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neighbor in subdivision with workshop using spray paint

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bene esteban


Arresto Menor
Pls advise on what I can do about my neighbor who has a construction firm. We live in a subdivision, but she makes and spray paints her doors and cabinets for her projects in her workshop inside the subdivision, at the back of our house. The fumes are always getting inside our house. I and my baby are suffering from asthma. We tried to talk to her through the Homeowners' Association, but she has them by their necks. She said we should just build a taller wall. Pls help. Thank you.

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centro


Reclusion Perpetua
Lupon of the Barangay is a venue for mediation and resolution. This is conducted without the presence of lawyers with both parties represented mediated by a barangay official. Only when it is unresolved at this level can it be elevated to the courts for formal charges.

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karl rove


Reclusion Perpetua
bene esteban: I agree with centro, however, whom you are going to sue - the corporation? or the owner of the coporation. Kasi, may separate legal personality ang korporasyon. Now, kung korporasyon, hindi sakop ng barangay law ang pagdinig sa mga juridical person, only natural person are allowed as parties under PD 1508 (if I am not mistaken).

Now,question, paano napayagan ang isang corporation to operate (inside a private subdivision- I suppose ???), you have to do some research sa city planning development council or municipal development council about "zoning", meaning, tama ba ayon sa zoning ordinance (kung meron) na magpatayo ng isang korporasyon sa loob ng inyong pribadong corporation. At, paano nabigyan ng license to operate yung corporation inside said corporation.

The Homeowners association should take the cudgels for you. Otherwise, your association outlived its usefulness. I suggest, you make proper representation with your association, let your neighbors sign a petition demanding a mtng or if there is a montly meeting, request the concern to be included in the agenda.

What do you mean "hawak sa leeg" ung association (ang laki naman ng kamay nung may-ari nung korporasyon if she can hold them by her hands--joke lang, to cool off !)

If the association, despite your efforts to reach them, failed to hear your concern, I suggest the next thing for you to do, is file a complait before the mayor's office especially, the business permits department, and inquire why such corporation exist inside a private corporation.

If you know somebody from the local legislative council (Sanggunian) you can file also a complaint before the proper committee so that the committee could initiate a legislative inquiry. Do not be perturb if you think you are doing it solo, dahil karamihan kibitzers pagdating sa ganyang problema, pero pag dumating na ang benefits, all of them would claim credit.

After all this administrative remedies were exhausted, and it fails, despite diligent efforts on your part, then you can opt to take judicial action by way of remedy.

thank you.

Atty Karl Rove

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bene esteban


Arresto Menor
Thank you for both of your advices. The Lupon ng Barangay called for 3 confrontations, but my neighbor never showed her face. They issued a certification stating this. I will then go to the Permits and Licensing Office to present my complaint. Thank you again.

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centro


Reclusion Perpetua
Thank you for the update stating that a certification has been issued to file the case to the proper court. All the best.

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