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Understanding Public Nuisance Law

The document defines and discusses public nuisance under Philippine law. It summarizes that (1) a public nuisance affects a community or neighborhood and hinders the use of property; (2) the complaint alleges that a parcel of land reserved for public use is being occupied by private respondents, preventing construction of a municipal gymnasium and endangering government appropriations; and (3) remedies for public nuisance include criminal prosecution, civil action, or abatement without court proceedings.

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Ryan Acosta
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147 views1 page

Understanding Public Nuisance Law

The document defines and discusses public nuisance under Philippine law. It summarizes that (1) a public nuisance affects a community or neighborhood and hinders the use of property; (2) the complaint alleges that a parcel of land reserved for public use is being occupied by private respondents, preventing construction of a municipal gymnasium and endangering government appropriations; and (3) remedies for public nuisance include criminal prosecution, civil action, or abatement without court proceedings.

Uploaded by

Ryan Acosta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Article 697: Abatement of Nuisance: Discusses the legal process and actions that can be taken to halt or remove nuisances.
  • Article 695: Types of Nuisance: Distinguishes between public and private nuisances, and describes community impacts and legal considerations.
  • Article 699: Remedies against Nuisance: Outlines the legal remedies available, including abatement, civil actions, and criminal prosecution.
  • Article 694: Definition of Nuisance: Defines what constitutes a nuisance under the Civil Code, including acts or conditions detrimental to individuals or the public.

Public Nuisance

Article 694 of the Civil Code defines nuisance as follows:

Art. 694. A nuisance is any act, omission, establishment, business, condition of


property or anything else which:

(5) Hinders or impairs the use of property.

Article 695 provides:

Art. 695 Nuisance is either public or private. A public nuisance affects a community
or neighborhood or any considerable number of persons, although the extent of the
annoyance, danger or damage upon individuals may be unequal. . . .

the complaint alleges factual circumstances of a complaint for abatement of public nuisance. Thus,
the complaint states: that petitioner municipality is the owner of a parcel of land covered by
Presidential Proclamation No 365 which is reserved for a public plaza; that the private respondents
by virtue of a contract of lease entered into by the former mayor occupied a portion of the parcel of
land constructing buildings thereon; that the private respondents refused to vacate the premises
despite demands; that the municipality is constructing a municipal gymnasium in the area financed
by appropriations provided by the national government; and that the appropriations are in danger of
being reverted to the national treasury because the construction had to be stopped in view of the
refusal of the private respondents to vacate the area.

Article 699 of the Civil Code provides for the following remedies against a public nuisance:

(1) A prosecution under the Penal Code or any local ordinance; or

(2) A civil action; or

(3) Abatement, without judicial proceedings.

Judge Tamin v. CA, G.R. No. 97477. May 8, 1992.]

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