Quick Answer
A nuisance is an act, omission, activity or condition that falls within the harms listed in Civil Code Article 694, including danger to health or safety, offensive interference with the senses, obstruction of public ways or waters, or impairment of property use. Whether a particular disturbance is legally actionable depends on its nature, effects and surrounding circumstances.
Filipino explanation
Gawa, gawain o kalagayang nakapipinsala o nakapagdudulot ng panganib o istorbo ayon sa batas. Maaaring kabilang dito ang usok, ingay o ibang sagabal sa paggamit ng ari-arian. Hindi sapat ang personal na pagkainis lamang upang awtomatikong maipagbawal ang gawain ng iba.
Legal basis and important limit
Article 695 distinguishes a public nuisance, affecting a community, neighborhood or considerable number of persons, from a private nuisance. Articles 699–707 address remedies and liability; stopping the nuisance does not necessarily erase liability for past injury under Article 697. Do not demolish, destroy or remove someone else’s property merely because you call it a nuisance. Extrajudicial abatement has strict limits, and wrongful action can lead to damages. In Municipality of Biñan v. Holiday Hills Stock & Breeding Farm Corporation, the Supreme Court explained that nuisance per accidens, whose character depends on circumstances, cannot be summarily abated without judicial intervention.
Sources: Civil Code (R.A. 386), Supreme Court E-Library (LawPhil text) · Municipality of Biñan v. Holiday Hills, G.R. No. 200403, October 10, 2022
Fictional example
A workshop repeatedly sends dense smoke into Liza’s home. She keeps a dated incident log and photographs taken from a lawful location, and reports the problem to the appropriate local office. The relevant facts, regulations and evidence must be assessed before a remedy is chosen; she should not damage the workshop herself.
Common misunderstanding
Calling a condition a public nuisance does not automatically authorize immediate demolition. Nor does a long history of disturbance make the conduct lawful.
Next step
Record when the interference occurs, who is affected and what harm results. Seek the appropriate local health, environmental or building office, or legal advice about the proper complaint and any urgent protective remedy.
Read the guide to common neighbor disputes
Read the guide to noisy neighbor and karaoke nuisance remedies
Return to the CivilLaw glossary
General Philippine legal information. The Filipino explanation is supplementary and is not an official translation. Immediate hazards should be reported to the appropriate emergency or local authority.
Source check: October 14, 2026, limited to the definitions and qualifications above. Laws and judgments are credited to their issuing authorities; CivilLaw.PH provides the explanation and presentation.