Scribd
Upload
43 views1 page

Report Property 702,703,704

The document discusses remedies for public and private nuisances under Articles 702, 703, and 704 of the Civil Code. It summarizes two relevant court cases: 1) Sitchon vs Aquino establishes that the City Engineer determines abatement of illegal construction in Manila due to the city charter overriding the Civil Code. 2) Monteverde vs Generoso found that a provincial governor could not order destruction of obstructions without legal process, as municipalities have power to declare and prevent nuisances, but destruction requires observing due process if health is endangered or property depreciated.

Uploaded by

Dah Rin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
43 views1 page

Report Property 702,703,704

The document discusses remedies for public and private nuisances under Articles 702, 703, and 704 of the Civil Code. It summarizes two relevant court cases: 1) Sitchon vs Aquino establishes that the City Engineer determines abatement of illegal construction in Manila due to the city charter overriding the Civil Code. 2) Monteverde vs Generoso found that a provincial governor could not order destruction of obstructions without legal process, as municipalities have power to declare and prevent nuisances, but destruction requires observing due process if health is endangered or property depreciated.

Uploaded by

Dah Rin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Caniban, Darlene C.

Article 702, 703, 704

Who determines which remedy is best.


Article 702 The District Health Officer shall determine whether or not abatement,
without judicial proceedings, is the best remedy against a public nuisance.

Sitchon vs Aquino G.R. No. L-8191, February 27, 1956


There is a public nuisance.
In the City of Manila, the City Engineer is the official concerned regarding illegal
construction. By virtue of the Revised Charter of Manila, such duty was placed upon
him. Article 700 and 702 of the civil Code must yield to this provision because of the
principle that special provisions prevail over general ones.

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

Article 704
Requisites for Extrajudicial Abatement of a private person to a public nuisance
1. The 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
4. That the value of the destruction does not exceed 3, 000 pesos

Monteverde vs Generoso G.R. No. 28491, September 29, 1928


No law expressly empowers the provincial governor to order the removal of
obstructions and the destruction of nuisances in a navigable stream. On the
contrary, the law specifically grants to the municipal council the power by ordinance
or resolution to declare, prevent and abate nuisances. However, if the nuisance
endangers or impairs the health or depreciates property. The public health may be
conserved but only in a legal manner. Due process of law must be observed before
the citizens property or personal rights or liberty can be interfered with.
There is a private nuisance.
Destroyed summarily or by judicial proceeding depends if the property is of
great value. In this case, the dams and fishponds are not of trifling value cannot be
destroyed summarily.

You might also like