1. A, owns a poultry which he set up in a barangay far from residential areas.

After a year of operations, his employees asked that they be allowed to set up houses near the poultry so that they would not have to travel far. A agreed to their request and eventually, houses were set up along the poultry. After ten years, more houses were constructed, as the family of the employees grew larger. The residents of the houses near the poultry eventually started complaining about the foul odor emitted by the poultry and they decided to file a petition to abate the poultry as a nuisance.

a. Argue as the lawyer for the residents. Nuisance may be classified as a nuisance per se and nuisance per accidents. Nuisance per accidents is that which may be considered a nuisance by reason of circumstances, location or surroundings. In the case given, A set up a poultry in a baranggay far from residential areas, however the poultry becomes a nuisance per accident to the number of families who settled in the place as years passed. Furthermore, the poultry emitted a foul odor which endangers the health and Annoys or offends the senses of the residents The civil Code provides in Article 694 that Nuisance is any act, omission, establishment, business, condition of property, or anything else which: 1. Injures or endangers the health or safety of others; or 2. Annoys or offends the senses; or 3. Shocks, defies or disregards decency or morality; or 4. Obstructs or interfere with the free passage of any public highway or street, or any body of water; or 5. Hinders or impairs the use of property. Therefore, the poultry is a nuisance per accident. b. Argue as the lawyer of A. The poultry is not a nuisance since it is understandable that it qualifies for sanitary requirement of the local government unit of which it intends to operate. In the given problem, the poultry was set up in a baraggay which is far from residential areas however the employees asked that they be allowed to set up houses near the poultry so that they would not have to travel far, they know in the first place that the poultry emitted a foul odor but they insist of residing near the poultry.

c. If you were the judge, what would be your decision?

2. Anton is married to Beth. Beth has a sister named Cathy. Cathy is married to Dennis.

Question: a. What is the legal relationship of Anton and Dennis, if there is any? Anton is not related to Anton either by reason of affinity or consanguinity.

b. Assuming that Anton is the mayor of Pagotpot City. Can he appoint Dennis as the City Treasurer, a position that is permanent and not co-terminus? Yes. Anton can appoint Dennis as the City Treasurer because affinity nor consanguinity is not a
requirement for the the appointment of a City Treasurer.

The Qualification of the City Treasurer as provided by the Local Government Code of 1991(RA 7160) are as follows: a. A holder of college degree preferably in commerce, public administration or law from recognized college or university; b. First grade civil service eligibility or its equivalent; c. Acquired experience in treasury o accounting service for at least 5 years in the case of provincial or City or Provincial Treasurer; d. a resident of the Local Government unit concerned; and e. Of good moral character. Therefore, Anton can legally appoint Dennis as the City Treasurer.

3. May a person who is not a Filipino citizen own real properties in the Philippines? Cite instances where he is allowed, if ever.
Yes. Non- Filipino citizens may own real properties in the Philippines only under the following circumstances):

1. Acquisition of real property by hereditary succession. 2. Acquisition of real property under the 1935 Philippine Constitution. 3. Purchase of not more than 40% of the units in a condominium project in the Philippines. 4. Purchase by former natural born Filipino citizens, subject to the requirements or limitations prescribed by law: 5. Acquisition shall not exceed 1,000 square meters for urban land or 1 hectare for rural land to be used solely for residential purpose of the transferee (Batas Pambansa, Blg. 185) (under the Foreign Investment Code, Republic Act 8179, 5,000 square meters for urban land or 3 hectares for rural land for business or other purposes of the transferee); In case of married spouses, one or both of them may avail of the privilege provided that the total area shall not exceed the maximum limit provided by law. When the transferee already owns urban or rural lands for residential purpose, he shall be entitled to acquire additional urban or rural land for residential purpose which, when added to those already owned by him, shall not exceed the maximum area allowed by law.