Arta. 613-609 PROPERTY, OWNERSHIP AND ITSM ‘Easements or Servitudes oPIFcaTions (©) Would your answer be different if, instea, ting off the protruding branches, B had cut off tha's°" Cut. the trees which penetrated into his land, with the <°°'® of sult that the trees stopped bearing fruit? Explain, “™* re. ANS: (a) B does not have the right to onthe branches that extend into his land. The rece Tor ene ta Aj still the owner of such fruits. A cursory reading of gut that relation to Art. 680 of the NCC will indicate the fag Tt 681 ig the only right which B has acquired is the right to deme °t ™oet, branches exter Tand be eut of athe of atthe the laws tle ily when they he a i, Tand that they become his by (b) When B cut offthe branches insofar as his land, A acquired a right to proceed agains NCC merely states that he has the right fo.demand1 off insofar as they may spread aver his land; it does not eay Bea ‘himself, has the right to cut them off. ee (©) It is different in the case of the roots. If such roots penetrated into his land, thien B would have a perfect right re them off. The law states pnatly that he'nay do sorte Necy they extended 680 ofthe 40. Who owns the fruits of a tree nattirally falling upon an adjacent estate? ANS: The owner of such adjacent estate. (Art. 681, NCC) 41. What is meant by the easements of lateral and sth. jacent support? ANS: These easements refer to those regulated by Arts. 684 to (686 of the NCC. Art. 684 provides that no proprietor shall make such ‘excavations upon his land as to deprive any adjacent land or buld- ing of sufficient lateral or subjacent support. According to the Re- statement of the Law on Torts (Vol. IV, p. 184.), support is lateral ‘when the supported and the supporting lands are divided by a ver- cal plane, and it is subjacent when the supporting land is beneath it 410 Title Vin NUISANCE (Arts. 694-797) pefine nuisances 1 j : rene any at ond we ney or anything else when sete business, o] jres or endangers the health or safety of oth 7 ‘i ae or offends the senses; or ver @ Shocks, defies or disregards decency or a or interferes with the free a ratreet, oF any body of water; gr sf® AY Pub- 6) [Binders or impair the use of propery Art gay, Nc) 2, Classify nuisances, Define each of them, ANS: Nuisances may be classified as follows: () Astonature,Ruisances may be clasfed as nuisance sani msance per accdens. Nuisance per nee ee sci cas Sle para tsi and surroundings. Nuisance per andar ee which sieconsiered a nuisance by reason of circumstances, cation »‘Arta. 604-707 PROPERTY, OWNESSESS AND ITS MODIFICATIONS 3. Distinguish between @ public and a prj sance. ae |ANS: The 2 may be distinguished from each other; lowing ways the fa, (1) Apublic nuisance affects a community or ne > eighborhogg oe isang, any considerable number of persons, whereas a Seis only «person or amall numberof persons aa? (2) Theremedies against a public nuisance are crim; ecution, civil action, or abatement without judiciel enn’! Pos. whereas the remedies against a private nuisance areas, and abatement without judicial proceedings, Vil action 4 What are the remedies against a public nuisanegy ANS: The remedies against a public nuisance are: (1) A prosecution under the Penal Code or pa any Loca or 2) Advil action; or (3) Abatement, without judicial proceedings. (Art, 699, Noo 5. What are the remedies against a private nuisanog? ANS: The remedies against a private nuisance are: (DA vil action; or (2) Abatement, without judicial proceedings. Art. 705, Ncc) 6. From the Meralco’s substation in Quezon City ema. nates an unceasing sound, which, according to Dr. Velasco, who is residing in the adjoining lot, disturbed his concentra. tion and sleep, impaired his health and lowered the value of his property. Wherefore, he brought an action against the Meralco for abatement of the nuisance and for damages. He based the action on Arts. 694, Nos. 1 and 2, and 2202 of the NCC. Quantitative intensity measurements made show that normal sound levels in the locality range from 40 to 50 deci bels, while in the areas immediately adjoining the subita: tion, they range from 66 to 76 decibels. Will the action'pros per? Reasons. (1977, 1980) 412 i PR Arte. 684.797 ibove problem is _ actually, the above problem is based on ns ne 40 'SCRA 340-According tothe Supe, vs, Mo. crt “jgper. Our law on nuisances is of Am, Court, the ee wl Prities lary indicates th ale tobe anit and ew genance OF disturbing noise or sound taal ie may consti santo ence. However, it must be a noi tute an 16 ae afort of ord Oise which affects inju. jonah t health or com! 'dinary people in the vicinity to an Person fara pecul a8 8] i ae eat of errre ‘nuisance. The test, therefor ig pel render the B08 20 ealth or of comfort are so injurously wreern ees sro ction that the sulerer is subjected to one by the so20i2 @2eaxonable limit imposed upon him by the omer pond 2 Folding property, in a particular locality in fact denne Yeas. involve the emision of noise although dines fine it within reasonable bounds; or in the wer ienre istaken 8 “another owner who though creating moat of at ale regard forthe right of those alfeed by it the normal sound levels in the loality ran ‘ha, while those around the substation an spaecibels ange from 56 to 76 mand that the noise is partly a causative factor in thei seit lain, are supported by th evidence presented, horefire, defendant is hereby ordered to take appropri "tn tn Rye a wp 90 decibels and to pay to plaintiff P20,000 damages and 5,000 for some es. 7. What requisites must concur in order that a pri- sate person may summarily abate a nuisance? (1970) ANS: Whether public or private, the following ic ; requisites must ria order that a private person may summarily abate a nui- oh () Tt must be specially injurioy ee (2) No breach of it ae must be — _ Repti first be made upon the owner or posesor on 413 ee‘Axts, 694-707 PROPERTY, OWNERSHIP, AND ITS . MODIFICATIONS (4) ‘The demand-tias been rejected; (5) The abatement ig’approved-by the district, and executed with the assistance ofthe losal polices nea! Offa, ~@_ Thhvalue of the destruction does not exe 704, 706, NCC.) a my sal & What is the doctrine of “attractive Duisancer? ANS: The dotrine’of attractive muisance-may.he follows: “A person Who maintains in his premises a dan td ay strumentalty ofa charnetor which is attractive to chars oe years at play and who fails to exercise due diligence tone tnder children from playing therewith or resorting therete rah child who is injured thereby, even if the child is technically » toa passer.” tres. 9. Is a swimming pool ‘maintained in one’s an attractive nuisance, making the owner thereof ker? ‘any injury that may result from it? Reasons. tee ANS: According to the Supreme Court in the case of Hidalg, Enterprises vs. Balandan, 91 Phil. 488, any body of water, artic as well as natural, cannot, as a rule, be considered an attracie nuisance, in the absence of any unusual condit if ture thereof other than the mere water. This i has created streams, lakes and pools. Danger always lurks in such bodies of water. Children of tender years are aware of that. Conse. quently, when the swimming pool is merely a dupli it cannot be considered an attractive nuisan rif an unu. ~sual or-artificial: condition or feature will 4 to children of tender years, the doctrine of attractive nuisance would then be applicable, = BOOK II DIFFERENT MODES oF ACQUIRING OWNERSHIP GENERAL PRINCIPLES (Art. 712) 4, Define mode and title and distinguish between the 1 a 3: Mode of acquitihg ownership and other rea ri niet which oie to them as a result. ofthe oe ‘yal paial condition of things, ofthe capacity and iatenren ss , and of compliance, with the requisites prescribed by law, re ie refors to the juridical act which provides @ means ©: ion for the acquisition of ownership or any other rel right, but ‘thin itself i insuficent to produce it. Coneequently eat rely produces a real right, while title serves only to orodues puns of occasion for its acquisition. In other words, mode isthe cause, while title is the means. (3 Sanchez Roman 199.200) 2, Define real right (jus in re) and personal right (j ad rem) and distinguish between the 2, sash ANS: A real right is a right belonging to a person over a specific ‘hing, without a passive subject individually determined, against ‘whom such right may be personally enforced, while a personal right ‘aright belonging to a person to demand from another, as a defi- tile passive subject, the fulfillment of a prestation to give, to do or rs do. They may be distinguished from each other in the follow- ways: () As to parties — In a real right, the active subject is a te person, while the passive subject is the whole world; in a Perinal right, both active and passive subjects are definite persons. 415