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MADRONA
MANGAKO, KENNETH C
Whether or not the writ of injunction
issued is valid against the summary
ISSUE abatement for a thing considered as a
nuisance per accidens.
Rules
• Article 2217 of the Civil
Code
• Pampanga Bus Co., Inc. v.
Municipality of Tarlac
• PD 296, RA 7279, PD 772,
PD 1096 & RA 917 as
amended by Section 23,
PD. No. 17, DO No. 4
Series of 1987
Analysis
Fortunito Madrona is a
registered owners of a property
in Greenheights, Marikina and
covered by a TCT, enclosing it
with a concrete fence and steel
gate. In 1999, He received a letter
from Jaime Perez, of Marikina
Demolition Office, giving him 7
days to remove the fence due to
several violations of the law.
RTC – Madrona being lawful
owner of the subject property, is
entitled to the peaceful and open
possession of every inch of their
property and petitioner’s threat
to demolish the concrete fence
around the property is
tantamount to a violation of his
rights. The fence is NOT a
nuisance per se.
CA – Affirmed RTC
Analysis
JAIME PLAZO - FORTUNITO MADRONA -
PETITIONER RESPONDENTS