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    Civil Code Title VII - Nuisance

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    E.F.F
    This document discusses public and private nuisances under Philippine law. It defines what constitutes a nuisance and notes that nuisances can be public or private. For public nuisances, the district health officer can determine if abatement without court proceedings is sufficient, or a civil case can be filed. Private persons can also abate public nuisances that specially injure them if certain steps are followed. Private nuisances can be addressed through civil cases or abatement as well. Proper procedures must be followed for any extrajudicial abatement by private persons.

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    Civil Code Title VII - Nuisance

    Uploaded by

    E.F.F
    42 views1 page
    This document discusses public and private nuisances under Philippine law. It defines what constitutes a nuisance and notes that nuisances can be public or private. For public nuisances, the district health officer can determine if abatement without court proceedings is sufficient, or a civil case can be filed. Private persons can also abate public nuisances that specially injure them if certain steps are followed. Private nuisances can be addressed through civil cases or abatement as well. Proper procedures must be followed for any extrajudicial abatement by private persons.

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    This document discusses public and private nuisances under Philippine law. It defines what constitutes a nuisance and notes that nuisances can be public or private. For public nuisances, the district health officer can determine if abatement without court proceedings is sufficient, or a civil case can be filed. Private persons can also abate public nuisances that specially injure them if certain steps are followed. Private nuisances can be addressed through civil cases or abatement as well. Proper procedures must be followed for any extrajudicial abatement by private persons.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    42 views1 page

    Civil Code Title VII - Nuisance

    Uploaded by

    E.F.F
    This document discusses public and private nuisances under Philippine law. It defines what constitutes a nuisance and notes that nuisances can be public or private. For public nuisances, the district health officer can determine if abatement without court proceedings is sufficient, or a civil case can be filed. Private persons can also abate public nuisances that specially injure them if certain steps are followed. Private nuisances can be addressed through civil cases or abatement as well. Proper procedures must be followed for any extrajudicial abatement by private persons.

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    of 1

    TITLE VIII Article 702.

    The district health officer shall determine


    NUISANCE (n) whether or not abatement, without judicial
    proceedings, is the best remedy against a public
    Article 694. A nuisance is any act, omission, nuisance.
    establishment, business, condition of property, or
    anything else which: Article 703. A private person may file an action on
    account of a public nuisance, if it is specially injurious to
    (1) Injures or endangers the health or safety of others; himself.
    or
    Article 704. Any private person may abate a public
    (2) Annoys or offends the senses; or nuisance which is specially injurious to him by removing,
    or if necessary, by destroying the thing which
    (3) Shocks, defies or disregards decency or morality; or constitutes the same, without committing a breach of
    the peace, or doing unnecessary injury. But it is
    (4) Obstructs or interferes with the free passage of any necessary:
    public highway or street, or any body of water; or
    (1) That demand be first made upon the owner or
    (5) Hinders or impairs the use of property. possessor of the property to abate the nuisance;

    Article 695. Nuisance is either public or private. A public (2) That such demand has been rejected;
    nuisance affects a community or neighborhood or any
    considerable number of persons, although the extent of (3) That the abatement be approved by the district
    the annoyance, danger or damage upon individuals may health officer and executed with the assistance of the
    be unequal. A private nuisance is one that is not local police; and
    included in the foregoing definition.
    (4) That the value of the destruction does not exceed
    Article 696. Every successive owner or possessor of three thousand pesos.
    property who fails or refuses to abate a nuisance in that
    property started by a former owner or possessor is Article 705. The remedies against a private nuisance are:
    liable therefor in the same manner as the one who
    created it. (1) A civil action; or

    Article 697. The abatement of a nuisance does not (2) Abatement, without judicial proceedings.
    preclude the right of any person injured to recover
    damages for its past existence. Article 706. Any person injured by a private nuisance
    may abate it by removing, or if necessary, by destroying
    Article 698. Lapse of time cannot legalize any nuisance, the thing which constitutes the nuisance, without
    whether public or private. committing a breach of the peace or doing unnecessary
    injury. However, it is indispensable that the procedure
    Article 699. The remedies against a public nuisance are: for extrajudicial abatement of a public nuisance by a
    private person be followed.
    (1) A prosecution under the Penal Code or any local
    ordinance: or Article 707. A private person or a public official
    extrajudicially abating a nuisance shall be liable for
    (2) A civil action; or damages:

    (3) Abatement, without judicial proceedings. (1) If he causes unnecessary injury; or

    Article 700. The district health officer shall take care (2) If an alleged nuisance is later declared by the courts
    that one or all of the remedies against a public nuisance to be not a real nuisance.
    are availed of.

    Article 701. If a civil action is brought by reason of the


    maintenance of a public nuisance, such action shall be
    commenced by the city or municipal mayor.

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