A nuisance is any act, omission, establishment, condition, or thing that injures or endangers health or safety, annoys or offends the senses, shocks decency, obstructs a public way, or hinders the use of property. A public nuisance affects a community; a private nuisance affects an individual. Remedies include a civil action for damages and abatement, a criminal action where the law provides, and, in limited cases, extrajudicial abatement, doing away with the nuisance yourself, but only for a nuisance per se and following the conditions the law sets, without breach of the peace or unnecessary damage.
A neighbor’s foul-smelling piggery, a blocked right of way, deafening noise, or a dangerous structure about to collapse — these may be nuisances, and the law gives you ways to stop them.
What a Nuisance Is
The Civil Code defines a nuisance broadly as any act, omission, establishment, business, condition of property, or anything else that:
- Injures or endangers the health or safety of others;
- Annoys or offends the senses;
- Shocks, defies, or disregards decency or morality;
- Obstructs or interferes with the free passage of any public highway or street, or body of water; or
- Hinders or impairs the use of property.
Public vs. Private Nuisance
- A public nuisance affects a community or neighborhood or an indefinite number of persons (like a blocked public road or a polluting factory). It is addressed by the proper public authorities, though a private person specially injured may also act.
- A private nuisance is one that is not public — it affects a particular person or a few (like a neighbor’s encroaching, harmful activity). The injured person pursues the remedy.
Nuisance Per Se vs. Per Accidens
An important distinction governs how a nuisance may be stopped:
- A nuisance per se is a nuisance at all times and under any circumstances — inherently and obviously dangerous (for example, something that is an immediate danger to life or property). It may be summarily abated.
- A nuisance per accidens is a nuisance only because of the particular circumstances (location, manner of operation). Whether it is a nuisance must first be determined by a court; it cannot simply be destroyed on one’s own say-so.
The Remedies
Against a nuisance, the law provides:
- A civil action for damages and abatement (a court order to stop and remove the nuisance);
- A criminal action where the law specifically penalizes the conduct; and
- Abatement — the actual removal or stopping of the nuisance — which may be done through the courts, by public authorities, or, in limited cases, extrajudicially by the injured person.
The Limits on Doing It Yourself
Self-help is tempting but dangerous. Extrajudicial abatement by a private person is allowed only for a nuisance per se (or a private nuisance under strict conditions), and only if:
- It is done without committing a breach of the peace;
- No unnecessary injury is caused; and
- The person, where required, gives notice or demand to abate first.
Tearing down a neighbor’s structure you consider a nuisance, without these safeguards, can expose you to liability — because if it is only a nuisance per accidens, a court had to declare it first. When in doubt, go to court.
Practical Advice
- Document the harm (photos, videos, medical or noise records) and, for neighbor disputes, go through barangay conciliation.
- For anything short of an obvious, immediate danger (a nuisance per se), seek a court declaration and abatement rather than self-help.
- You can generally recover damages in addition to stopping the nuisance.
Frequently Asked Questions
What is a nuisance? Any act, omission, establishment, condition, or thing that injures or endangers health or safety, annoys or offends the senses, shocks decency, obstructs a public way, or hinders the use of property.
What is the difference between public and private nuisance? A public nuisance affects a community or an indefinite number of persons, like a blocked public road. A private nuisance affects a particular person or a few, like a neighbor's harmful activity.
Can I remove a nuisance myself? Only for a nuisance per se (inherently dangerous), and only without a breach of the peace, without unnecessary injury, and with required notice. A nuisance per accidens must first be declared by a court before it can be abated.
What remedies do I have? A civil action for damages and abatement, a criminal action where the law penalizes the conduct, and, in limited cases, extrajudicial abatement. You can generally recover damages in addition to stopping the nuisance.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If a neighbor's activity is harming your health, safety, or property, our firm can help you abate the nuisance and recover damages. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.