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Supreme Court Ruling on Nuisance Case

Ernest Rodriguez and other residents filed a lawsuit against Daytona Construction for operating a cement batching plant that was polluting the surrounding residential area. The residents claimed that cement dust and effluence from the plant killed plants and caused respiratory illnesses. While Daytona disputed the claims, the Supreme Court upheld the trial court's ruling, finding that the cement dust and other pollution from the plant's operations were injurious to residents' health and constituted a public nuisance. The construction company was held liable.

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41 views2 pages

Supreme Court Ruling on Nuisance Case

Ernest Rodriguez and other residents filed a lawsuit against Daytona Construction for operating a cement batching plant that was polluting the surrounding residential area. The residents claimed that cement dust and effluence from the plant killed plants and caused respiratory illnesses. While Daytona disputed the claims, the Supreme Court upheld the trial court's ruling, finding that the cement dust and other pollution from the plant's operations were injurious to residents' health and constituted a public nuisance. The construction company was held liable.

Uploaded by

fritz frances danielle
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Ernest Rodriguez, et. [Link]. Intermediate Appelate Court, et. al.

G.R. No. 74816 March 17, 1987

FACTS:

Ernesto Rodriguez and other residents of South Zuzuarregui


Avenue, Quezon City filed on December 16, 1980, an action for
abatement of a public nuisance with damages against Daytona
Construction and Development Corporation. Daytona has a
cement batching plant for the manufacture of road and building
concrete materials such as concrete aggregates. The residents
state that effluence and sediment of the plant has run over to the
adjacent lots. Cement dust has also caused pollution to the area.
The pollution has killed many of the resident’s plants. Also, their
health has been affected, many being affected with respiratory
diseases.

ISSUE:

Whether the Construction company is liable.

HELD:

Yes. Despite all the procedural ploys used by Daytona to


invalidate the decision of the Trial Court, the Supreme Court
upheld the decision of the Trial Court:
“From the uncontroverted evidence presented by the plaintiffs,
there is hardly any question that the cement dust coming from
the batching plant of the defendant corporation is injurious to the
health of the plaintiffs and other residents in the area. The noise,
the vibration, the smoke and the odor generated by the day and
night operation of the plant must indeed be causing them serious
discomfort and untold miseries. Its operation therefore violates
certain rights of the plaintiffs and causes them damage. It is thus
a nuisance and its abatement justified.”

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