Philippine Bar review · Question

Practice question: Nuisance

Multiple Choice Hard

Practice question

An official uses extrajudicial abatement against property alleged to be a nuisance. The court later declares it was not a real nuisance. The official claims707 applies only to private persons, regardless of official acts. Which is correct?
  1. 707 expressly includes public officials as well as private persons
  2. Public office automatically creates blanket immunity under707
  3. Only the property owner can owe damages
  4. A nuisance label is conclusive against every court
  5. Judicial declaration can never matter

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles695 and699–707.

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