San Jose Anti-Noise Ordinance Faces Scrutiny Amid Weak Enforcement

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SAN JOSE, Occidental Mindoro — The implementation of a comprehensive anti-modified muffler ordinance in this municipality has come under fire, as residents decry the continued proliferation of noisy motorcycles despite steep penalties and clear enforcement guidelines.

Ordinance No. 955, series of 2022, authored by Councilor Joel G. Aguilar and unanimously enacted during the 17th Regular Session on November 29, 2022, specifically targets vehicles with exhaust systems exceeding 99 decibels. The measure was subsequently approved by the Sangguniang Panlalawigan through Resolution No. 18 on January 6, 2023.

Broadcast journalist and San Jose resident Mariboy Ysibido questioned the political will of enforcement agencies in a social media post that has sparked public discussion.

“The Traffic Management Office and PNP Traffic Division appear to lack the political will to implement this ordinance, given the current noise situation in San Jose from these modified mufflers,” Ysibido said in a Facebook post.

The ordinance prescribes stringent penalties: First offense: P1,500 fine, confiscation of modified/defective muffler, and vehicle impoundment; Second offense: P2,000 fine with similar confiscation and impoundment measures; and Third and subsequent offenses: P2,500 fine and possible imprisonment up to six months.

According to the ordinance, enforcement responsibilities are shared between the Traffic Management Office (TMO) under the Municipal Mayor and the Philippine National Police (PNP) Traffic Division.

Barangay officials are also authorized to implement the ordinance within their jurisdictions, with collected penalties accruing to their respective barangay funds.

The measure was enacted following documented nuisance complaints from residents, particularly those living near highways and major thoroughfares.

The ordinance cites that “startling noise emitted by motor vehicles with modified muffler not only cause hearing impairment or loss to the driver and nearby motorists or persons but also dominate traffic sounds such as traffic enforcer whistle and blowing of horns that can possibly cause accidents.”

For enforcement purposes, the ordinance mandates that inspection of suspected vehicles must be conducted through revolution of the motorized vehicle up to 2,000 rpm at least two meters away from the decibel meter.

The ordinance also prohibits manufacturing and selling aftermarket pipes without proper certification; removing factory-installed silencers; using sound boosters or similar noise-amplifying devices; creating frequent, repetitive loud sounds, except for car shows with mayor’s permission; and using defective mufflers.

The ordinance also cited Republic Act No. 386 (Civil Code) provisions on respecting others’ dignity and peace of mind.

Despite these comprehensive provisions and clear implementation guidelines, residents like Ysibido argue that the continued presence of vehicles with modified mufflers indicates a gap between legislation and enforcement, raising questions about the effectiveness of local traffic management measures.

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Romel “Direk” Ferriol Bernardo

Bernardo Creative Ventures, Inc., the company behind Direk Fuels, Oriental Mindoro’s homegrown gas station chain, and Direk Builders, which rents out heavy equipment, is expanding its portfolio by venturing into online media and content production.

The company’s entry into news media is not surprising, as its founder and CEO, Romel “Direk” Bernardo, was a television writer, producer, and director for over 15 years. From 2002 to 2007, he served as a researcher, writer, and producer for GMA-7’s top-rating show Imbestigador before becoming the executive producer for ABS-CBN’s award-winning documentary program, The Correspondents.

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