I. IN GENERAL A. DEFINITION: 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; or2. Annoys or offends the senses; or3. Shocks, defies or disregards decency or morality; or4. Obstructs or interferes with the free passage of any public highway or street, or

any body of water; or5. Hinders or impairs the use of property. (Art. 694)

B. CLASSIFICATION1. According to Persons Affected—

a. Public nuisance affects a community or neighborhood or any considerable number of persons (Art. 695)

– A nuisance may be considered public although the extent of the annoyance, danger or damage upon individuals may be unequal. (Art. 695)

b. Private nuisance is one that is not included in the definition of a public nuisance. (Art. 695)

2. According to Nature—

a. Nuisance per se— a nuisance under any and all circumstances, because it constitutes a direct menace to public healthy or safety, and, for that reason, may be abated summarily under the undefined law of necessity.

i. It may be abated by local ordinance or resolution.

ii. Examples: a rabid dog on the loose; contaminated meat; filthy restaurants; houses constructed on public streets and esteros.

b. Nuisance per accidens— its being a nuisance depends upon certain conditions and circumstances.

i. Since its existence is a question of fact, it can only be abated by judicial proceedings.

ii. Businesses or establishments which are normally legitimate cannot be considered nuisance per se; at most, they can be considered nuisance per accidens, depending on the circumstances. Examples: storage of copra in the quonset building; operation of ice factory; smoked fish factory; dam or a fishpond constructed in navigable rivers; gas station; terminals impeding the flow of traffic; motels.

C. LIABILITY FOR NUISANCE

1. Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefor in the same manner as the one who created it. (Art. 696)

2. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. (Art 697)

3. Lapse of time cannot legalize any nuisance, whether public or private (Art. 698)

II. REMEDIESA. PUBLIC NUISANCE

1. The remedies against a public nuisance are (Art. 699):

a. A prosecution under the Penal Code or any local ordinance; or

b. A civil action; or

c. Abatement, without judicial proceedings.

– Extrajudicial abatement is available only for nuisance per se. Nuisance per accidens can only be abated by judicial proceedings, because a court would still have to determine if it is really a nuisance taking into account the circumstance of the case.

2. Standinga. District health officer—shall take care that one or all of the remedies against a

public nuisance are availed of. (Art. 700)

– He shall determine whether or not abatement, without judicial proceedings, is the best remedy against a public nuisance (Art. 702)

b. City or municipal mayor—If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the mayor. (Art. 701)

c. Private person— may take the following remedies if a public nuisance is specially injurious to himself:

i. File an action; (Art. 703) or

ii. Abate the public nuisance by removing, or if necessary, by destroying the thing which constitutes the same. (Art. 704)

B. PRIVATE NUISANCE1. The remedies against a private nuisance are:

a. A civil action; or

b. Abatement, without judicial proceedings.

– Extrajudicial abatement is available only for nuisance per se. Nuisance per accidens can only be abated by judicial proceedings, because a court would still have to determine if it is really a nuisance taking into account the circumstance of the case.

2. Standing. Any person injured by a private nuisance may abate it by removing, or if necessary, by destroying the thing which constitutes the nuisance. (Art. 706)

C. LIMITATIONS1. The person abating a nuisance must not commit a breach of the peace or cause

unnecessary injury (Arts. 704 & 706)2. In extrajudicial abatement of a nuisance (whether public or private) by a private

person, it is necessary (Arts. 704 & 706)

a. That demand be first made upon the owner or possessor of the property to abate the nuisance;

b. That such demand has been rejected;

c. That the abatement be approved by the district health officer and executed with the assistance of the local police; and

d. That the value of the destruction does not exceed three thousand pesos.

3. A private person or a public official extrajudicially abating a nuisance shall be liable for damages:

a. If he causes unnecessary injury; orb. If an alleged nuisance is later declared by the courts to be not a real nuisance.

(Arts. 707)