Philippine Bar review · Question

Practice question: Nuisance

Multiple Choice Hard Jurisprudence

Practice question

A homeowner demands removal of an alleged private nuisance. The demand is rejected, but she obtains no required health-officer approval or police assistance and unnecessarily destroys unrelated property. She asserts that calling the condition a nuisance immunizes her. Which is correct?
  1. The rejected demand alone authorizes unlimited destruction
  2. Private nuisance has no procedural safeguards
  3. Articles 706-707 require the applicable extrajudicial-abatement procedure and impose liability for unnecessary injury; the label supplies no blanket immunity
  4. All destruction is lawful if done during daylight
  5. Every claim of nuisance automatically transfers the property to the complainant

Legal references

  • Civil Code, Articles 704 and 706-707: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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