Civil Code Art. 704: NUISANCE

Statute: Civil Code
Article: Art. 704
Topic: NUISANCE
Status: In force
Book: BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Title: TITLE VIII NUISANCE
Year: 1949
Cited by: 1 Supreme Court decision in the Intellegal corpus

The provision

Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. But it is necessary: (1) That demand be first made upon the owner or possessor of the property to abate the nuisance; (2) That such demand has been rejected; (3) That the abatement be approved by the district health officer and executed with the assistance of the local police; and (4) That the value of the destruction does not exceed three thousand pesos.

Cases applying this article

Cruz v. Pandacan Hikers Club G.R. No. 188213

Civil Code, Art. 704 is found in TITLE VIII NUISANCE of BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS of the Civil Code of the Philippines (Republic Act No. 386).

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