ILOILO COLD STORAGE V. MUNICIPAL COUNCIL

24 PHIL 471

FACTS:

An ice factory was constructed in the premises. Not long after, there had been numerous complaints regarding the health hazards that the factory brings to the area’s residents. There was then an order for the factory to raise its smokestacks, otherwise, it will be ordered to close down.

HELD:

If no compelling necessity requires the summary abatement of a nuisance, the municipal authorities under their power to declare and abate nuisances, don’t have the right to compel the abatement of a particular thing or act as a nuisance without reasonable notice to the person alleged to be maintaining or doing the same of the time and place of hearing before a tribunal authority to decide whether the thing is a nuisance or not.