Text of the provision
Art. 704. 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.
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
A private person may abate a public nuisance specially injurious to him by removing or, if necessary, destroying the offending thing — without breaching the peace or doing unnecessary injury. Four requisites must be met: a demand on the owner or possessor to abate, rejection of that demand, approval by the district health officer with the assistance of the local police, and that the value of the destruction not exceed three thousand pesos.
Questions about this provision
Related provisions
- Article 703 — Private Action For Public Nuisance.
- Article 705 — Remedies Against Private Nuisance.
Cases citing this article
- Natividad C. Cruz and Benjamin Dela Cruz vs. Pandacan Hiker's Club, Inc, G.R. No. 188213, January 11, 2016 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.