Noisy benefit dance haled to court
NOTHING’S too big or small for environmental lawyer Antonio Oposa.
From taking on errant local government units and illegal loggers, Oposa now trained his sights on organizers of the benefit dances held in his native Sta. Fe town in northern Cebu.
“What rendered this practice (benefit dances) objectionable is the fact that they employ the services of extremely loud sound systems,” he said in his complaint filed before the Cebu Provincial Prosecutors’ Office.
Named respondents were: Analie Tulid, Luzviminda Fariolen, and Merly Fariolen. Oposa also sued Junjun Ofiasca, owner of the MDJ Disco Mobile and sound system operators Nonoy Tumawan, Enzo Ofrel, and Bopboy Ofiasca.
Oposa, a resident of barangay Ocoy, Sta. Fe, said bailes or benefit dances have proliferated in their town since power was installed in the island in the 1990s.
He said the benefit dances were mostly attended by teenagers and minors who are exposed to the “unsavory side of nightlife through the deafeningly loud noise of rock music.”
Though they have the right to seek recreation, Oposa said the use of amplifier systems caused noise pollution in the area.
“For almost 20 years now, complainant and the others have long tolerated, endured and suffered the loud noises emitted by these amplified sound systems,” Oposa said.
He said he requested local officials and the police to address the issue. But Oposa said the problem persists to this day.
The complaint filed by Oposa before the prosecutors’ office will undergo preliminary investigation.
The respondents will be given a chance to submit counter-affidavits to refute the allegations.
Oposa, a recipient of the 2009 Ramon Magsaysay Awards made local legal history by winning a 10-year case against illegal loggers in the Supreme Court now known as the Oposa vs Facturan class suit.
In its ruling, the High Court acknowledged Oposa’s argument of inter-generation rights and responsibility as well as the people’s constitutional right live in a healthy environment. The High Court eventually ordered government agencies to clean up Manila Bay. /Reporter Ador Vincent Mayol
