Text of the provision
Art. 707. A private person or a public official extrajudicially abating a nuisance shall be liable for damages:
(1) If he causes unnecessary injury; or
(2) If an alleged nuisance is later declared by the courts to be not a real 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
Anyone who takes down a nuisance outside of court — whether a private person or a public official — is liable for damages in two situations: if they cause unnecessary injury, or if the thing they removed is later held by a court not to have been a nuisance at all. Acting on your own judgement carries the risk of being wrong.
Questions about this provision
Related provisions
- Article 561 — Recovered Possession Counts as Unbroken.
- Article 736 — Guardians and Trustees Cannot Give It Away.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.