Title VIII: NUISANCE 649.

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 2. Annoys or offends the senses 3. Shocks, defies or disregards decency or morality 4. Obstructs or interferes with the free passage of any public highway or street, or any body of water 5. Hinders or impairs the use of the property Nuiremeans to injure, hurt or harm o Annoyanceanything that works hurt, inconvenience or injury Nuisanceclass of wrongs which arises from the unreasonable, unwarrantable, or unlawful use by a person of his own property, and which produces such material annoyance, inconvenience, discomfort or hurt, that the law will presume a consequent damage o Nuisance is incapable of exact and exhaustive definition which will fit all cases, because the controlling facts are seldom alike and because of the wide range of subject matter embraced under the term Nuisance doctrineoperates as a restriction upon the right of the owner of property to make such use of it as he pleases Nuisance Trespass Consists of use of ones own property Direct infringement of anothers in such a manner as to cause injury to right of property the property or other right or interest of another and generally results from the commission of an act beyond the limits of the property affected No actual physical invasion of the plaintiffs property Encroachment upon the space about anothers land but not upon the land itself Injury is consequential Injury is direct and immediate Negligence is not an essential ingredient of a nuisance but to be liable for nuisance, there must be resulting injury to another in the enjoyment of his legal rights
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o Where the acts or omissions constituting negligence are the identical acts which, it is asserted, give rise to a cause of action for nuisance, the rules applicable to negligence will be applied Nuisance Liable for the resulting injury to others regardless of the degree of care or skill exercised to avoid the injury Violation of an absolute duty, the doing of an act which is wrongful in itself Negligence Liability is based on want of care

Violation of a relative duty, the failure to use the degree of care required under particular circumstances in connection with an act or omission which is not of itself wrongful

Damage is the necessary consequence of what the defendant is doing, or is incident to the business itself or the manner in which it is conducted Wrongful in itself because of the Creates liability because of want of injury caused regardless of the proper care resulting to anothers presence or absence of care injury

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. Public nuisancedoing of or the failure to do something that injuriously affects safety, health or morals of the public, or works some substantial annoyance, inconvenience, or injury to the public Private nuisanceone which violates only private rights and produces damage to but one or a few persons, and cannot be said to be public

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Public Nuisance Private Nuisance Affects the public at large or such of Affects the individual or a limited them as may come into contact with number of individuals only it indictable Actionable, either for their abatement or for damages, or both Mixed nuisancesboth public and private in character; examples a. House abutting on a street railway track is a private nuisance to the railway company and a public nuisance because it obstructs the street b. Raising and breeding animals for commercial purposes in a vicinity that is fast becoming a fashionable residential district c. Keeping or storage of gasoline may constitute a nuisance, either private or public o Whether or not it becomes a nuisance depends upon the location, the quantity, and other surrounding circumstances Doctrine of attractive nuisance: o Attractive nuisanceone 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 Generally is not applicable to bodies of water, artificial as well as natural in the absence of some unusual condition or artificial feature other than the mere water and its location Nuisance per seact, occupation, or structure which unquestionably is a nuisance at all times and under any circumstances, regardless of location or surroundings o A nuisance because of its inherent qualities, productive of injury or dangerous to life or property without regard to circumstance o Examples: a. A house of prostitution and gambling houses b. Houses constructed without governmental authority on public streets and river beds c. Any and all squatters on government resettlement projects Nuisance per accidensact, occupation, or structure, not a nuisance per se, but which may become a nuisance by reason of circumstances, location or surroundings
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Nuisance per se Nuisance per accidens Thing becomes a nuisance as a Depends upon its location and matter of law surroundings, manner of its conduct or other circumstances, and proof of the act and its consequences are necessary Affects immediate safety of Even the municipal authorities persons and property and may be would not have the right to compel summarily abated under the the abatement of a particular thing undefined law of necessity or act as a nuisance without reasonable notice to the person alleged to be maintaining or doing the same at the time and place of hearing before a tribunal authorized to decide whether such a thing or act does in law constitute a nuisance

696. 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. General Rule: only the creator of the nuisance is liable for the damage resulting therefrom Exception is this article 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 697. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. The action to abate nuisance and the action to recover damages are concurrent and not exclusive 698. Lapse of time cannot legalize any nuisance, whether public or private. General Rule: right to bring an action to abate a public or private nuisance is not extinguished by prescription
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Exception: easements are extinguished by obstruction and non-use for 10 years

699. The remedies against a public nuisance are: 1. A prosecution under the Penal Code or any local ordinance 2. A civil action 3. Abatement, without judicial proceedings Above remedies are not exclusive but cumulative The question of intent is immaterial in prosecutions for violation of a statute designed to prevent the recurrence of a public nuisance Lawfulness of a business is not a defense; nor estoppel a defense where the nuisance is illegal Abatement without proceedings: a. Police power of the State o Police power of the State includes the right to destroy or abate by a summary proceeding whatever may be regarded as a public nuisance, and in the exercise of this power, the legislature may, subject to constitutional limitations, declare what shall be deemed a nuisance and provide for its suspension b. Right to compensation o Property taken or destroyed for the purpose of abating a nuisance is not taken for public use, and there is no obligation to make compensation for such taking c. Need for abatement o One of the most serious hindrances to the enjoyment of life and property is a nuisance. Provisions for its abatement, both judicial and extrajudicial are, therefore, indispensable in a well-rounded Civil Code 700. The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. 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.

702. The district health officer shall determine whether or not abatement, without judicial proceedings, is the best remedy against a public nuisance. Remedy must be availed of only with the intervention of the district health officer Failure to observe Art. 702 is in itself a ground for the award of damages and this article does not empower the district health officer to abate a public nuisance to the exclusion of all other authorities Action for abatement of a public nuisance is commenced by the city of municipal mayor but a private person may also file an action if the public nuisance is especially injurious to him City of Manila, abatement of illegal constructions is expressly lodged in the City Engineer Under the National Building Code, Building Official is authorized when any building or structure is found or declared to be dangerous or ruinous, to order its repair, vacation or demolition depending upon the degree of danger Under Fire Code of the Philippines, fire hazards shall be abated immediately o Director General of the PNP, or his authorized representative may issue orders for such abatement 703. A private person may file an action on account of a public nuisance, if it is especially injurious to himself. To warrant a suit by an individual, there must be an invasion or violation of some private right, as distinguished from public right, which the plaintiff has in common with the rest of the public Injury need not be unique to the complaining party and the fact that many are injured does not make the nuisance such a common one as to exclude redress by a private individual 704. Any private person may abate a public nuisance which is especially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. But it is necessary: 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
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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 three thousand pesos Notice must be given to the person responsible before abating the nuisance, especially if it is necessary to enter upon his property in order to do so Purpose of notice: to give such person an opportunity to abate the nuisance himself Giving notice may be dispensed with if the danger to health, life, or property is imminent and the necessity of prompt removal of the nuisance is urgent 705. The remedies against a private nuisance are: 1. A civil action 2. Abatement, without judicial proceedings

TITLE IX REGISTRY OF PROPERTY 708. The Registry of Property has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over immovable property. PD 1529 (Property Registration Decree) governs registration of lands under the Torrens System as well as the recording of transactions relative to unregistered lands, including chattel mortgages of personal property o It codifies all laws relative to the registration of property Registrationany entry made in a book or public registry of deeds o Any entry made in the books of the Registry, including both registration in its ordinary and strict sense, and cancellation, annotation, and even the marginal notes To registerto enter in a register; to record formally and distinctly; to enroll; to enter in a list The Registry of Property in this article covers only immovable property Object of Registry of Propertyinscription or annotation of acts and contracts relating to the ownership and other real rights over immovable property and to give notice to parties dealing with property of its true status and protect them from secret transfers and encumbrances Purpose of Torrens System: o To quiet title to land and put a stop forever to any question as to the legality of the title, except claims that were noted in the certificate at the time of registration or that may arise subsequent thereto 709. The titles of ownership, or of other rights over immovable property, which are not duly inscribed or annotated in the Registry of Property shall not prejudice third persons. Effects of Registration: A. Operates as constructive notice to all persons o Certificate of titleabsolute and indefeasible evidence of ownership of the property in favor of the person whose name appears therein o Under rule of notice, it is presumed that the purchaser has examined every instrument of record affecting title to immovable property. Such presumption is irrefutable. He is charged with notice of every fact shown by the record and is presumed to know every fact which an examination of the record would have disclosed B. Does not validate or cure defective instrument
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706. Any person injured by a private nuisance may abate it by removing, or if necessary, by destroying the thing which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury. However, it is indispensable that the procedure for extrajudicial abatement of a public nuisance by a private person be followed.

707. A private person or a public official extra-judicially abating a nuisance shall be liable for damages: 1. If he causes unnecessary injury 2. If an alleged nuisance is later declared by the courts to be not a real nuisance This liability for damages provides a sort of deterrent against the unreasonable resort to the extrajudicial abatement of nuisance by unscrupulous parties and at the same time affords the victim a civil remedy to recover damages without prejudice to such other remedies granted by law

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o Where the instrument registered is invalid or legally defective, registration will not in any way render it valid or cure its defect, examples: 1. Forged deed 2. Fictitious or simulated deed 3. Donation does not show the donees acceptance and the proper notification thereof C. Cannot bind property where it is legally ineffectivewhere the law does not require a particular instrument to be registered, or if it does require, such registration was accomplished under the wrong system D. Does not vest title o Torrens Title does not furnish a shield for fraud o Registration does not vest title; it is not a mode of acquiring ownership; it is merely a species of notice It is merely evidence of such title over a particular property It does not give the holder any better title than what he actually has, particularly, where the registration was done in bad faith o Land registration courthas no jurisdiction over a parcel of land already covered by a certificate of title o Dealings with registered land: GR: a person dealing with registered land is only charged with notice of the burdens on the property which are noted on the certificate of title Issue of good faith or bad faith of buyer: relevant only when the subject of the sale is registered land but not where the property is an unregistered land o Void titlemay be the source of a valid title in the hands of an innocent purchaser for value o Innocent purchaser for valueone who buys the property of another without notice that same other person has a right to or interest in, such property and pays a full and fair price for the same at the time of such purchase, or before he has notice of the claims or interest of some other person in the property o Motion to intervene in a land registration case is not allowed A party wishing to be heard should ask for the lifting of the order of general default and then if lifted, file an opposition to the application for registration E. Under Act No. 3344 o Rule of first in time, first in right
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o Any registration made under this shall be understood to be without prejudice to a third party with a better right o Third party with a better rightone who acquired a right over the realty prior to others whether or not his right was registered Effect of lack of registration o Purpose of registration: merely to notify and protect the interests of strangers to a given transaction who may be ignorant o Non-registration of deed does not relieve the parties of their obligations thereunder o Registration is designed to prevent frauds and to permit and require the public to act with the presumption that recorded instruments exist and are genuine Prejudice to third personsinterested parties who have not registered, nor participated in the act, contract, or deed that was registered by another o Third persons here are not prejudiced by titles of ownerships or other real rights over immovable property which are not duly inscribed or annotated in the Registry of Property if they acted in good faith Third persons shall not be prejudicedinterested parties who base their right on a registered land o Third persons here are prejudiced where they had actual notice or knowledge of the act, contract, or deed affecting the registered title, before they acquired the right based thereon

710. The books in the Registry of Property shall be public for those who have a known interest in ascertaining the status of the immovables or real rights annotated or inscribed therein. Power of Register of Deeds as custodian of registry books o Power to make registration does not carry with it the power to prohibit Registry books of public nature 711. For determining what titles are subject to inscription or annotation, as well as the form, effects, and cancellation of inscriptions and annotations, the manner of keeping the books in the Registry, and the value of the entries contained in said books, the provisions of the Mortgage Law, the Land Registration Act, and other special laws shall govern.
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