1. What is nuisance?
(“perwisyo”; “nakakainis”)
- Civil Code of the Philippines. Art. 694. A nuisance is any act, omission, establishment, business,
condition of property, or anything else which:
a. Injures or endangers the health or safety of others;
b. Annoys or offends the senses; TOUCH, SIGHT, HEARING, SMELL, & TASTE
c. Shocks, defies or disregards decency or morality;
d. Obstructs or interferes with the free passage of any pubic highway or street, or any body
of water;
e. Hinders or impairs the use of property
2. What are the acts which constitutes nuisance?
- 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. A private nuisance is one that is not included in the foregoing
definition.
- 2 types of nuisance:
1. Nuisance per se - always a nuisance
- recognized as a nuisance under any and all circumstances because it
constitutes a direct menace to public health or safety.
- includes prohibited gambling houses and brothels
2. Nuisance per accidens - a nuisance only because of the location or other circumstances
- must be proven as such in a hearing conducted for a purpose.
- a dam or fishpond may constitute a nuisance per accidens
3. Question: We have a neighbor who always invites his friends over to their house to drink - most of the
time; they drink outside of his house, and they are loud and crass. My other neighbors want this to stop
however, the man has a history of reacting violently when approached of this issue. How should we
handle this?
- The regular nature of the drinking session is a nuisance. Coupled with the time of day of the
drinking session may be considered a nuisance. Go to the barangay and ask assistance to abate the
situation.
4. What are the laws that protect homeowners from the acts of nuisance neighbors?
- If it is a public nuisance,
- a criminal charge may be filed under the RPC or any local ordinance;
- a civil action may be filed
- extrajudicial abatement, without judicial proceedings
- Before a person may summarily abate the public nuisance, it is necessary, however, that:
a) Demand was first made upon the owner or possessor of the property to abate the
nuisance;
b) The owner or possessor refused to comply with such demand;
c) Abatement was approved by the district health officer and executed with the assistance
of the local police;
d) Value of the destruction does not exceed Php 3,000.00
- If it is a private nuisance,
- a civil action
- extrajudicial abatement, without judicial proceedings
5. What legal remedies can homeowners do in extreme cases of nuisance acts?
- if it is a public nuisance,
- file a case to the BARANAGAY (primary jurisdiction), first
- health officer - if it injures or endangers the health or safety of others
- police officers - if it shocks, defies or disregards decency or morality
- if it is a private nuisance,
- extrajudicial abatement, without judicial proceedings
- a civil action to abate a private nuisance may be filed in court
6. Question: How about neighbors who use videoke at wee hours of the morning?
- 1. Pakiusapan
2. Go to barangay.
- Must be recurrent or regular in nature
- Offends the senses: HEARING
7. Question: Pungent smell emanating.
- If it offends the senses.
- Offends the senses: SMELL
8. Question: A neighbor has three dogs that are roaming freely in our neighborhood because they keep
leaving their gates open. Thankfully, the dogs have not bitten anyone - yet. However, they keep going
through our trash and make a [Link]’ve already addressed this issue to our neighbor and our
barangay. At first, they promised to keep their gates closed at all time but as time passed, they left the
gates open again and the dogs are once again free to steal our garbage. Is there any other way we can
resolve this?
- Dogs poses danger to safety, thus, a nuisance. Scattering of garbage, assault to the senses.
Private nuisance. 1) Barangay; 2) civil action - to managed the dogs
9. Question: Construction at the wee hours
- Nuisance are legitimate activities and are not nuisance per se. But if it goes outside the normal
working hours.
10. Question: We have a neighbor who dumped soil in a property near our house. We do not own that
property, our distant relative owns it, but we maintain its cleanliness as we are using it as a playground.
According to the neighbor, he sought permission from another relative of ours to dump the soil. When
my father saw what he was doing, my father informed our relative to tell him to stop dumping soil. At
first, he did not comply, but he stopped when my father got furious. I just want to know if my father can
file a case against this neighbor of ours.
- Dear PS,
Although a person may act according to his will and desire, such act should not contravene the
provisions of our laws, morals, public policy and good customs. If a persons act is injurious to another, he
may be held liable thereto. This does not only embrace felonious acts, but also includes acts that are
considered as nuisance. Under our law, a nuisance is that which “(1) injures or endangers the health or
safety of others; or (2) annoys or offends the senses; or (3) shocks, defies or disregards decency or
morality; or (4) obstructs or interferes with the free passage of any public highway or street, or any body
of water; or (5) hinders or impairs the use of property” (Article 694, New Civil Code of the Philippines).
Nuisance can either be public or private. Public nuisance affects a community or neighborhood or any
considerable number of persons, although the extent of annoyance, danger or damage upon individuals
may be unequal, while a private nuisance is one that is not included in the foregoing definition. (Article
695, Ibid.)
In the situation that you have presented, it appears that what you are dealing with is a private nuisance
given that the act of dumping soil in a property near your house done by your neighbor seems to affect
only your family, not your entire community or a considerable number of persons.
Under the law, a private nuisance may be remedied by, first, demanding against the person causing such
nuisance to stop or end the same. If he refuses to accede to the demand, the injured party must seek the
approval from the district health officer, who has jurisdiction over the place in order for the offending
party to remove or destroy the thing that constitutes the nuisance. Once approval is secured, seek the
assistance of the local police in making such abatement, provided that the removal or destruction of the
nuisance must be done without committing any breach of peace or doing unnecessary injury. If the
remedy of abatement aforementioned is not possible, a civil action to abate a private nuisance may be
filed in court. (Article 705 in relation to Article 706 and 704, Id.)
Applying the foregoing in your situation, you must first demand from your neighbor to remove the soil
that he dumped in the property near your house, if there is still any. If he fails to comply, secure approval
from your district health officer and assistance of the local police, if it is necessary, so that your family can
remove the same. In the alternative, a civil case for abatement may be filed if extra-judicial abatement is
not possible.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely
on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts
are changed or elaborated.
