Text of the provision
Art. 702. The district health officer shall determine whether or not abatement, without judicial proceedings, is the best remedy against a public nuisance.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
It is the district health officer who determines whether abatement without judicial proceedings is the best remedy against a public nuisance.
Because a public nuisance affects the community rather than a single property owner, the decision on whether to abate it without judicial proceedings is not left to the discretion of the person inconvenienced by it; it is committed instead to the district health officer, who weighs the circumstances and chooses the best course. This differs from a private nuisance, where the affected owner may typically decide for himself whether and how to seek abatement.
Questions about this provision
Related provisions
- Article 701 — Who Files The Civil Action.
- Article 703 — Private Action For Public Nuisance.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.