Stiffer Regulation on Commercial Videoke Bars and/or Relocation of these Establishments

This petition aims to be an eye opener for our local government units and concerned government agencies and their officials to take prompt and appropriate actions regarding this malignant social issue in our locality.

We demand to have a more stringent regulation in the operation of commercial videoke or KTV bars along the stretch of Baybay Blvd or better yet have them closed and relocated in someplace away from residential areas.

Below are some of the factual reasons for this appeal (in no particular order):

 According to a study by the World Health Organization (WHO), chronic exposure to noise has insidious effects to one’s health and well-being, adults and children alike. The same study suggests that thousands of people around the world may be dying prematurely and succumbing to disease as a result of this.

 Operation of these videoke bars until early morning endangers properties and lives of the people living within the proximity of Baybay Boulevard, as it is during these unholy hours of the night when most of the unpleasant and worrying episodes happen. It could be brought to our minds that in recent pasts there had been instances wherein some drunk customers, young and adults alike ignited brawls and fights which had caused not only injuries but unfortunately loss of life. Many of us have been witnesses ourselves to some untoward incidents happening inside and outside the premises of these establishments.

 Operation of these establishments until early morning also endangers their customers. Many of these customers go out from these bars in undoubtedly bad state of drunkenness which makes it unsafe for them to drive specially a motorcycle. We have to bear in mind that the motorcycle is the most common mode of transport their patrons use and tricycles are rarely in service during these hours of the night. It is appalling to note the probability of accidents which could cause severe injury or even death as most of them do not wear helmet. We have to remember that a significant number of Boronganons have already perished due to drunk driving a motorcycle.

 Sanitation has also been a problem as many of these drunken customers urinate, spit and throw trash everywhere. Some of them even throw up along the boulevard due to drunkenness.

 Baybay Blvd. is one of the tourist attractions in the city of Borongan and people of different ages mostly teenagers and young people including children frequent the place to find relaxation and enjoy the pacific breeze and stunning scenery of the bay. The area being declared as the freedom park of Borongan has been host to sporting events, recreational and other wholesome activities. It is a place where friends and students meet for chitchat, where parents and grandparents take their little ones for a walk, where employees unwind and enjoy some barbecues, where health buffs go jogging, where children run and play after a day at school; and it is a place where families get together in picnics. But come night time, this image of Baybay Boulevard transforms into something else, something contradictory. People who visit the boulevard, especially minors are exposed and could be tempted to the vices they see around which inevitably will have adverse effects on them, not to mention the moral adversity it may cause due to visible lewd and indecent activities going around in these establishments. GROs of some of these bars are so loud and wear very daring clothing which isn’t a nice scene to be seen by our young people especially minors.

 It is the right of every person to have a restful and good night sleep after a tiring day at work or school. For years now, we have been deprived of this right. Students cannot concentrate on their studies and homeworks every night; and barely get enough restful sleep because of these irresponsible and inconsiderate bar owners.

 These bars are literally a stone’s through away from St. Mary’s College, a catholic school for secondary and tertiary education. The school offers classes at night and undoubtedly, what’s happening outside the school’s premises are the complete opposite of the school’s moral teachings as well as their Mission and Vision.

We acknowledge that the owners and customers of these bars have their rights to operate such businesses and take time to relax and have enjoyment. But in the exercise of these rights, we have to take into consideration the responsibility it entails and the rights of other people. We have to remember that an individual’s rights stop where the rights of others begin. Respecting others’ rights is an essential key to camaraderie and living in a harmonious community. But sorry to say these bar owners have been making a lot of profit to the extent of disparaging the community they are in.

Below are some of the things we want done IMMEDIATELY:

1. Most of the edifices housing these videoke bars are made only of light materials hence loud and exasperating noise from them easily propagates the neighboring residential areas. The owners should be required to enclose their establishments with concrete structures and provide soundproofing materials. These will also ensure that passersby specially minors and students do not see nor hear any obnoxious and unpleasant activity inside these establishments.

2. If any of these establishments cannot comply with the above-mentioned rule, volume of their karaoke machines should be toned down once the clock hits 8pm to give students and pupils ample time to for their studies and homeworks before going to bed. Operation of these establishments should only be limited until 1am.

3. Owners of these establishments should be required to provide trash cans inside and around their premises and should be held responsible and liable for the cleanliness and sanitation of their surrounding area.

4. Require these bar owners to install functioning CCTV cameras around their establishments. If possible, require them to have security guard/s so that in case of a commotion, someone will readily and quickly respond to take control of the situation before it gets worse.

5. Deputize our Barangay Tanods to fill-in the lack in numbers of our police force. Have them conduct perambulation every 2 hours nightly especially in areas where these bars are situated. This will somehow pre-empt any circumstance that can be avoided. The tanods will also see to it that no minors are allowed entry to these places. Grant the Barangay tanods additional compensation for this supplementary obligation as far as the budgetary concern permits. If feasible, have these bar owners shoulder a portion of this compensation since this is for the sake of peace and order within their area and the security of their customers and business.

6. Or, a permanent and probably the best solution to this would be to close these bars and have them relocated someplace away from residential areas. We know this isn’t easy but if it is the most fitting solution, then so be it.

Additional costs for the implementation of the above-mentioned suggestions can definitely be shouldered by bar owners since they’re getting a lot of profit from their businesses. This is evident because most of their liquors and food items are overpriced and apparently they intentionally do not give out official receipts to their customers; sure enough, they do not pay the right amount of taxes to the government. We also suggest that their licenses and permits be checked if they really have these papers required for the operation of such businesses. And besides, if you’re into business, you should invest not just on your business but also for the common good of the community you belong to. Ever heard of social responsibility?

We strongly believe that the law is on our side and would agree on our recourse. Below are some provisions of the constitution that would justify our grounds.

Article 682 of Section 8 of the Civil Code of the Philippines stipulates that “Every building or piece of land is subject to the easement which prohibits the proprietor or possessor from committing nuisance through noise, jarring, offensive odor, smoke, heat, dust, water, glare and other causes.”

Also, Art. 155 of the Revised Penal Code states that “The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon: (3) Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace;”

RA 8749 or the Clean Air Act defines “Emission” as any measurable air contaminant, gas stream or unwanted sound from a known source which is passed into the atmosphere.

PD 1152 or the Philippine Environmental Code establishes the standards for acceptable noise levels for communities and noise-producing equipments.
Sec. 5 Community Noise Standards. Appropriate standards for community noise levels shall be established considering, among others, location, zoning and land use classification.

Sec. 6 Standards for Noise-Producing Equipment. There shall be established a standard for noise producing equipment such as construction equipment, transportation equipment, stationary engines, and electrical or electronic equipment and such similar equipment or contrivances. The standards shall set a limit on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare, considering among others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best available technology and the cost of compliance.

The Installation of any noise-producing equipment shall conform with the requirements of Presidential Decree No. 1096 and other applicable laws as well as their implementing rules and regulations.”

In this light, we, the undersigned residents of Barangay A and the city of Borongan alongside our concerned friends and relatives elsewhere, join as one and are in fervor of this crusade. We hope and pray that our honorable elected government officials, officials of concerned government agencies be enlightened and take a quick but comprehensive, concrete and apt response to this urgent clamor.