RAMCAR v. MILLAR, et. al.

GR No. 81262, August 25, 1989

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.
FACTS:
• Petitioner Ramcar, Inc. operates and maintains an auto
repair and body building shop at No. 1241 (formerly No.
1377) General Luna Street, Ermita, Manila.
• Ramcar Inc., has been granted a license and permit to
operate a garage; and it claims that such license entitles it
to conduct its body building business, and that Section 5
of Ordinance No. 2830, as amended by Ordinance No.
2906 of the City of Manila, allows it to conduct its
business at the present site. The said ordinance restricts
the kinds of business, buildings, and establishments that
may be built in commercial zones, and the enumeration of
permitted activities includes "6. Garage and gasoline
service stations."
FACTS:
• Respondents Millar, et. al. reside near or around the
shop. The respondents repeatedly complained to the
city authorities for the closure of the shop, but to no
avail because the city authorities were at loggerheads
as to whether the immediate vicinity where the
business of Ramcar is located in the residential zone.
• Consequently, they brought an action 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 during all
hours of the day up to nighttime; and its employees
oftentimes work on Sundays and holidays.
FACTS:
• The trial court dismissed the complaint.
• On appeal, the CA reversed the trial court's ruling,
declaring that the operation and maintenance of the
establishment of Ramcar, Inc. is a public nuisance
and violates the provisions of Zonification Ordinance
No. 2830, as amended by Ordinance No. 2906, of the
City of Manila; and ordering Ramcar, Inc. to remove
the said establishment and all buildings and
structures built therein within 30 days from the
finality of the judgment.
• Hence, this petition.
ISSUE:
• WON Ramcar, Inc.'s permit to operate as a
garage entitles it to conduct its business (body
building operations or activities) and that the
said business is not a nuisance according to
Ordinance No. 2906, as amended.
RULING:
• NO.
• 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.
RULING:
• 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.
RULING:
• Whether a particular thing is or is not a nuisance is a
question of fact and is properly within the jurisdiction of
the Court of Appeals, whose findings of fact are
conclusive on the Supreme Court.
• While Section 18 of Republic Act No. 409 grants
legislative powers to the municipal board to declare,
prevent, and provide for the abatement of nuisances,
inaction by the board does not preclude the ultimate
power of courts to determine the existence of a nuisance
in a particular case tried before them (Rutton vs. City of
Camden, 23 Am. Rep. 203, 209; Iloilo Cold Storage Co.
vs. Municipal Council, 24 Phil. 471).
RULING:

• The Supreme Court permanently enjoined

Ramcar, Inc. only from operating its body
building operations or activities in its present
location, without requiring the demolition of the
existing buildings.