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JAIME S. PEREZ v. SPS. FORTUNITO L. MADRONA

This case has been cited 1 times or more.

2014-06-30
PERLAS-BERNABE, J.
Jurisprudence further classifies nuisances in relation to their legal susceptibility to summary abatement (that is, corrective action without prior judicial permission). In this regard, a nuisance "may either be: (a) a nuisance per se (or one which "affects the immediate safety of persons and property and may be summarily abated under the undefined law of necessity");[50] or (b) a nuisance per accidens (or that which "depends upon certain conditions and circumstances, and its existence being a question of fact, it cannot be abated without due hearing thereon in a tribunal authorized to decide whether such a thing does in law constitute a nuisance.")[51]