Ernest Rodriguez, et. al.

vs.
Intermediate Appelate Court, et.
al.
G.R. No. 74816, March 17, 1987
FACTS:
Ernesto Rodriguez and other residents of South Zuzuarregui Avenue, Quezon City filed on
December 16, 1980, an action for abatement of a public nuisance with damages against
Daytona Construction and Development Corporation.

Daytona has a cement batching plant for the manufacture of road and building concrete
materials such as concrete aggregates.

The residents state that effluence and sediment of the plant has run over to the adjacent
lots. Cement dust has also caused pollution to the area.

The pollution has killed many of the resident’s plants. Also, their health has been affected,
many being affected with respiratory diseases.
ISSUE:

Whether the Construction company is liable.

RULING:
Yes. Despite all the procedural ploys used by Daytona to invalidate
the decision of the Trial Court, the Supreme Court upheld the
decision of the Trial Court:
“From the uncontroverted evidence presented by the plaintiffs, there
is hardly any question that the cement dust coming from the
batching plant of the defendant corporation is injurious to the health
of the plaintiffs and other residents in the area.
The noise, the vibration, the smoke and the odor generated by the
day and night operation of the plant must indeed be causing them
serious discomfort and untold miseries. Its operation therefore
violates certain rights of the plaintiffs and causes them damage.
It is thus a nuisance and its abatement justified.”
PRESENTORS: