Dear PAO,

We live in a rural yet populated community in Aurora, Isabela. Myra, one of our neighbors, keeps a piggery in her backyard to augment her income by selling pigs. In the beginning, we tolerated the awful smell and noise because she was only raising a few pigs. However, as months went by, she now maintains a total of 25 pigs, and the foul odor, loud noises and animal wastes they produce are unbearable. We tried to speak to Myra regarding the issue, but we were only ignored. She said that as a landowner, she has the right to do what she pleases with her property. Is she correct? Please advise us of our legal remedies.

Aris & Company

Dear Aris & Company,

Although Philippine law recognizes a landowner’s right to use and enjoy his or her property, such right is not absolute. No less than Articles 428 and 431 of the Civil Code of the Philippines provide that the exercise of ownership is subject to the limitations imposed by law, the rights of others, and the State’s inherent police power, to wit:

“Article 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.

“Article 431. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person.”

Consistent with these provisions, ownership carries not only rights but also corresponding obligations, and that property rights must yield when their exercise conflicts with the rights of others, requirements of the law, or legitimate exercise of the State’s police power.

Accordingly, Myra, the landowner, cannot invoke her right of ownership to justify acts that infringe upon the rights of neighboring property owners or violate enacted laws and regulations.

With respect to your complaint regarding the foul odor, excessive noise, and pollution allegedly emanating from the piggery, you and your companion may institute a complaint before the Katarungang Pambarangay. Pursuant to the provisions of the Local Government Code, the barangay shall summon the parties to appear before the Lupon Tagapamayapa, conduct mediation and, when necessary, conciliation proceedings, with the objective of facilitating an amicable settlement of the dispute.

However, should the parties fail to reach an amicable settlement during the barangay conciliation proceedings, you may institute the appropriate civil action for abatement of or damages arising from a nuisance before the proper court.

Alternatively, you may lodge a complaint with the appropriate city or municipal office having jurisdiction over sanitation, environmental, or zoning matters. If the piggery is found to be operating in violation of applicable local ordinances, zoning regulations, or public health and sanitation laws, the appropriate administrative proceedings may be initiated, and the responsible parties may be subjected to the corresponding administrative sanctions or penalties.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]