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Calma v CA| GR No. 78447 – August 17, 1989 | Cortes, J.

| COMMISSION did not make any finding of

Nuisance | by Jasper a nuisance. Apparently, on the basis of
position papers, the COMMISSION
FACTS: assumed the existence of the nuisance,
● Petitioners, Spouses Resituto and Pilar Calma without receiving evidence on the matter,
purchased a lot in Pleasantville Dev. Corp.'s, to support its order for the prevention or
respondent, subdivision known as City Heights abatement of the alleged nuisance.
Phase II. They built a house on said lot and b. Moreover, the spouses Ong, were not
established residence therein. even party to the proceedings before the
● Fabian and Nenita Ong also purchased from COMMISSION who would be directly
Pleasantville a lot fronting that of the Calma affected by a decision favorable to
spouses and constructed their own buildings where petitioner. To declare their property or the
they resided and conducted their business. activities being conducted therein a
● After sometime, petitioners wrote the president of nuisance, and to order prevention and
the subdivision's association complaining that the abatement, without giving them an
compound of the Ongs was being utilized as a opportunity to be heard would be in
lumber yards and that a "loathsome noise and violation of their basic right to due
nervous developing sound" emanating therein process.
disturbed him and his family and causes illness to c. Hence, no reversible error was committed
their son. by the Court of Appeals when it nullified
● The president, in his reply, stated that the the assailed portion of the COMMISSION's
association's board had referred the matter to decision, the order granting the writ of
Fabian Ong who had already taken immediate execution, and any writ of execution
action on the complaint. issued pursuant thereto.
● However, the measure taken by the commission d. But all is not lost for petitioner and his
and Fabian Ong is unsatisfactory. family. There is still a pending civil case
● Thus, the Calma spouses filed a complaint for instituted by petitioner. In said proceeding
damages against the Ong spouses and Pleasantville the factual issues can be fully threshed out
before CFI Negros Occidental alleging that were it and the Ong spouses, the parties who shall
not for Pleasantville's act of selling the lot to the be directly affected by any adverse
Ongs and its failure to exercise its right to cause the judgment, shall be afforded the
demolition of the alleged illegal construction, the opportunity to be heard as they had been
nuisance could not have existed and no damages impleaded as defendants therein together
could have been sustained. with PLEASANTVILLE
● The Calma spouses also filed with the NHA a RULING: the decision of the Court of Appeals, the same is
complaint for "violation of the provisions, rules and hereby AFFIRMED and the petition DENIED for lack of
regulation of the subdivision and condominium merit.
buyers protective decree under PD No. 957."
● The Commission (Took over the powers of the NHA
for the mean time): dismissed the complaint of the
petitioner for lack of merit, finding that
Pleasantville did not violate any provisions of PD
957, but included a portion holding Pleasantville
responsible for the abatement of the alleged
nuisance on the ground that it was par of its implied
warranty that its subdivisions and lots would be
used solely and primarily for residential purpose.
● CA: The Commission acted capriciously and in
excess of its jurisdiction in imposing an obligation
upon the petitioner after absolving it of the
complaint filed against it.

1. Whether or not the Commission gravely abuse its
discretion in ruling that Ongs property constituted
a nuisance.
a. Yes. The COMMISSION's conclusion that
the activities being conducted and the
structures in the property of the Ongs
constituted a nuisance was not supported
by any evidence. The Solicitor General
himself, in his comment filed in the Court
of Appeals, admits that the decision of the