Practice question
Residents dispute whether noise from a lawful basketball facility is unreasonable in its actual location and operating conditions. There is no established immediate danger or factual finding that it is a nuisance per se. A mayor orders immediate demolition solely by labeling it a nuisance. Which principle controls?
- Every unpopular activity is automatically a nuisance per se
- A circumstance-dependent nuisance per accidens requires the appropriate hearing and determination; the label alone does not authorize summary demolition
- A permit makes nuisance legally impossible
- Residents may destroy any facility without conditions
- The owner’s profit conclusively defeats every complaint
Legal references
- Cruz v. Pandacan Hiker's Club, Inc., G.R. 188213, January 11, 2016: https://lawphil.net/judjuris/juri2016/jan2016/gr_188213_2016.html
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