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CIV - Property > Nuisance > Flashcards

Nuisance Flashcards

1
Q

What is a nuisance?

A

Art. 694, CC
A NUISANCE is any act, omission, establishment, 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 free passage of any public highway or street, or any body of water; or
  5. Hinders or impairs the use of property
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2
Q

Does a municipal body have the power to find as fact that a particular thing is nuisance?

A

NO.

A municipal body has the power to declare and abate nuisances. BUT it has no power to find as fact that a particular thing is a nuisance. The determination of whether or not a nuisance exists is a judicial function, because to declare something a nuisance is to deprive its use. [Iloilo Cold Storage v Mun. Council of Iloilo, G.R. No. L-7012 (1913)].

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3
Q

What is the power of a municipal body with regards to nuisances?

A

A municipal body has the power to declare and abate nuisances.

A municipal body has the power to declare and abate nuisances. BUT it has no power to find as fact that a particular thing is a nuisance. The determination of whether or not a nuisance exists is a judicial function, because to declare something a nuisance is to deprive its use. [Iloilo Cold Storage v Mun. Council of Iloilo, G.R. No. L-7012 (1913)].

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4
Q

What is the difference bet. Nuisance and Trespass?

A

Nuisance:
Use of one’s own
property in such a manner as to cause injury to the property or right or interest of another, and generally results from the commission of an act beyond the limits of the property affected.

Trespass:
Direct infringement of another’s right of property.

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5
Q

What is the difference bet. Nuisance and Trespass re. injury?

A

Nuisance:
Injury is consequential.

Trespass:
Injury is immediate.

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6
Q

What is the difference bet. Nuisance and Negligence ?

A

Nuisance:
Whether it was
unreasonable for the defendant to act as he did in view of the threatened danger or harm to one in plaintiff’s position.

Negligence:
Whether the defendant’s use of his property was unreasonable as to plaintiff, without regard to foreseeability of injury.

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7
Q

What is the difference bet. Nuisance and Negligence re liability?

A

Nuisance:
Liability for the resulting injury to others regardless of the degree of care or skill exercised to avoid such injury.

Negligence:
Liability is based on a want of proper care

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8
Q

What is the difference bet. Nuisance and Negligence re when principles ordinarily apply?

A

Nuisance:
Principles ordinarily
apply where the cause of action is for continuing harm caused by continuing or recurrent acts which cause discomfort or annoyance to plaintiff in the use of his property.

Negligence:
Principles ordinarily
apply where the cause of action is for harm resulting from one act which created an unreasonable risk of injury.

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9
Q

What are the classifications of Nuisance?

A

a. according to nature
- per se
- per accidens

b. according to scope of injurious effects
- public
- private

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10
Q

What is a Per se Nuisance?

A

An act, occupation or structure which is a nuisance at all times and under any circumstances, regardless of location or surroundings

The wrong is established by proof of the mere act. It becomes a nuisance as a matter of law.

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11
Q

What is an Per accidens Nuisance?

A

One that becomes a nuisance by reason of circumstances
and surroundings.

Proof of the act and its consequences are necessary.

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12
Q

What is the test in determining the scope of injurious effects of a nuisance?

A

Test: Not the number of persons annoyed but the possibility of annoyance to the public by the invasion of its rights – the fact that it is in a public place and annoying to all who come within its sphere.

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13
Q

What is the difference between a Nuisance per se and per accidens?

A

Per Se:
An act, occupation or structure which is a nuisance at all times and under any circumstances, regardless of location or surroundings

Per Accidens:
One that becomes a nuisance by reason of circumstances
and surroundings.

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14
Q

What are the types of nuisance according to the scope of injurious effects?

A

a. Public

b. Private

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15
Q

What is a Public Nuisance?

A

Nuisance that affects a community or neighborhood or any considerable number of persons [Art. 695, CC].

Public nuisances are indictable (person liable may be charged with a crime).

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16
Q

What is a Private Nuisance?

A

One which violates only private rights and produces damages to but one or a few specific persons.

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17
Q

What is the Doctrine of Attractive Nuissance?

A

One who maintains on his premises dangerous instrumentalities or appliances of a character likely to attract children in play, and who fails to exercise ordinary care to prevent children from playing therewith or resorting thereto, is liable to a child of tender years who is injured thereby, even if the child is technically a trespasser in the premises. [Jarco Marketing Corp. v. CA, G.R. No. 129792 (1999)]

18
Q

What is the Reason for the Doctrine of Attractive Nuissance?

A

Reason for doctrine: Although the danger is apparent to those of age, it is so enticing or alluring to children of tender years as to induce them to approach (Ibid).

Note: The attractive nuisance doctrine is generally not applicable to bodies of water in the absence of some unusual condition or artificial feature.

19
Q

Is a swimming pool an attractive nuissance?

A

NO.

A swimming pool is not an attractive nuisance, for while it is attractive, it is merely a duplication of a work of nature [Hidalgo Enterprises v. Balandan, G.R. L3422, (1952)]

20
Q

Who are liable in case of nuisance?

A

a. Person responsible for creating the nuisance

b. 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, CC]

– Provided that he knew of the nuisance.
– “To render the new owner or possessor liable, it is necessary that he has actual knowledge of the existence of the nuisance, and that it is within his power to abate the same.
– If he cannot physically abate the nuisance without legal action against another person, then he shall not be liable for such nuisance.

21
Q

What is the nature of the liability of those who participate in the creation or maintenance of a nuisance?

A

All persons who participate in the creation or maintenance of a nuisance are jointly and severally liable for the injury done.

If 2 or more persons who create or maintain the nuisance act entirely independent of one another, and without any community of interest, concert of action, or common design, each is liable only so far as his acts contribute to the injury.

22
Q

When is there solidary liability for causing a nuisance?

A

For solidary liability, there must be some joint or concurrent act or community of action or duty, or the several wrongful acts done at several times must have concurred in their effects as one single act to produce the injury complained of.

If there exists a common design, or some joint or concurrent act or community of action or duty, or several wrongful acts done at several times which have concurred in their effects as one single act to produce the injury complained of, liability is solidary

23
Q

Does abatement of a nuisance preclude the right to damages?

A

NO.

The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. [Art. 697, CC]

Abatement and damages are cumulative remedies.

24
Q

Is there prescription to abate a nuisance?

A

NO.

The action to abate a public or private nuisance is NOT extinguished by prescription. [Art. 1143(2), CC]

25
Q

Is there acquisitive prescription for the right to use of the property that creates such nuisance?

A

NO.

Lapse of time cannot legalize any nuisance [Art. 698, CC]

26
Q

What are the remedies against a public nuisance?

A
  1. Prosecution under the Penal Code or any local ordinance;
  2. A civil action; or
  3. Extrajudicial abatement
27
Q

What are the requirements for extrajudicial abatement of nuisance?

A
  • It must be reasonably and efficiently exercised
  • Means employed must not be unduly oppressive on individuals, and
  • No more injury must be done to the property or rights of individuals than is necessary to accomplish the abatement.
  • No right to compensation if property taken or destroyed is a nuisance.
28
Q

Is there a right to compensatoin for property taken or destroyed for the purpose of abating a nuisance?

A

NO.

Property taken or destroyed for the purpose of abating a nuisance is not taking for public use; thus, there is no obligation to make compensation for such taking.

29
Q

What power is exercised when there is extrajudicial abatement of nuisance by the State?

A

Police Power of the State

The police power of the State includes the right to destroy or abate by summary proceeding whatever may be regarded as a public nuisance

30
Q

What are the processes for extrajudicial abatement against public nuisance?

A
  1. The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. [Art. 700, CC]
  2. The district health officer shall determine whether or not abatement, without judicial proceedings, is the best remedy against a public nuisance. [Art. 702, CC]
31
Q

What are the processes for judicial abatement (through civil action) against public nuisance?

A

General Rule: 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. [Art. 701, CC]

Exception: A private person may file an action on account of a public nuisance if it is especially injurious to him. [Art. 703, CC]

32
Q

Who shall commence the civil action for the maintenance of a public nuisance?

A

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. [Art. 701, CC]

33
Q

What is the exception to the rule that the mayor shourld bring the civil against public nuisance?

A

Exception: A private person may file an action on account of a public nuisance if it is especially injurious to him. [Art. 703, CC]

34
Q

What is the rationale for the exception that a private person may file an action on account of a public nuisancd if it is injurious to him?

A

Rationale for Exception: An individual who has suffered some special damage different from that sustained by the general public may maintain a suit in equity for an injunction to abate it, or an action for damages which he has sustained. The action becomes a tort if an individual has suffered particular harm, in which case the nuisance is treated as a private nuisance with respect to such person.

35
Q

What are the requisites of the right of a private individual to bring a civil action to abate a public nuisance?

A

[Art. 704, CC]

  1. That 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; and
  4. That the value of the destruction does not exceed P3000.
36
Q

What are the rules in the right of private individuals to bring to civil action to abate a public nuisance?

A
  1. The right must be exercised only in cases of urgent or extreme necessity. The thing alleged to be a nuisance must be existing at the time that it was alleged to be a nuisance.
  2. A summary abatement must be resorted to within a reasonable time after knowledge of the nuisance is acquired or should have been acquired by the person entitled to abate.
  3. The person who has the right to abate must give reasonable notice of his intention to do so, and allow thereafter a reasonable time to enable the other to abate the nuisance himself.
  4. The means employed must be reasonable and for any unnecessary damage or force, the actor will be liable. The right to abate is not greater than the necessity of the case and is limited to the removal of only so much of the objectionable thing as actually causes the nuisance.
  5. The property must not be destroyed unless it is absolutely necessary to do so.
37
Q

What are private nuisance?

A

That which is not included in the definition of a public nuisance [Art. 695, CC]

38
Q

What are the remedies against a private nuisance?

A

[Art. 705, CC]

  1. A civil action; or
  2. Extrajudicial abatement
39
Q

What are the requisites for a valid extrajudicial abatement of private nuisance?

A

[Art. 706, CC]

a. The procedure for extrajudicial abatement of a public nuisance by a private person will also be followed. Note: see Municipal health officer under Art. 700 and Art. 702.
b. No breach of peace or doing unnecessary Injury.

40
Q

What are the liability for invalid extrajudicial abatement?

A

damages

whether private person or public official

41
Q

When is the person (whether private person or public official) extrajudicially abating a nuisance liable for damages?

A

He is liable for damages:

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

42
Q

What are the remedies of the owner of the property seized or destroyed to abate a nuisance?

A

A person whose property is seized or destroyed as a nuisance may resort to the courts to determine whether or not it was in fact a nuisance.

a. An action for replevin;
b. To enjoin the sale or destruction of the property;
c. An action for the proceeds of its sale and damages if it has been sold; or
d. To enjoin private parties from proceeding to abate a supposed nuisance.

CIV - Property (8 decks)

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