MIKAILA JULYANA DEOCARIZA, Broadcaster
ELIXR, a bar establishment, drew online complaints over noise and safety concerns from Bicol University (BU) students during its operations last March 20.
The establishment, initially located at Barangay 17, Ilawod, Legazpi City, announced its relocation to Barangay 3, Em’s Barrio, just days after announcing its closure.
However, students residing in the area expressed their frustrations online.
A comment on a post regarding the matter on the Facebook group Bicol University Student Forum stated that Em’s Barrio is a residential zone, which raised concerns over the suitability of the area for a bar establishment.
April Grace Maquiñana, a first-year Civil Engineering student, said that the bar’s opening night was both stressful and upsetting because it happened the night before their midterm examination for a major subject.
I could hear every beat of the music, and it continued until 3 a.m. Around 2 a.m., the noise got even worse with people riding their loud motorcycles through the neighborhood while shouting and making more noise than the bar itself,"
said Maquiñana.
According to the Nuisance Law of the Civil Code of the Philippines, 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.
In line with this, any excessive noise that disrupts the peace, health, and safety of neighbors is prohibited.
Maquiñana also added that she is concerned about the safety of the people around the area because bars can attract large crowds.
“Sometimes people who have been drinking can become rowdy or unpredictable. For students or residents who walk back to their [place] late at night, it can become uncomfy and unsafe,” she added.
Meanwhile, Xyvin Baytan, a third-year student from the Electrical Engineering Department, said that the noise has not been a concern for her.
Nonetheless, she still hopes for the bar management to handle its external environment, such as their customers’ noise and behaviors once they exit the premises, so as not to affect others in the area.
Jose T. Pispis, the barangay’s captain, said that the bar’s management did not coordinate with the barangay prior to its opening. According to him, the owners claimed that the operation was just a dry run.
On the contrary, ELIXR’s Facebook post last March 19 stated their comeback and reopening in their new location.
Additionally, Pispis also said that the bar has not yet secured a new business permit.
“Igwang business permit kaya lang naka-address sa Barangay 17,” he added, explaining that the permit has not yet been updated to reflect the residential area of Em’s Barrio, Barangay 3.
According to the Legazpi City Planning and Development Office, Em’s Barrio East is considered a residential area where bars and similar establishments are not permitted. They also added that a locational clearance is required before obtaining a business permit.
Meanwhile, Josefina Moratin from the city’s Business Permits and Licensing Office confirmed that the establishment has yet to secure this permit.
In another legal context, Section 147 of RA 7160, or the Local Government Code of 1991, mandates that businesses are required to secure permits from the local government before operating; otherwise, the government may impose fees and charges on them.
As of writing, the barangay continues to assess the situation while residents and students await further action from local authorities.
The Bicol Universitarian requested an interview with ELIXR, but the management declined.
