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Property
Property
Property
Definition
A nuisance is any act, omission,
establishment, business, condition of property, or
anything else which
1. Injures or endangers the health or safety of
others; or
2. Annoys or offends the senses; or
3. Shocks, defies or disregards decency or
morality; or
4. Obstructs or interferes with the free
passage of any public highway or street, or any body
of water; or
5. Hinders or impairs the use of property. (Art.
694)
Classification
1.According to Persons Affected
a.
Public nuisance affects a community or
neighborhood or any considerable number of persons.
A nuisance may be considered public although the
extent of the annoyance, danger or damage upon
individuals may be unequal. (Art. 695)
b.
Private nuisance is one that is not included in
the definition of a public nuisance. (Art. 695)
Classification
2.
According to Nature
a.
Nuisance per se a nuisance under any and all
circumstances, because it constitutes a direct menace
to public health or safety and for that reason, may be
abated summarily under the undefined law of
necessity.
i.
resolution.
ii.
Examples: rabid dog on the loose;
contaminated meat; filthy restaurants, houses
constructed on public streets and esteros.
b.
Nuisance per accidens -- its being a nuisance
depends upon certain conditions and circumstances.
i.
Since its existence is a question of
fact, it can only be abated by judicial proceedings.
ii.
Business or establishment which are
normally legitimate cannot be considered nuisance
per se; at most, they can be considered
nuisance per accidens, depending on the
circumstances.
iii.
Examples: dam or a fishpond
constructed in navigable rivers; terminals impeding
the flow
of traffic;
City of Manila vs. Laguio, JR.
GR No. 118127, April 12, 2005
FACTS:
Private respondent Malate Tourist
Development Corporation (MTDC) is a corporation
engaged in the business of operating hotels, motels,
hostels and lodging houses. It built and opened
Victoria Court in Malate which was licensed as a motel
c.
Private person may take the following
remedies if a public nuisance is specially injurious to
himself.
i. File an action; (Art. 703) or
ii.Abate the public nuisance by removing, or if
necessary
public nuisance by removing, or if
necessary, bydestroying
the thing which
constitutes the same. (Art. 704)
Remedies against PRIVATE nuisance
a.A civil action; or
b.Abatement, without judicial proceedings. (Art.
705)
Extrajudicial abatement is available only for nuisance
per se. Nuisance per accidens can only be abated by
judicial proceedings because a court would still have
to determine if it is really a nuisance
taking into
account the circumstances of the case.
Any person injured by a private nuisance may abate it
by removing, or if necessary, by destroying the thing
which constitutes the nuisance. (Art. 706) BUT
this is deemed subject to the LIMITATIONS imposed by
the law on nuisance as to the procedure or manner of
abatement.
Limitations
1.The person abating a nuisance must not commit a
breach of the peace or cause unnecessary injury. (Art.
704 and 706)
2.In extrajudicial abatement of a nuisance (whether
public or private) by a private person, it is necessary.
(Art. 704 and 706):
a. That demand be first made upon the owner or
possessor of the property to abate the nuisance;
b. That such demand has been rejected;
c. That the abatement be approved by the district
health officer and executed with the assistance of the
local police; and
d. That the value of the destruction does not exceed
three thousand pesos.
3.A private person or a public official extrajudicially
abating a nuisance shall be liable for damages:
a. If he causes unnecessary injury; or
b. If an alleged nuisance is later declared by the courts
to be not a real nuisance. (Art. 707)
Attractive Nuisance
Hidalgo Enterprises v. Balandan
GR No. L-3442, June 13, 1952
FACTS:
It appears that the petitioner Hidalgo
Enterprises, Inc. was the owner of an ice-plant factory
in the City of San Pablo, Laguna, in whose premises
were installed two tanks full of water, nine feet deep,
for cooling purposes of its engine. While the factory
compound was surrounded with fence, the tanks
themselves were not provided with any kind of fence
or top covers. The edges of the tank were barely a foot
high from the surface of the ground. Through the wide
gate entrance, which was continually open, motor
Acceptance
The donation is perfected from the moment
the donor knows of the acceptance by the
donee. (Art. 734)
The donee must accept the donation
personally or through an authorized person.
(Art. 745)
Acceptance must be made during the lifetime
of both the donor and donee. (Art. 746)
Donations According to Cause
Pure or Simple Donations
Remuneratory Donations
Conditional Donations
Donations with Onerous Cause
Pure or Simple Donations
1. Made out of plain gratuity or pure liberality.
It is thus donation in its truest form. (Republic
v. Silim, GR 140487, April 2, 2001)
2. No condition, charge or burden is imposed.
3. Governed by law of donations.
DONATIONS
Definition:
Donation is an act of liberality whereby a
person disposes gratuituously of a thing or right in
favor of another, who accepts it. (Art. 725)
3 Essential Elements
Reduction of the patrimony of the donor
Conditional Donations
1. Made in consideration of future services or
where the donor imposes certain conditions,
limitations or charges upon the donee.
2. Imposes condition, charge or burden, the
value of which is less than that of the gift.
The condition here is not the same as
that in the law of obligations which
determines the existence or
extinguishment of the rights of the
donee. Non-compliance is merely a
ground to revoke on the part of the
donor.
Illegal or impossible conditions are
merely not considered as imposed
unlike in the law on obligations where
said conditions make the obligation
void.
Example: Prohibition to
alienate for 100 years is an
unreasonable restriction on
ownership, and is therefore an
illegal condition. (See Roman
Catholic Archbishop of Manila
v. CA, 198 SCRA 300 (1991)
Irrevocability is a distinctive
feature of a donation inter
vivos.
Capacity of Donee
Prohibited Donations
Those made between persons who were guilty
of adultery or concubinage at the time of the
donation.
FORM OF DONATIONS
In General: Donations is a solemn contract,
that is, form is essential to its validity. Without
the required form, the donation is void.
FORM OF DONATIONS
Donation of an Immovable: Formality is the
same regardless of the value .
SCOPE OF DONATIONS
Present Property
General Rule:
SCOPE OF DONATIONS
Present Property
Limitations: (Cont.)
SCOPE OF DONATIONS
Future Property
Rules:
EFFECT OF DONATIONS
JOINT DONEES:
1. Equal Shares. When a donation is made to several
persons jointly, it is understood to be in equal shares.
(Art. 753)
2. Accretion. There shall be no right of accretion
among joint donees. (Art. 753)
Exceptions:
i.If he donor has otherwise provided. (Art. 753)
ii.If the donation is made to the husband and
wife jointly,
between whom there shall be a right
of accretion. Unless
the contrary has been
provided by the donor. (Art. 753)
2. Return.
a. The property donated shall be returned to
the donor. (Art. 764)
b. The alienations made by the donee and the
mortgages imposed
thereon by him are void. (Art.
764)
However, this is subject to the limitations established,
with regard to third persons, by the Mortgage Law and
the Land Registration laws. (Art. 764)
c. The donee shall return not only the property
but also the fruits
thereon which he may have
received after having failed to fulfill the condition.
(Art. 768)
3.Extent. The donation is revoked (not
merely reduced or partially revoked). Art. 764
provides that the property donated shall be returned
to the donor.
Ingratitude
Inofficiousness