RAMCAR, INC. VS EUSEBIO S.

MILLAR, ET AL

Facts: Ramcar operates and maintain an auto repair and body building shop. The six others resided near the shop brought an action in
the Court of First Instance of Manila to abate the establishment as a nuisance because of the activity of repairing and building bodies of
motor vehicles which involves tools and machineries which gives rise to too much noise and annoyance. The respondents repeatedly
complained to the city authorities for the closure of the shop however the city authorities were at loggerheads as to whether the
immediate vicinity where the business of Ramcar is located in the residential zone. The trial court dismissed the complaint and Millar, et
al appealed to CA which reversed the trial courts decision. Ramcar brought the decision to the SC.

Issue: Whether or not Ramcar, Inc. permit to operate as a garage entitles it to conduct its business and that the said business is not a
nuisance according to Ordinance No 2906 .

The said ordinance restricts the kind of business , buildings and establishment that may be built on commercial zones and the
enumeration of permitted activities includes Garage and gasoline service station

Held: The business of body building is not a nuisance per se; it becomes a nuisance only on the account of the location. To abate it, it is
not necessary to remove the buildings and structure built in the place where it is presently located, as these, or parts thereof may be
utilized for pursuits that are not forbidden by law or ordinance.

A body building shop is not within the purview of garage which designates a shop for storing, repairing and servicing motor vehicles,
being merely a modern substitute for the ancient livery stable. The term repair presupposes for decay, dilapidation, injury or partial
destruction of repaired element, for example broken or damaged parts of a structural whole to their original condition cannot apply to
building or remodelling of bodies or structures. Whether a particular thing is a nuisance is a question of fact and is properly within the
jurisdiction of the CA whose findings of fact that the noise created by the use of tools is in violation of zoning ordinance is conclusive. Sec
18 of RA 904 grants legislative powers to municipal board to declare, prevent and provide for the abatement of nuisances inaction by the
board does not preclude the ultimate case tried before them. The award of damages arising from a nuisance authorized under Article 697
and 2196 of the Civil Code.