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Republic of the Philippines Regional Trial Court Branch ____, Pagadian City

Shin L. Nidupiaz Complainant, -versusGoya M. Pangs Defendant, x----------------------------------------x Case no.: ______ For: Abatement of Nuisance

COMPLAINT
COMES NOW, Shin L. NIdupiaz, through undersigned counsel and to the Honorable Court, respectfully state and depose that:

1. Complainant is of legal age, single and with residence at Bayabas Street, 04542 Barangay Sto. Niño, Pagadian City, while defendant, Goya M. Pangs is also of legal age, single and with residence at Bayabas Street, 04540 Barangay Sto. Niño, Pagadian City, where he may be served with summons and other legal processes;

2. Complainant and defendant are neighbors in Barangay Sto. Niño, Pagadian City, and their residence are separated by a unoccupied lot covering with more or less ONE HUNDRED SQUARE METERS ( 100 sm2) , located at the side of Bayabas Street, Barangay Sto. Niño, Pagadian City. 3. Defendant started a piggery, sometime in January 2013, located in the backyard of his residence, rising with, more or less, ten (10) piglets. Without the necessary sanitary permit as required by PRESIDENTIAL DECREE NO.856 otherwise known as the Sanitary Code of The Philippines , which states that: “Sec. 86. Responsibilities of Owners, managers or Operators. - The owners, managers or operators of establishments shall: a. Secure a sanitary permit from the local health authority before establishing and operating their business or trade;” 4. After a month from the time the defendant started his piggery, an unpleasant and unbearable smell which is coming from the waste materials of the defendant’s piggery started to stink around that even reaches the neighboring houses, including the residence of the complainant;

complainant went to the Barangay Hall of Barangay Sto. considering that it attracts insects such as flies that carry various types of germs that cause different kinds of disease. establishment. Pagadian city. Niño. defendant did nothing to get rid of the smell and refuses to stop rising up his hogs. business. as Annex “B”. the latter is forced to file this complaint unto the Honorable Court to abate such nuisance caused by the defendant’s continuous refusal to get rid of the stinking smell from the waste materials of defendant’s residential piggery. omission. 694. as stated in the foregoing. Considering that he did not even obtained sanitary permit for the operation of said piggery. and the neighboring residence noticed the stinking smell. A nuisance is any act. as the defendant refused to act on the demands of the complainant.” 12. 9. After summons has been served to the defendant. Niño. I hereby attached the joint affidavit. I hereby attached the certificate to file action issued by the Punong Barangay of Barangay Sto. and as evidence thereof. As a result of defendant’s refusal to act on the demands of the complainant . Complainant and his family are unable to live in peace in their residence. The stinking smell coming from the residence of the defendant is considered as a nuisance as define in Paragraph 1 and 2. Complainant repleads the allegations in Paragraph 4 and 5 as copied in full herein. complainant and defendant confronted before the “Punong Barangay“and “Pangkat ng Tagapagsundo”. . or (2) Annoys or offends the senses. 8. The smell may endanger the health of the neighboring residence of the defendant. because of the stinking smell that is coming from the waste materials of the defendant’s piggery. Civil Code of the Philippines which states that: ”Art. Despite several oral demands. 11. as evidence thereof. or anything else which: (1) Injures or endangers the health or safety of others. but the same did not result into any settlement. 6. And the smell also annoys the sense of smell of every people who notices the unpleasant smell from the defendants residence. Barangay Sto. condition of property. 694. Niño to file a complaint against the defendant with regards to the stinking smell coming from the defendant’s hogs waste materials. 13. 10. 7. the neighbors of the defendant. in the neighborhood. Art. and has been complaining about the unpleasant smell coming from the residence of the defendant. In June 2013.5. Even people who passed-by at Bayabas Street. as Annex “ A” . Sometime in March 2013 complainant and the neighboring residence confronted with the defendant and demanded that the latter should find ways to get rid of the stinking smell coming from the waste materials of his livestock and if he cannot find ways to get rid of the smell he might just stop his piggery.

To pay moral damages of P20.00 as litigation expenses and attorney’s fee. of legal age. That I have caused the preparation of the above Complaint and I have read the same and knows the contents thereof. and Complainant prays for such other reliefs as may be just and equitable in the premises. SAIPUDIN COUNSEL VERIFICATION AND CERTIFICATION REPUBLIC OF THE PHILIPPINES) Pagadian City ) S. Filipino. no such action or proceeding is pending therein. the complainant incurred litigation expenses and attorney’s fees which should be assessed against defendant. complainant respectfully prays before the Honorable Court that judgment be rendered in favor of the complainant and as against the defendant in the following manner: a. to the best of my knowledge. Pagadian City.S. premises considered.14.000. To order the defendant to abate his piggery in his residence. hereby depose and say: That I am the Complainant in the above-entitled case. That the allegations contained therein are true and correct of my own personal knowledge. after being sworn in accordance with law. (c) if I should thereafter learn that the same or similar action or proceeding has been filed or is . 2013 ATTY. To pay P100. 04542 Barangay Sto. SHINE NOVEL L. single. c. and a resident of Bayabas Street. tribunal. Niño. Due to the filing of this complaint. Pagadian City. b. Nidupiaz. That I further certify that: (a) I have not theretofore commenced any other action or proceeding or filed any claim involving the same issues or matter in any court. To pay exemplary damages of P10.00. WHEREFORE.000.00.00. d. x-----------------------x I. June 29. Philippines. Shin L. or quasijudicial agency and.

I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed. at Pagadian City. 7. 6. .6 Book No. Nidupiaz who exhibited to me his Community Tax Certificate No. or any other tribunal or quasi-judicial agency. the Court of Appeals. I have hereunto set my hand this 29th day of June 2013. No. MARLO S. IN WITNESS WHEREOF.444555 issued at Pagadian City. Philippines on January 6. 2013. Series of 2013.pending before the Supreme Court. Philippines. Shin L. this 29th day of june 2013. PORLE NOTARY PUBLIC Doc. ATTY. by Shin L. Page No. Nidupiaz AFFIANT SUBSCRIBED AND SWORN to before me.