, as it would cost them to go beyond
their deadline and incur additional expenses. But we think the manner in which they
operate are wrong in such a way that the surrounding neighborhood are being
impaired. An officer from Czarles reasoned out that their project will only last for
months anyway. But we cannot accept such reasoning. Months of being ill is
unconscionable. Imagine if it were your family who is to suffer months of excessive dusts and
noise.
The residents respectfully ask the CENRO to take proper action, as empowered by the
following provisions of SP ORDINANCE NO. 3617-2010, to wit:
A.
Section 11. Noise and Vibration. – It shall be the policy of the City to abate
noise pollution within its boundaries.
A. The City gives authority to the City CENRO to draw up standards and
guidelines in determining the tolerable level of noise and vibration caused by
the building, construction, installation, operation or activity by any person,
business establishment or vehicle in the City.
1. Prohibited Acts – the following acts are prohibited:
i. No person shall build, erect, construct, install or operate, modify or re-build

existing structures by any other means or cause to undertake any activity
which would result in the emission of noise that may result in an ambient
noise level greater than the standard as determined by the City ENRO.
B.
Article I. Policy
Section 1. Policy Direction. -The City shall strictly adhere to the policies,
guidelines and standards on air and air related concerns set forth in national
laws and international agreements. Towards this end, the City hereby sets to
address concerns over air and air quality within its territorial jurisdiction.
Specifically, the residents request that in order to prevent said impairments for
the remaining duration of your operations, the following must be done:
A. Prevent from operating heavy equipment at night, at the proper time
determined by CENRO.
B. Erect a wall of tarpaulin covering the entire length of the subdivision, or any
other means of preventing dust from invading our private homes, such as the
utilization of a water tank to prevent soil dust from being airborne.
Our alternative recourse would be to file a complaint for Nuisance, as provided

in the Civil Code, to wit:
Art. 694. A nuisance is any act, omission, establishment, business, condition

of property, or anything else which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or
street, or any body of water; or
(5) Hinders or impairs the use of property.
Art. 695. Nuisance is either public or private. A public nuisance affects a
community or neighborhood or any considerable number of persons,
although the extent of the annoyance, danger or damage upon individuals
may be unequal.
However, resort to the barangays and courts are tedious and perhaps even too
conflict-insensitive. Which is why proper action by CENRO is our primary goal.
For added information, the following are the specifications of the project this
letter is referring to:
DPWH PROJECT ID: 18ND0054 –

Rehabilitation/Reconstruction of Damaged Paved Roads
Along Butuan City- Malaybalay Road – K1240 + (995) –
K1240 + (535)
DATE: APRIL 3, 2018
We would love to extend any assistance to CENRO in the processing of this

complaint, and we are willing to peacefully converse with Czarles, or any authority.
CENRO may contact this number: 09985517089
In behalf of the residents of Cinderella Pines Subdivision, thank you very much
for taking your time to consider our concern. And thank you very much for making the
City Butuan a more prosperous city. Have a great day ahead of you always!
Very truly yours,
ALVIN U. PATERES
Resident of Cinderella Pines Subdivision

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May 23, 2018

Maria Ruth N. Jugao

Warm greetings! May we respectfully bring to your attention our complaint

Upon reviewing the Memorandum of Agreement executed by DPWH –

1. Prohibited Acts – the following acts are prohibited:

i. No person shall build, erect, construct, install or operate, modify or re-build

Our alternative recourse would be to file a complaint for Nuisance, as provided

Art. 694. A nuisance is any act, omission, establishment, business, condition

DPWH PROJECT ID: 18ND0054 –

DATE: APRIL 3, 2018

We would love to extend any assistance to CENRO in the processing of this

Very truly yours,

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