nuisance (a-c krissa part)

7/29/2019 NUISANCE (a-c Krissa Part)

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NUISANCE

Letters A-C

NUISANCE

CONCEPT AND DEFINITION(s)

Nuisance is a flexible area of the law that is adaptable to a wide variety of factual situations

because the term nuisance itself is incapable of an exact and exhaustive definition which fit

all cases, because the controlling facts are seldom alike, and each case stands on its own

footing.

The word nuisance is derived from the French word nuirewhich means to injure, hurt

or harm. Literally therefore, it means annoyance, anything that works hurt or injury.

It is so broad that it covers anything that unlawfully works hurt, inconvenience or damage.

That class of wrongs that arise from the unreasonable, unwarrantable, unlawful use by aperson of his property, either real or personal, or from his own improper, indecent or

unlawful personal conduct, working an obstruction of or injury to the right of another or of

the public, ad producing such material annoyance, inconvenience, discomfort, or hurt that

the law will presume resulting damage

(Elmer T. Rabuya, Property, 2011)

WHAT THE LAW SAYS

Article 694, NCC

Any act, omission, establishment, business, 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 the free passage of any public highway or street, or any

body of water; or

(5)Hinders or impairs the use of propertyand Sections 84 and 85 of Pres. Decree 856

CHAPTER XIX NUISANCES AND OFFENSIVE TRADES AND OCCUPATIONS

Section 84. Definition of Terms As used in this Chapter, the following terms shall mean and

include:

(a) Nuisance anything that injures health, endangers life, offends the senses or produces

discomfort to the community.


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(b) Offensive trades or occupations These are the following:

1. Soap boiling;

2. Guts cleaning;

3. Boiling of offal, bones, fat or lard; (Permissible if process is performed in a public

slaughterhouse under prescribed regulations.)

4. Manufacturing of glue or fertilizer;5. Skin curing;

6. Scrap processing;

7. Manure storing;

8. Lime burning;

9. Lye making; and

10. Any manufacturing process in which lead, arsenic, mercury, phosphorous, or other

poisonous substance is used.

Section 85. Types of Nuisances For the purpose of this Chapter, the following shall be

considered nuisances:

(a) Public or private premises maintained and used in a manner injurious to health;

(b) Breeding places and harborages of vermin;

(c) Animals and their carcasses which are injurious to health;

(d) Accumulation of refuse;

(e) Noxious matter or waste water discharged improperly in streets;

(f) Animals stockage maintained in a manner injurious to health;

(g) Excessive noise; and

(h) Illegal shanties in public or private properties.

NUISANCE AND TORTCorrelation with some Civil Law Topics

The imposition of strict liability

According to American Scholars or Law Emissaries specializing on the law of torts, Fowler

Vincent Harper and Fleming James, Jr

Nuisance has remained an isolated island of liability without fault and courts have

resorted to nuisance terminology to impose liability when prompted by policy

considerations emerging from the idea of the inviolability of private property rights,

enterprises involving high risks, and the notion that expanding industry with its

high profits should make good for loss caused to innocent bystanders in the role of

nearby property owners.

In connection with Article 431 of the Civil Code (on Property)

Article 431, NCC

The owner of a thing cannot make use thereof in such a manner as to injure the rights of a

third person.


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The law on nuisance is a restriction or limitation upon ownership and amanifestation of the principle that every person should so use his property as not to

cause damage or injury to others.

LIKEWISE

Easement Against Nuisance

The NCC makes the protection against nuisance

Article 682, NCC

Every building or piece of land is subject to the easement which prohibits the proprietor or

possessor from committing nuisance through noise, jarring, offensive odor, smoke, heat,

dust, water, glare and other causes.

Reason for prohibiting a nuisanceA nuisance is that which, among others, annoys or offends the senses and it should

therefore be prohibited.

Easement is created by law and is inherent in every land. It is a proper limitation onownership, as easements of distances, and light and view. It is a manifestation of the

principle that every person should so use his property as not to cause damage or

injury to others. (Report of Code Commission, p. 51)

Distinguished from Negligence

Liability for negligence is based on want of a proper care, while, ordinarily, a person who

creates or maintains a nuisance is liable for the resulting injury to others regardless of the

degree of care or skill exercised to avoid such injury.

NUISANCE vs. ATTRACTIVE NUISANCE Nuisance is, by its very nature, harmful to the community or certain kinds ofpersons.

Attractive Nuisance is considered only as nuisance because it attracts certain kinds

of persons.

KINDS of NUISANCE

Art. 695, NCC

Nuisance is either public or private. A public nuisance affects a community or neighborhood

or any considerable number of persons, although the extent of the annoyance, danger ordamage upon individuals may be unequal. A private nuisance is one that is not included in

the foregoing definition.

Public Nuisance

An unlawful act or omission to discharge a legal duty, which act or omissionendangers the lives, safetsy, health, property, or comfort of the public, or by which


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the public is obstructed in the exercise or enjoyment of any right common to all

(English Definition)

The doing or failure to do something that injuriously affects safety, health, ormorals of the public, or works of some substantial annoyance, inconvenience, or

injury to the public, and as a nuisance which causes hurt, inconvenience, or damage

to the public generally, or such a part of the public as necessarily comes in contact

with it in the exercise of a public or common right (Judge Cezar S. Sangco,

Philippine Law on Torts and Damages, Volume 2, 1994)

Examples of Public Nuisance (to follow)

Private Nuisance

One which violates only private rights and produces damages to but one or a fewpersons, and cannot be said to be public

It affects only an individual or limited number of individuals It exist only where one is injured in relation to a right which he enjoys by reason of

his ownership of an interest in land, and to be an individual wrong arising from anunreasonable, unwarrantable, or unlawful use of ones property producing suchmaterial annoyance, inconvenience, discomfort, or hurt that the law will presume a

consequent damage.

Examples of Private Nuisance (to follow)

DISTINCTIONS: PUBLIC VS. PRIVATE NUISANCE

(1)Extent or Scope of its injurious effect. Public Nuisance affects the public at largeor such of them as may come in contact with it; Private Nuisance affects the

individual or a limited number of individuals only.

(2)Remedies available. Public Nuisance are indictable; whereas, private nuisances areactionable, either for their abatement or for damages, or both.However, Nuisance may still be both public and private in character

WHEN?

nuisance (a-c krissa part)

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