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Understanding Nuisance Law and Remedies

This document defines and classifies nuisances under Philippine law. It notes that a nuisance is any act, business, condition, or other thing that injures health/safety, offends the senses, shocks decency, or obstructs public areas/property use. Nuisances are classified as public or private, and as nuisance per se or nuisance per accidens based on their nature and ability to be summarily abated. The attractive nuisance doctrine holds those who maintain attractive nuisances responsible for injuries to children, even if trespassing. Remedies include prosecution, civil suits, or abatement without court proceedings. Lapse of time cannot legalize a nuisance. Health officers determine appropriate remedies and private parties

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34 views15 pages

Understanding Nuisance Law and Remedies

This document defines and classifies nuisances under Philippine law. It notes that a nuisance is any act, business, condition, or other thing that injures health/safety, offends the senses, shocks decency, or obstructs public areas/property use. Nuisances are classified as public or private, and as nuisance per se or nuisance per accidens based on their nature and ability to be summarily abated. The attractive nuisance doctrine holds those who maintain attractive nuisances responsible for injuries to children, even if trespassing. Remedies include prosecution, civil suits, or abatement without court proceedings. Lapse of time cannot legalize a nuisance. Health officers determine appropriate remedies and private parties

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Nīc Cādīgāl
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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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Nuisance

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


condition of property, or anything else 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.
Classifications of Nuisance
A nuisance is classified in two ways:

(1) according to its susceptibility to summary abatement;


(2) according to the object it affects.
According to its susceptibility to summary
abatement

Nuisance Per
Se
Nuisance
Nuisance
per Accidens
According to the object it affects

Public
Nuisance
Private
ATTRACTIVE NUISANCE DOCTRINE
Doctrine: One who maintains on his estate or premises an attractive
nuisance without exercising due care to prevent children from playing
therewith or resorting thereto, is liable to a child of tender years who is
injured thereby even if the child is technically a trespasser in the
premises

Basis of liability: the attractiveness is an invitation to children


remedies against remedies against
a public a private
nuisance nuisance

(1) A prosecution under


the Penal Code or any (1) A civil action; or
local ordinance: or (2) Abatement, without
(2) A civil action; or judicial proceedings.
(3) Abatement, without
judicial proceedings.
Art. 697. The abatement of a nuisance does not preclude the
right of any person injured to recover damages for its past
existence.

(Bengzon v Province of Pangasinan)


Art. 698. Lapse of time cannot legalize any nuisance,
whether public or private. (imprescriptible)
Art. 700. The district health officer shall take care
that one or all of the remedies against a public
nuisance are availed of.

(Sitchon v Aquino)
Art. 702. The district health officer shall determine whether
or not abatement, without judicial proceedings, is the best
remedy against a public nuisance.

(Timoner v People of the Phil)


Art. 703. A private person may file an action on
account of a public nuisance, if it is especially
injurious to himself.

(Velasco v Manila Electric)


Art. 704. Any private person may abate a public nuisance which is especially injurious
to him by removing, or if necessary, by destroying the thing which
constitutes the same, without committing a breach of the peace, or doing
unnecessary injury.

But it is necessary:

(1) That demand be first made upon the owner or possessor of the property to abate
the nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the district health officer and executed with
the assistance of the local police; and
(4) That the value of the destruction does not exceed three thousand pesos.

(Cruz v Pandacan Hikers)


END

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