This case has been cited 2 times or more.
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2011-03-09 |
PEREZ, J. |
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| First, there can be no merit in the contention that respondents' structure is a public nuisance. The abatement of a nuisance without judicial proceedings is possible if it is nuisance per se.[38] Nuisance per se is that which is nuisance at all times and under any circumstance, regardless of location and surroundings.[39] In this case, the market stall cannot be considered as a nuisance per se because as found out by the Court, the buildings had not been affected by the 1986 fire. This finding was certified to by Supervising Civil Engineer Wilfredo A. Sambrano of the Laguna District Engineer Office.[40] To quote: An inspection has been made on the building (a commercial establishment) cited above and found out the following: | |||||
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2010-02-22 |
DEL CASTILLO, J. |
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| Respondents predicate their Petition for Reconstitution on Section 2(f) of RA 26. And to avail of its benefits, respondents presented survey plan,[22] technical description,[23] Certification issued by the Land Registration Authority,[24] Lot Data Computation,[25] and tax declarations.[26] Unfortunately, these pieces of documentary evidence are not similar to those mentioned in subparagraphs (a) to (e) of Section 2 of RA 26, which all pertain to documents issued or are on file with the Registry of Deeds. Hence, respondents' documentary evidence cannot be considered to fall under subparagraph (f). Under the principle of ejusdem generis, where general words follow an enumeration of persons or things by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same kind or class as those specifically mentioned.[27] Thus, in Republic of the Philippines v. Santua,[28] we held that when Section 2(f) of RA 26 speaks of "any other document," the same must refer to similar documents previously enumerated therein, that is, those mentioned in Sections 2(a), (b), (c), (d), and (e). | |||||