LAW ON PROPERTY | CRUZ V. PANDACAN HIKER’S CLUB, INC.

CRUZ V. PANDACAN HIKER’S CLUB, INC.

 

TOPIC/DOCTRINE

Nuisance Per Se may be summarily abated

Nuisance Per Accidens cannot be abated without due hearing

 

FACTS

Natividad Cruz, Barangay Chairperson, ordered Barangay Tanod Benjamin dela Cruz to destroy a basketball ring by cutting it up with a hacksaw. Cruz alleged that the basketball court affected the peace in the barangay and was the subject of many complaints from residents asking for its closure.

 

ISSUE

Whether the subject basketball ring is a Nuisance Per Se or Nuisance Per Accidens

 

RULING

Nuisance Per Accidens.

The court ruled that a basketball ring per se poses no immediate harm or danger to anyone. By its nature, a basketball ring is not injurious to rights of property, of health or of comfort of the community. A basketball ring does not pose an immediate effect upon the safety of persons or property.

 







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