Petitioner
Calimlim
Respondent
Gono
Citation
G.R. No. 272053
Court
Supreme Court
Division
Second Division
Ponente
Lazaro-Javier, J.
Decided
January 14, 2025

Summary

This case involves a dispute between resort owners (Spouses Goño) and occupants (Spouses Calimlim) regarding illegal structures on the Matabungkay Beach shoreline. The Spouses Goño sought the abatement of a nuisance, claiming the structures caused unsanitary conditions, noise, and fire hazards, while obstructing their business. While the Trial Court initially dismissed the complaint, the Court of Appeals reversed the decision, a ruling subsequently affirmed by the Supreme Court. The Supreme Court held that the structures constitute a public nuisance because they occupy foreshore land without a valid lease from the DENR, in violation of Commonwealth Act No. 141. Additionally, the hazardous nature of the operations—specifically the open-fire kitchens and improper waste disposal—posed immediate threats to the safety and property of the neighbors. The Court affirmed the order for demolition and the award of temperate, moral, and exemplary damages, emphasizing that unauthorized occupation of public land and the resulting hazards justify judicial intervention.

Statutes applied

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