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WONG (Frances)
(4) Obstructs or interferes with the free passage of any public highway
June 20, 2014 | Perlas-Bernabe | Nuisance or street, or any body of water; or
(5) Hinders or impairs the use of property.
Petitioner: Linda Rana
Respondent: Teresita Lee Wong, SPS. Shirley Lee Ong and Ruben Ang Ong Art. 695. Nuisance is either public or private. A public nuisance
Recit Ready: affects a community or neighborhood or any considerable number of
persons, although the extent of the annoyance, danger or damage upon
Sps. Wong and Sps. Ong are co-owners of a lot. Such lot is across the lots individuals may be unequal. A private nuisance is one that is not
of Sps. Uy and Sps. Rana. Subject road in this case runs between the said lots. included in the foregoing definition.
In 1997, Sps. Rana elevated and cemented a portion of the road that runs
between the Rana and Wong-Ong properties (subject portion) in order to level - Jurisprudence further classifies nuisances in relation to their legal
the said portion to their gate. Moreover, Sps. Rana likewise backfilled a susceptibility to summary abatement (corrective action without prior
portion (subject backfilling) of the perimeter fence separating the Rana and Uy judicial permission). In this regard, a nuisance may either be: a)
properties without erecting a retaining wall that would hold the weight of the nuisance per se (or one which affects the immediate safety of persons
added filling materials. and property and may be summarily abated under the undefined law of
necessity or b) nuisance per accidens (or that which depends upon
Sps. Ong and Sps. Uy filed a Complaint for Abatement of Nuisance with certain conditions and circumstances, and its existence being a
Damages against Sps. Rana. With respect to the elevated and cemented subject question of fact, it cannot be abated without due hearing thereon in a
portion, the Court ruled that it is not a nuisance per se but a nuisance per tribunal authorized to decide whether such a thing does in law
accidens; thus, it couldn’t be summarily abated. Wong et. al’s demolition of constitute a nuisance).
said subject portion is unwarranted so Sps. Rana is entitled to damages.
Furthermore, since Sps. Rana introduced a nuisance per accidens that Art. 704. Any private person may abate a public nuisance which is
transgressed Wong et al.’s rights to the unobstructed use of free passage over specially injurious to him by removing, or if necessary, by destroying
the subject road, Sps. Rana is ALSO liable for damages. As a result, the said the thing which constitutes the same, without committing a breach of
parties offset each other’s liability for damages. the peace, or doing unnecessary injury. But it is necessary:
(1) That demand be first made upon the owner or possessor of
As for the subject backfilling, the Court ruled that the fence on the Uy the property to abate the nuisance;
property was not meant to be a retaining wall so the backfilling of Sps. Rana (2) That such demand has been rejected;
which added pressure on the fence endangered the safety of the occupants of (3) That the abatement be approved by the district health officer and
the Uy property. Sps. Rna was ordered to construct a retaining wall which executed with the assistance of the local police; and
would bear the weight and pressure of the filling materials. (4) That the value of the destruction does not exceed three thousand
pesos.
Doctrine:
Art. 694. A nuisance is any act, omission, establishment, business, Art. 706. Any person injured by a private nuisance may abate it by
condition of property, or anything else which: removing, or if necessary, by destroying the thing which constitutes the
(1) Injures or endangers the health or safety of others; or nuisance, without committing a breach of the peace or doing
(2) Annoys or offends the senses; or unnecessary injury. However, it is indispensable that the procedure for
(3) Shocks, defies or disregards decency or morality; or extrajudicial abatement of a public nuisance by a private person be
followed.
1) W/N Spouses Rana’s act of elevating and cementing a portion of
FACTS: the subject road and backfilling can be considered a nuisance.
1. Teresita Lee Wong (Wong) and Spouses Shirley and Ruben Ang 2) W/N Sps. Uy should remove their fence along the common
Ong (Sps. Ong) are co-owners pro indivisio1 of a residential land boundary and return the encroached portion to Sps. Rana.
(Wong-Ong property) situated in Peace Valley Subdivision in RATIO:
Cebu. The Wong-Ong property is bordering a 10-meter wide `1. Yes. With respect to the elevated and cemented subject portion, the Court
subdivision road (subject road). ruled that it is not a nuisance per se but a nuisance per accidens; thus, it
2. On the opposite side of the subject road are the adjacent lots of couldn’t be summarily abated. Wong et. al’s demolition of said subject
Spouses Uy and Spouses Rana. The said lots follow a rolling portion is unwarranted so Sps. Rana is entitled to damages. Furthermore,
terrain with the Rana property standing 2 meters higher than and since Sps. Rana introduced a nuisance per accidens that transgressed Wong et
overlooking the Uy property while the Wong-Ong property is at al.’s rights to the unobstructed use of free passage over the subject road, Sps.
the same level with the subject road. Rana is ALSO liable for damages. As a result, the said parties offset each
3. In 1997, Sps. Rana elevated and cemented a portion of the road other’s liability for damages.
that runs between the Rana and Wong-Ong properties (subject As for the subject backfilling, the Court ruled that the fence on the
portion) in order to level the said portion to their gate. Moreover, Uy property was not meant to be a retaining wall so the backfilling of Sps.
Sps. Rana likewise backfilled a portion (subject backfilling) of the Rana which added pressure on the fence endangered the safety of the
perimeter fence separating the Rana and Uy properties without occupants of the Uy property. Sps. Rna was ordered to construct a retaining
erecting a retaining wall that would hold the weight of the added wall which would bear the weight and pressure of the filling materials.
filling materials.
4. Sps. Ong and Sps. Uy filed a Complaint for Abatement of 2. Yes. Based on the relocation survey conducted by the Court’s
Nuisance with Damages against Sps. Rana (Civil Case No. appointed commissioner, Atty. Pintor, Uy’s perimeter fence
CEB-20893). Moreover, Wong et al. filed a Motion for Leave to be encroached on 2 sq.m. of the Rana property. Sps. Rana are therefore
Allowed to Bring Heavy Equipment for the intermediate entitled to the return of the 2 sq.m. encroached portion. Building a
development of the Wong-Ong property so that the subject road retaining wall on their property shall be held in abeyance pending the
will be used to access their lot. RTC granted motion. return of the encroached portion.
5. Wong et al. proceeded to level the subject portion of the road
because of which it hampered the flow of entrance and exit of the
Sps. Rana’s residence. Sps. Rana filed a Supplemental Answer
praying for damages.
6. Sps. Rana filed ANOTHER case (Civil Case No. CEB-21296)
which is a Complaint for Recovery of Property and Damages
against Sps. Uy. They alleged that the property of Spouses Uy
encroached on their property based on a relocation survey. The two
cases mentioned herein were then consolidated to this present case.
ISSUE:
1
Pro Indivisio is a concept in property law that describes common or undivided
property ownership