Case Digest: Ilo-ilo Cold Storage Co. vs. Municipal Council G.R. No. L-7012 I March 26, 1913

FACTS:

The plaintiff, upon authority granted by the defendant, constructed an ice and cold storage plant in the city of Iloilo. Sometime after the plant had been completed and was in operation, nearby residents made complaints to the defendant that the smoke from the plant was very injurious to their health and comfort. Thereupon the defendant appointed a committee to investigate and report upon the matters contained in said complaints. The committee reported that the complaints were well-founded. In a resolution, the plaintiff was given one month to proceed with the elevation of said smokestacks, and if not done, the municipal president will execute the order requiring the closing or suspension of operations of the establishment.

Upon receipt of this resolution and order, the plaintiff commenced this action in the Court of First Instance to enjoin the defendant from carrying into effect the said resolution.

ISSUE:

Whether or not the Municipal Council has the power to declare the plant of the petitioner a nuisance.

DECISION:

The Municipal Council does not have the power to declare the plant of the petitioner a nuisance because the determination of a nuisance can be decided by the court alone. Municipal councils have the power to declare and abate nuisances, but it is equally clear that they do not have the power to find as a fact that a particular thing is a nuisance when such thing is not a nuisance per se; nor can they authorize the extrajudicial condemnation and destruction of that as a nuisance which in its nature, situation, or use is not such. These things must be determined in the ordinary courts of law. In the present case it is certain that the ice factory of the plaintiff is not a nuisance per se. It is a legitimate industry, beneficial to the people, and conducive to their health and comfort. If it be in fact a nuisance due to the manner of its operation, that question cannot be determined by a mere resolution of the board. The petitioner is entitled to a fair and impartial hearing before a judicial tribunal.