NUISANCE Art. 704.
Any private person may abate a public nuisance which is specially injurious to him by
removing, or if necessary, by destroying the thing which constitutes the same, without committing a
Art. 694. A nuisance is any act, omission, establishment, business, condition of property, or anything breach of the peace, or doing unnecessary injury. But it is necessary:
else which:
1. That demand be first made upon the owner or possessor of the property to abate the
1. Injures or endangers the health or safety of others; or nuisance;
2. Annoys or offends the senses; or 2. That such demand has been rejected;
3. Shocks, defies or disregards decency or morality; or 3. That the abatement be approved by the district health officer and executed with the
4. Obstructs or interferes with the free passage of any public highway or street, or any body assistance of the local police; and
of water; or 4. That the value of the destruction does not exceed Three thousand pesos (P3,000).
5. Hinders or impairs the use of property.
Art. 705. The remedies against a private nuisance are:
A nuisance is classified in two ways:
1. According to the object it affects; or 1. A civil action; or
2. According to its susceptibility to summary abatement. 2. Abatement, without judicial proceedings.
In order for a private nuisance suit to prosper, the plaintiff must be able to prove two things: Art. 707. A private person or a public official extrajudicially abating a nuisance shall be liable for
1. that there was damage to the property; and damages:
2. the interference is either:
1. If he causes unnecessary injury; or
a. Intentional and unreasonable; or
2. If an alleged nuisance is later declared by the courts to be not a real nuisance.
b. Unintentional and otherwise negligent or reckless conduct; or
c. Resulting in abnormally dangerous activities in an inappropriate place.
Damage may be proved in one of two ways:
1. By proving physical damage to the property (otherwise known as “tangible nuisance”); or
2. By proving personal discomfort (loss of amenity) in the claimant’s use of the premises
(otherwise known as “intangible nuisance”).
Substantial, Intentional and Unreasonable Interference
After proving that there is damage to the property, the plaintiff is likewise required to prove that
the interference with the private use and enjoyment of another’s land is either:
a. Intentional and unreasonable; or
b. Unintentional and otherwise negligent or reckless conduct; or
c. Resulting in abnormally dangerous activities in an inappropriate place.34 Interference is
intentional when the actor knows or should know that the conduct is causing a substantial
and unreasonable interference.
In determining what is reasonable interference, the following factors are generally considered:
1. The locality of the plaintiff because inhabitants of industrial areas must expect more
interference;
2. He extent of the interference (even in industrial areas, there are limits); and
3. The time of day (a continuous loud noise made during the middle of the night, for example,
is considered less acceptable than the same during the day.
a nuisance is classified either:
1. Nuisance per se (or nuisance at law) and
2. Nuisance per accidens (or nuisance in fact)
Art. 699. The remedies against a public nuisance are:
1. A prosecution under the Penal Code or any local ordinance; or
2. A civil action; or
3. Abatement, without judicial proceedings.
NUISANCE NEGLIGENCE
While nuisance is a tort, it differs, however, from negligence. It has been held that the legal basis of
liability for nuisance is not negligence but the resulting injury to others regardless of the degree of care
or skill exercised to avoid such injury.
A person who creates or maintains a nuisance is Liability for negligence is based on want of a
liable for the resulting injury to others regardless proper care
of the degree of care or skill exercised to avoid
such injury
However, a nuisance may be and frequently is the consequence of negligence, or the same acts or
omissions which constitute negligence may give rise to a nuisance.
PRIVATE NUISANCE TRESPASS
An interference with his use and enjoyment of it An invasion of the plaintiff’s interest in the
exclusive possession of his land
Consists of a use of one’s own property in such a A direct infringement of another’s right of
manner as to cause injury to the property or other property.
right or interest of another and generally results
from the commission of an act beyond the limits
of the property affected
where there is no actual physical invasion of the plaintiff’s property, the cause of action is for nuisance
rather than trespass
typically not clear or strict typically clear and strict
to protect the use and enjoyment of land to protect the interest in possession of land
Nuisance per se Nuisance per accidens
injury in some form is certain to be inflicted uncertain or contingent until it actually occurs
whether the nuisance has become dangerous at all
times and under all circumstances to life, health,
or property
Examples of nuisances per se are those which are
prohibited by law, such as houses of ill fame (or
prostitution) and gambling houses.
These activities are nuisances per se regardless of
their location or surroundings.
