Nuisance Per Accidens Cannot Be Summarily Abated

Legal Framework and Application

In the realm of property and environmental law, the concept of "nuisance" plays a crucial role in balancing individual rights with public welfare. One of the key distinctions in nuisance law is between nuisance per se and nuisance per accidens. While nuisance per se—an act or condition inherently illegal or harmful—can be summarily abated by authorities, nuisance per accidens (or nuisance in fact) cannot be removed without due process. This blog post explores the legal framework governing nuisance per accidens and its practical applications.

Understanding Nuisance Per Accidens

A nuisance per accidens is an act, structure, or use of property that becomes a nuisance due to its circumstances or effects rather than its inherent nature. For instance, a factory producing loud noise and pollution might not be illegal in itself but can be deemed a nuisance based on its impact on the surrounding community.

Because the classification of nuisance per accidens depends on factual determinations, it requires judicial evaluation before any enforcement action can be taken. Unlike nuisance per se, which can be summarily abated due to its inherent unlawfulness, nuisance per accidens necessitates proper legal proceedings to ensure fairness and prevent arbitrary government actions.

Legal Framework: Due Process and Judicial Determination

1. Constitutional Protections

The principle that nuisance per accidens cannot be summarily abated stems from constitutional due process rights. In the Philippines, the right to property is protected under the 1987 Constitution, specifically under Article III, Section 1, which states that "No person shall be deprived of life, liberty, or property without due process of law." Similar protections exist in other jurisdictions, ensuring that government actions affecting property rights follow legal procedures.

2. Judicial Precedents

Philippine jurisprudence has consistently held that a nuisance per accidens must be determined by a competent court before any abatement measures are undertaken. Courts evaluate factors such as the nature of the alleged nuisance, its impact on public welfare, and potential remedies. In contrast, nuisance per se, such as illegal structures blocking public roads, may be abated without court intervention.

3. Legislative and Local Government Authority

Under the Local Government Code (Republic Act No. 7160), local governments are empowered to regulate nuisances within their jurisdictions. However, this authority does not extend to summarily abating nuisance per accidens without a proper hearing. Any attempt to do so may be challenged as a violation of due process.

Practical Applications: How Courts Handle Nuisance Per Accidens Cases

Given the need for judicial determination, parties affected by a nuisance per accidens must file a complaint before the courts. The process typically involves:

1. Filing a Case – Affected parties must present evidence demonstrating that a specific activity or property use constitutes a nuisance based on its effects.

2. Court Evaluation – The court examines whether the nuisance claim is valid, taking into account expert testimony, environmental studies, and community impact.

3. Remedies and Enforcement – If the court determines that a nuisance exists, it may order remedies such as fines, restrictions, or even closure of operations, depending on the severity of the nuisance.

Conclusion

The distinction between nuisance per se and nuisance per accidens is crucial in protecting property rights while maintaining public order. While authorities can summarily abate nuisance per se, they must follow due process in addressing nuisance per accidens. This ensures that actions taken against property owners are justified and legally sound, preventing arbitrary government interference. Understanding these legal principles is essential for property owners, businesses, and local government units navigating nuisance-related disputes.

Source: Ziggurat Real Estate

Planning the urban climate of the future

What a tree needs to grow and how it affects its surroundings vary from species to species. This makes it increasingly important for cities to adapt the urban tree cover to local conditions.

A team at the Technical University of Munich (TUM) has developed the online tool CityTree. Cities, municipalities and interested individuals can use it to find out how 12 common tree species are growing in 34 German cities and how they will benefit the local climate in the future.

Trees reduce heat stress on hot days, emit oxygen into their surroundings and bind climate-damaging CO2. This adds up to a decisive contribution towards maintaining the best possible quality of life in cities as the world heats up. A team working with the forest scientist Prof. Thomas Rötzer has investigated the advantages of selected tree species for the urban climate and the conditions under which they thrive.

To conduct the study, the researchers measured more than 5,000 urban trees throughout Germany, took samples from them and analyzed their surroundings. The focus was on lime trees, locust trees, plane trees and nine other species that make up 60% of the urban tree cover in Germany.

The data were then used to create an interactive model called CityTree. Access to the tool is free of charge. It is mainly intended for cities and municipalities, but can also be used by ambitious hobby gardeners when planning tree plantings in their own gardens.

Creating virtual trees

Users can define a virtual tree with just a few clicks. After choosing from among 34 cities and 12 tree species and defining such characteristics as soil type, the level of soil sealing and light exposure, the user sees how much CO2 the tree will bind, how much it will cool its surroundings and the quantity of water it will use.

The preview can also reflect various climate scenarios. The period from 1991 to 2000 simulates tree performance in the current climate, while 2003 represents a dry year. For the period from 2081 to 2090, the user can choose between climate scenarios based on 1°C or 4.8°C of global heating.

The data illustrate the importance of detailed planning for urban greenery. Cities like Berlin and Würzburg, with low precipitation and high temperatures, benefit more from plane trees and other drought-tolerant species. A city like Munich, with relatively high rainfall, can plan for species such as small-leaved lime and horse chestnut trees if the tree pit is large enough.

Planning for 2081 starts now

Although 2081 might seem like a long way off, "It is urgent for cities to take action now and critically assess their tree cover. Planting decisions shouldn't be based solely on aesthetics," says Thomas Rötzer.

"A tree has to grow for many years before it has a noticeable impact on urban climate. In the past, cities and municipalities lacked concrete information for planning optimized tree plantings and to assess the performance of existing trees. Through the app, we have converted scientific data into a usable format with practical benefits that can address this urban planning shortfall."

The research team recommends that local authorities develop a systematic overview of their trees. So far, there are only a few resources that would represent an "urban tree cadastre." With this knowledge, cities could establish programs with concrete targets and measures for optimal adaptation to the challenges of climate change.

The research team is currently working toward that objective. Using satellite images, they are surveying the tree population of Munich and assessing its potential growth and the benefits to the urban climate. These data can then be used for the sustainable management of the city's tree cover.

Source: Phys Org

Filipinos struggling on meager income

IBON Foundation said that involuntary hunger doubled under the administration of President Ferdinand Marcos Jr.

In a statement, IBON said the administration failed to ensure higher wages and low prices.

"The rise in hunger is a wake-up call that many Filipinos are struggling on meager incomes and the high cost of living. This shows government's rhetoric of economic gains and a robust jobs market is empty — just like the bellies of millions of hungry Filipinos," the group said.

Citing figures from a Social Weather Stations (SWS) survey, the number of Filipinos experiencing involuntary hunger more than doubled since the start of the Marcos administration, from 11.6 percent or 2.9 million families in June 2022 to 27.2 percent or 7.5 million families in March of this year.

IBON said the average daily minimum wage of P469 falls way below the P1,227 family living wage needed by a family of five, as of February this year.

"An indirect indicator of low incomes is the number of households without savings in any form increasing to 20.1 million, or 74 percent of the total, in the fourth quarter of 2024, based on Bangko Sentral ng Pilipinas (BSP) data.

Meanwhile, the overall price level of food has increased by 16 percent between June 2022 and February 2025, according to inflation data from the Philippine Statistics Authority," it said in a statement.

The group said that "persistent low incomes and high prices" are also behind the rise in hunger.

Source: Business World