Short answer. Under Civil Code Article 701, a civil action for a public nuisance must be commenced by the city or municipal mayor — not by a private citizen. This is the legal representative of the community as a whole, acting on behalf of everyone affected by the nuisance.
What the law says
If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor.
Civil Code, Article 701 — Who Files The Civil Action. Read the full provision →
The mayor, not a private person, files for public nuisances
Article 701 assigns the right to file a civil action for a public nuisance exclusively to the city or municipal mayor. This is not an oversight. A public nuisance, by definition, affects the community or a substantial number of people — not just one individual. Because the harm is shared, the law designates the local chief executive, who represents the government and the public interest, as the proper plaintiff. A private citizen who is bothered by a public nuisance cannot independently file a civil action under this article on behalf of the public.
Public nuisance: what distinguishes it from a private one
Not every nuisance is a public one. A public nuisance is an act, omission, or condition that injures or endangers the health, safety, morals, comfort, or convenience of the community or a considerable number of persons, or that obstructs or interferes with rights common to all. A private nuisance, by contrast, affects primarily one person or a small, defined group. The distinction matters because Article 701 applies only to public nuisances. A person whose property is individually harmed by a neighbour's activities may have their own civil remedy — but that is a different action from the one the mayor may bring.
What a private person can do
If you are personally suffering special or particular injury from what is otherwise a public nuisance — harm that is different in kind from what the community generally suffers — other provisions of the Civil Code may allow you to file a civil action in your own name. The existence of Article 701 does not strip away all private remedies. But for the civil action by reason of the public nuisance itself — the representative action on behalf of the community — that is the mayor's role. If you believe there is a public nuisance in your area and want it addressed, the appropriate step is to bring it to the attention of the mayor's office, which then has the authority and obligation to act.
When the mayor does not act
Article 701 assigns the authority to the mayor; it does not compel the mayor to exercise it in every case. If the mayor declines to act on a public nuisance complaint, that is a governance and accountability issue. Residents and affected parties may pursue other channels — complaints to higher government offices, petition for mandamus if there is a clear legal duty to act, or political pressure on the local government. The legal architecture of Article 701 is that the mayor is the proper plaintiff; the broader question of what happens when the mayor fails to act involves other areas of administrative and local government law.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- The City Government of Caloocan vs. Carmel Development Inc, G.R. No. 240255, January 25, 2023 — read the decision on LawPhil →
- Ferdinand A. Cruz vs. Judge Henrick F. Gingoyon (deceased), Presiding Judge, Regional Trial Court, Branch 117, Pasay City, G.R. No. 170404, September 28, 2011 — read the decision on LawPhil →