Epal posters as vandalism & nuisance

News peg: MMDA tears down posters of “epal” politicians. [“epal” politicians are those who promote themselves  thru the visual media (tarps and posters) and the multimedia (ads and other forms of publicity) in the guise of sending out greetings, giving free services, “sponsoring” infrastructure.]

      Aside from the pertinent city ordinances prohibiting vandalism, the MMDA  may also rely on the following provisions of the Civil Code:

Book II.  Property, Ownership, and its Modifications. Title VIII.- Nuisance.  

“Art. 694. A 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 interferes with the free passage of any public highway or street, or any body of water; or

(5) Hinders or impairs the use of property.

(Underscoring supplied)

 

Art. 695. Nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition.

 

Art. 697. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence.

Art. 698. Lapse of time cannot legalize any nuisance, whether public or private.

Art. 699. The remedies against a public nuisance are:

(1) A prosecution under the Penal Code or any local ordinance: or

(2) A civil action; or

(3) Abatement, without judicial proceedings.

 

Art. 704. Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. But it is necessary:

 

(1) That demand be first made upon the owner or possessor of the property to abate the nuisance;

 

(2) That such demand has been rejected;

 

(3) That the abatement be approved by the district health officer and executed with the assistance of the local police; and

 

(4) That the value of the destruction does not exceed three thousand pesos.

 

Art. 705. The remedies against a private nuisance are:

 

(1) A civil action; or

 

(2) Abatement, without judicial proceedings.

 

Art. 706. Any person injured by a private nuisance may abate it by removing, or if necessary, by destroying the thing which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury. However, it is indispensable that the procedure for extrajudicial abatement of a public nuisance by a private person be followed.

 

Art. 707. A private person or a public official extrajudicially abating a nuisance shall be liable for damages:

 

(1) If he causes unnecessary injury; or

 

(2) If an alleged nuisance is later declared by the courts to be not a real nuisance.

 

“Typhoon Ferdie” & “is it the end of the world?”

copy-pasted from the official Twitter account of the Metro Manila Development Authority (MMDA), a government agency in charge of traffic regulation in the god-forsaken eternally traffic-jammed streets of Metro Manila, storified by InterAksyon.com (the blog followed the link from that story):

     Because of the incessant rains yesterday, a follower of the Twitter account of MMDA asked the authorities:

      “Is it the end of the world?”

          A related story from the news site (InterAksyon.com) said that the flurry of tweets yesterday showed netizens expressing worry or fear of another Ondoy or massive floods occurring yesterday because of the non-stop pitter-patter of rains. It was just a pitter-patter and not a slosh-gush for hours,  but people were afraid again. i’m no expert on social psychology, but someone should do a study – —  i think all of us have a collective Ondoy slight “post traumatic stress syndrome” , it’s like we’re all war survivors,  lived  through the same nightmare, some more than others, and are constantly reliving it everytime there are hard rains.

       Here’s how the MMDA calmed down the twitter-follower:

Good morning @MMDA. Any flood updates in España, Manila?

@lesterlintao we don’t have monitoring on that area. It’s under the local authorities, you may call Manila Traffic Hotline 527-3087.

 4:52 PM – 20 Jul 12 via TweetDeck · Details

20 JulOfficial MMDAOfficial MMDA ‏@MMDA

ADVISORY: Kindly read our time line for more info regarding on flood updates. Thank you. #mmda

@MMDA sta ana going to gil puyat passable po ba?

20 JulOfficial MMDAOfficial MMDA ‏@MMDA

@gwapolo we don’t have monitoring on that area. It’s under the local authorities, you may call Manila Traffic Hotline 527-3087.

4:52 PM – 20 Jul 12 via TweetDeck · Details

20 JulYasser BanaoYasser Banao ‏@yasserkb

@MMDA Katapusan na ba ng mundo?

@yasserkb no one knows sir. Pero sure po ako malapit na ang katapusan ng bwuan 🙂

4:51 PM – 20 Jul 12 via TweetDeck · Details

ADVISORY: Kindly read our time line for more info regarding on flood updates. Thank you. #mmda

@MMDA good am po, may monitoring po ba ku kung saan na mga flooded areas sa Manila?

20 JulOfficial MMDAOfficial MMDA ‏@MMDA

@JohnsonManabat we don’t have monitoring on that area. It’s under the local authorities, you may call Manila Traffic Hotline 527-3087.

 

4:51 PM – 20 Jul 12 via TweetDeck · Details

20 JulOfficial MMDAOfficial MMDA ‏@MMDA

@CrackerJackNM we don’t have monitoring on that area. It’s under the local authorities, you may call Manila Traffic Hotline 527-3087.

xxx    xxx   xxx    

translation: 

 To the MMDA: “Katapusan na ba ng mundo?” ( “Is it the end of the world?”)

From the MMDA: “No one knows, sir. Pero sure po ako na malapit na ang katapusan ng bwuan (sic) “(“No one knows, sir. But we are sure that what is at hand is the end of the month 🙂  ”