Remedies against public nuisance
Dear PAO,
I noticed that our house was getting more flies than it used to. There was also a pungent smell outside our house throughout the day. It came to our knowledge that a new piggery was set up near our neighborhood, which was PROVEN TO HAVE CAUSED THE flIES and pungent smell. Is there any legal action I can take to stop such inconvenience?
Lisa
Dear Lisa,
Please be informed of the provisions of Articles 694, 695, and 699 of the New Civil Code of the Philippines, which state that:
“Article 694. A nuisance is 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 property.
“Article 695. 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 or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition.
“Article 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.”
As provided under the aforementioned provisions, a nuisance is any act, omission, establishment, business, condition of property, or anything else that injures or endangers the health or safety of others or annoys or offends the senses, among others. Moreover, a nuisance will be considered public when it affects a community, neighborhood, or any considerable number of people.
In your given scenario, the establishment of a piggery near your neighborhood, where residential buildings are situated, may be considered a form of public nuisance since the effects of establishing a piggery not only annoy the senses but may also be considered harmful to the health of the community or neighborhood in which you belong.
Regarding your question, the New Civil Code provides that the available remedies against a public nuisance could be a prosecution under the Revised Penal Code or any local ordinance, a civil action, or an abatement without judicial proceedings.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.