I RECEIVED a call from a friend asking for legal advice regarding the disturbance he was experiencing in his place.
According to him, there was a karaoke session a few meters from his house. The off-key singing of the people made others mad. Some of them already complained to the barangay chairman.
Of course, there is no reason to get used to living with this kind of situation. My friend asked how they could stop this disturbance.
This is considered a nuisance. A nuisance is either a person, a thing or circumstance causing inconvenience or annoyance.
Article 694 of the New Civil Code (NCC) of the Philippines defines nuisance as “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.”
However, to avail one’s self the exact remedy one must distinguish what kind of nuisance it is.
A nuisance is either per se or per accidens.
A nuisance per se is recognized as a nuisance under any and all circumstances because it constitutes a direct menace to public health or safety.
On the other hand, a nuisance per accidens must be proven a nuisance in a hearing conducted for a purpose.
Article 695 of the NCC states that “nuisance is either public or private.” A nuisance may also be classified in this category. 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.
A person may summarily abate the public nuisance. However, it is necessary that: (a) demand is first made upon the owner or possessor of the property to abate the nuisance; (b) the owner or possessor refuses to comply with such demand; (c) abatement is approved by the district health officer and executed with the assistance of the local police; and (d) the value of the destruction does not exceed P3,000.
A private person aggrieved by a public nuisance has the following remedies: (a) prosecution under the Penal Code or any local ordinance; (b) civil action; or (c) abatement of the public nuisance, without judicial proceedings.
A person aggrieved by a private nuisance may file a civil action or cause the summary abatement thereof. The same rules for the summary abatement of a public nuisance are applicable to the abatement of a private nuisance.
Applying the above-mentioned provisions, the situation of my friend is not considered a public nuisance or nuisance per se, but nuisance per accidens. The karaoke session is not considered a public nuisance even though it can somehow affect the community or the people themselves because it does not have immediate effect upon the safety of persons and property. The karaoke session is for entertainment purposes and cannot be abated without a benefit of a court hearing.
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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
