Abatement of Nuisance

Republic of the Philippines Regional Trial Court Branch ____, Pagadian City

Shin L. Nidupiaz Complainant , -versus-

Case no.: ______ For: Abatement of Nuisance

Goya M. Pangs Defendant , x----------------------------------------x

COMPLAINT COMES NOW, Shin L. NIdupiaz, NIdupiaz, through undersigned counsel and to the Honorable Court, respectfully state and depose that:

1. Complainant is of legal age, single and with residence at Bayabas Street, 04542 Barangay Sto. Niño, Pagadian City, while defendant, Goya M. Pangs is also of legal age, single and with residence at Bayabas Street, 04540 Barangay Sto. Niño, Pagadian City, where he may be served with summons and other legal processes;

2. Complainant and defendant are neighbors in Barangay Sto. Niño, Pagadian City, and their residence are separated by a unoccupied lot covering with more or less ONE 2 HUNDRED SQUARE METERS ( 100 sm ) , located at the side of Bayabas Street, Barangay Sto. Niño, Pagadian City. 3. Defendant started a piggery, sometime in January 2013, located in the backyard of his residence, rising with, more or less, ten (10) piglets. Without the necessary necessary sanitary permit as required by PRESIDENTIAL PRESIDENTIAL DECREE NO.856 otherwise known as the Sanitary Code of The Philippines , which states that: “Sec. 86. Responsibilities of Owners, managers or Operators . - The owners, managers or operators of establishments shall:

a. Secure a sanitary permit from the local health authority before establishing and operating their business or trade;” 4. After a month from the time the defendant started his piggery, an unpleasant and unbearable smell which is coming from the waste materials of the defendant’s piggery started to stink around that even reaches the neighboring houses, including the residence of the complainant;

5. Complainant and his family are unable to live in peace in their residence, because of the stinking smell that is coming from the waste materials of the defendant’s piggery. Even people who passed-by at Bayabas Street, Barangay Sto. Niño, and the neighboring residence noticed the stinking smell, and has been complaining about the unpleasant smell coming from the residence of the defendant; 6. Sometime in March 2013 complainant and the neighboring residence confronted with the defendant and demanded that the latter should find ways to get rid of the stinking smell coming from the waste materials of his livestock and if he cannot find ways to get rid of the smell he might just stop his piggery. Considering that he did not even obtained sanitary permit for the operation of said piggery; 7. Despite several oral demands, defendant did nothing to get rid of the smell and refuses to stop rising up his hogs; 8. In June 2013, complainant went to the Barangay Hall of Barangay Sto. Niño to file a complaint against the defendant with regards to the stinking smell coming from the defendant’s hogs waste materials. 9. After summons has been served to the defendant, complainant and defendant confronted before the “Punong Barangay“and “Pangkat ng Tagapagsundo”, but the same did not result into any settlement, as the defendant refused to act on the demands of the complainant, as evidence thereof, I hereby attached the certificate to file action issued by the Punong Barangay of Barangay Sto. Niño, Pagadian city, as Annex “A”; 10. As a result of defendant’s refusal to act on the demands of the complainant , as stated in the foregoing, the latter is forced to file this complaint unto the Honorable Court to abate such nuisance caused by the defendant’s continuous refusal to get rid of the stinking smell from the waste materials of defendant’s residential piggery; 11. The stinking smell coming from the residence of the defendant is considered as a nuisance as define in Paragraph 1 and 2, Art. 694, Civil Code of the Philippines which states that: ” Art. 694. 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; or  (2) Annoys or offends the senses;” 

12. The smell may endanger the health of the neighboring residence of the defendant, considering that it attracts insects such as flies that carry various types of germs that cause different kinds of disease, in the neighborhood. And the smell also annoys the sense of smell of every people who notices the unpleasant smell from the defendants residence; 13. Complainant repleads the allegations in Paragraph 4 and 5 as copied in full herein, and as evidence thereof, I hereby attached the joint affidavit, the neighbors of the defendant, as Annex “B”;

14. Due to the filing of this complaint, the complainant incurred litigation expenses and attorney’s fees which should be assessed against defendant.

WHEREFORE, premises considered, complainant respectfully prays before the Honorable Court that judgment be rendered in favor of the complainant and as against the defendant in the following manner: a. To order the defendant to abate his piggery in his residence; b. To pay moral damages of P20,000.00; c. To pay exemplary damages of P10,000.00; d. To pay P100,00.00 as litigation expenses and attorney’s fee; and Complainant prays for such other reliefs as may be just and equitable in the premises. Pagadian City, June 29, 2013

ATTY. SHINE NOVEL L. SAIPUDIN COUNSEL

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES) Pagadian City

) S.S.

x-----------------------x

I, Shin L. Nidupiaz, of legal age, Filipino, single, and a resident of Bayabas Street, 04542 Barangay Sto. Niño, Pagadian City, Philippines, after being sworn in accordance with law, hereby depose and say:

That I am the Complainant in the above-entitled case; That I have caused the preparation of the above Complaint and I have read the same and knows the contents thereof; That the allegations contained therein are true and correct of my own personal knowledge.

That I further certify that: (a) I have not theretofore commenced any other action or proceeding or filed any claim involving the same issues or matter in any court, tribunal, or quasi judicial agency and, to the best of my knowledge, no such action or proceeding is pending therein; (c) if I should thereafter learn that the same or similar action or proceeding has been filed or is

pending before the Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed.

IN WITNESS WHEREOF , I have hereunto set my hand this 29

th

day of June 2013, at

Pagadian City, Philippines.

Shin L. Nidupiaz AFFIANT

th

SUBSCRIBED AND SWORN to before me, this 29 day of june 2013, by Shin L. Nidupiaz

who exhibited to me his Community Tax Certificate No.444555 issued at Pagadian City, Philippines on January 6, 2013.

ATTY. MARLO S. PORLE NOTARY PUBLIC

Doc. No. 7; Page No.6 Book No. 6; Series of 2013;