Case Digest: Smart Communications, Inc. vs. Aldecoa, G.R. No. 166330. September 11, 2013
Nuisances CASE TITLE: Smart Communications, Inc. vs. Aldecoa GR No/ Date : G.R. No. 166330. September 11, 2013. PONENTE : Leonardo-De Castro, J. CASE WITH THE SC: Petition for Review on Certiorari under Rule 45 PROCEDURAL ANTECEDENTS: RTC - Abatement of Nuisance and Injunction CA - Appeal FACTS: Smart Communications, Inc. entered a lease with Florentino Sebastian on March 9, 2000, for a 300 sqm vacant lot in Barangay Vira, Roxas, Isabela. Petitioner, through Allarilla Construction, constructed a cellular base station with a 150-foot communications tower and a 25KVA diesel power generator. Surrounding the base station are houses, hospitals, clinics, and establishments, including properties of respondents. In May 23, 2000, respondents filed a complaint for abatement of nuisance and injunction alleging the following: The tower's height and structural weaknesses, drawing parallels to a similar tower collapse in 1998. Claimed health hazards due to noxious fumes and noise from the gene...