GAMBOA, JOELYN MARIE G.

SLIDE 1) TITLE SLIDE

SLIDE 2) Nuisance, according to Art. 694 of the Civil Code of the Philippines, 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.”

SLIDE 3) In addition to the definition cited, the law also provides that nuisance is either a public or
private nuisance.

It is considered a public nuisance if it affects a community, neighborhood or any

considerable number of persons; otherwise, it is a private nuisance (Art. 695, Civil Code of
the Philippines).

SLIDE 4) To get rid of such nuisance, the remedies available to the complainant are:
(1) A prosecution under the Penal Code or any local ordinance: or
(2) A civil action; or
(3) Abatement, without judicial proceedings.

SLIDE 5) It is worthy to note that law provides that the lapse of time cannot legalize any nuisance
(Art 698, Ibid). Therefore, assuming that a certain piggery is indeed a nuisance,
complaints may be justified notwithstanding the previous years of operation of that
piggery.

This is further supported by a specific provision of the law allowing individual persons, to
file a complaint over the alleged nuisance, which states:

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

SLIDE 6) However, it is upon the district health officer to determine whether a piggery is a
nuisance, and whether there is a necessity for its abatement (Art 702, Ibid). A person
cannot on his/her own abate a perceived nuisance since it is required that there should
be prior approval from the district health officer and it must be executed with the
assistance from the local police (Art. 704, Ibid).

SLIDE 7) Thus, a person must first follow the procedures set by law in the determination and
abatement of the alleged nuisance before he/she proceeds with further actions against a
nuissance.

Should a person act on his own to abate a perceived nuisance, he may be held liable for
damages if he causes unnecessary injuries or if it is later ruled by the courts that there is
no real nuisance (Art 707, Ibid).