- Petitioner
- Rana
- Respondent
- Wong
- Citation
- G.R. No. 192861
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Perlas-Bernabe, J.
- Decided
- June 30, 2014
Summary
This consolidated case involves neighboring property owners in a Cebu subdivision disputing road modifications and boundary encroachment. Sps. Rana elevated a subdivision road portion affecting neighbors' access, and backfilled their property creating safety hazards. Wong et al. improperly demolished the road elevation, trapping Sps. Rana's vehicle. A separate survey revealed Sps. Uy encroached 2 sq.m. onto Rana property. The Supreme Court applied nuisance law principles, distinguishing between nuisance per se and per accidens, and found both parties committed nuisances warranting offsetting damages. The Court ordered construction of a retaining wall for safety and return of the encroached property portion, while denying claims for moral damages and malicious prosecution. The decision clarifies property rights, nuisance abatement procedures, and the importance of judicial intervention before summary abatement of nuisances.