Nuisance

Republic of the Philippines
First Judicial Region
Municipal Trial Court
Baguio City Branch No.___
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. - versus -

For: Violation of Baguio Silent
Night Ordinance
Ariana Andres,
Accused.
x ---------------------------------------- x
INFORMATION
The Undersigned accuses Ariana Andres of the offense of the

violation of the Silent Night Ordinance of Baguio City, committed as
follows:
That on or about November 20, 2022 at exactly 9pm to 6am the

next day and thereafter until November 26, 2022 every night, in
Brentwood Village, the accused did then and there wilfully,
unlawfully and feloniously caused the excessive, unnecessary,
or unusual loud sounds by operating, playing or permitting the
operation or playing of any radio, CD player, loudspeaker,
videoke or karaoke system and other sound producing device in
such manner or with such volume so as to annoy the quiet and
comfort of a reasonable person of normal sensitivities in any
dwelling or residence; or with louder volume more than
necessary for convenient hearing of the persons who are in the
place in which such device is operated, such noise caused
misunderstanding and disputes within the community.
CONTRARY TO LAW.
CERTIFICATE OF PRELIMINARY INVESTIGATION
I hereby certify that a preliminary investigation in this case was

conducted by me in accordance with law; that I examined the Complainant
and her witnesses; that there is reasonable ground to believe that the offense
charged had been committed and that the accused is probably guilty thereof;
that the accused was informed of the Complaint and of the evidence
submitted against him and was given the opportunity to submit controverting
evidence; and that the filing of this Information is with the prior authority
and approval of the City Prosecutor.
Atty. Eihman Padilla
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this 26th day of

November 26, 2022 in Baguio City.
Atty. Harvey Mendoza
City Prosecutor
Bail Recommended: PhP 10,000

Republic of the Philippines
First Judicial Region
Regional Trial Court
Baguio City, Branch No. ___
[NAME]__________,
Plaintiff,
Civil Case No. 1234
For: Abatement of Nuisance

[NAME]__________,
Defendant.
x ----------------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
1. Plaintiff is of legal age, Filipino Citizen, and a resident of #1234 Trancoville Baguio City;
2. Defendant is also of legal age, Filipino and also a resident of #45 Trancoville Baguio City,
where he may be served with summons and other pertinent processes;
3. The plaintiff and the defendant are neighbors, the defendant’s house being located near
the roadway where the plaintiff usually passes through when he brings his children to
school;
4. The defendant caused the painting of a mural on the fence of his house. Such painting
depicts a portrait of two people engaged in sexual intercourse. Photographs of the said
painting are herein attached as Annex A, and made an integral part of this complaint;
5. The painting is seen by children passing by everyday, as the house of the defendant is
located near the school;
6. Despite repeated demands made by the parents of the children, the defendant refused to
take the painting down. Which is why the plaintiff was constrained to file the present
petition to the trial court.
7. Article 694 of the Civil Code provides that a nuisance is any act, omission, establishment,
business, condition of property, or anything else which:
(1) Injures or endangers the health or safety of others;
(2) Annoys or offends the senses;
(3) Shocks, defies or disregards decency or morality;
(4) Obstructs or interferes with the free passage of any public highway or street,
or any body of water; or
(5) Hinders or impairs the use of property.
8. Furthermore, Article 699 provides that the remedies against a public nuisance are: (1) A
prosecution under the Penal Code or any local ordinance: or (2) A civil action; or (3)
Abatement, without judicial proceedings.
9. The parties have undergone the necessary barangay conciliation proceedings, but the
same proved futile due to the defendant’s non appearance, herein attached is a
certification from the Barangay captain as Annex B, and made an integral part of this
complaint.
WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant
to cause the removal of the said painting and desist from performing any other similar acts and
[AMOUNT OF ATTORNEY’S FEES IN LETTERS AND FIGURES] _________________ for
Attorney’s fees.
Other just and equitable reliefs are also prayed for.
November 26, 2022, Baguio City.

[SIGNATURE]
[NAME] _____________
Counsel for Plaintiff
[ADDRESS] ______________________
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, [NAME] _____________________, of legal age, do hereby state that: I am the plaintiff

in the pleading entitled Complaint for abatement of nuisance and in such capacity, caused this
Complaint to be prepared; The allegations herein are true and correct, based on
personal knowledge or authentic documents; The pleading is not filed to harass,
cause unnecessary delay, or needlessly increase the cost of litigation; The factual
allegations therein have evidentiary support or, if specifically so identified, will
likewise have evidentiary support after a reasonable opportunity for discovery.
IN WITNESS WHEREOF, I have signed this instrument on [DATE]_____________.
[SIGNATURE]
[NAME] _________________
SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day

of [MONTH AND YEAR]_________________, affiant exhibiting before me his Government
Issued ID no. _______________ issued on [DATE}__________________ at [PLACE OF
ISSUANCE]_____________________.
[SIGNATURE]
[NAME]_______
Notary Public
Until [DATE]__________________
PTR No. [NUMBER] ____________
Issued at [PLACE]______________
On [DATE] ___________________
Doc. No.
Page No.
Book No.
Series of [YEAR] ___________.
According to Article 706 of the New Civil Code “Any person injured
by a private nuisance may abate it by removing, or if necessary, by
destroying the thing which constitutes the nuisance, without committing a
breach of the peace or doing unnecessary injury. However, it is
indispensable that the procedure for extrajudicial abatement of a public
nuisance by a private person be followed.”
The procedure to be undertaken for purposes of extrajudicial

abatement of a private nuisance ais underlined by Article 704 of the New
Civil Code, to wit:
“(1) That demand be first made upon the owner or possessor of the
property to abate the nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the district health officer and
executed with the assistance of the local police; and
(4) That the value of the destruction does not exceed three thousand
pesos.”
The requisites that are needed to be complied with are:

1. Nuisance must be specially injurious to the person affected;
2. No breach of peace or unnecessary injury must be commmitted;
3. Prior demand;
4. Prior demand has been rejected;
5. There is approval by the district health officer and assistance of
local police; and
6. The value of the destruction does not exceed PhP 3,000.
(Article 704 and 706 of the New Civil Code)

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Republic of the Philippines

First Judicial Region

Municipal Trial Court

Baguio City Branch No.___

PEOPLE OF THE PHILIPPINES,

Criminal Case No. - versus -

The Undersigned accuses Ariana Andres of the offense of the

That on or about November 20, 2022 at exactly 9pm to 6am the

CERTIFICATE OF PRELIMINARY INVESTIGATION

I hereby certify that a preliminary investigation in this case was

Atty. Eihman Padilla

Assistant City Prosecutor

SUBSCRIBED AND SWORN TO BEFORE ME this 26th day of

Atty. Harvey Mendoza

Bail Recommended: PhP 10,000

For: Abatement of Nuisance

PLAINTIFF, by counsel, respectfully states that:

Other just and equitable reliefs are also prayed for.

November 26, 2022, Baguio City.

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, [NAME] _____________________, of legal age, do hereby state that: I am the plaintiff

IN WITNESS WHEREOF, I have signed this instrument on [DATE]_____________.

SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day

The procedure to be undertaken for purposes of extrajudicial

The requisites that are needed to be complied with are:

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