FACTS: Ernesto Rodriguez and other residents of South Zuzuarregui Avenue, Quezon City led on December !, "#$, an action for abatement of a %ublic nuisance &ith damages against Daytona Construction and Develo%ment Cor%oration' Daytona has a cement batching %lant for the manufacture of road and building concrete materials such as concrete aggregates' (he residents state that e)uence and sediment of the %lant has run over to the ad*acent lots' Cement dust has also caused %ollution to the area' (he %ollution has +illed many of the residents %lants' Also, their health has been a-ected, many being a-ected &ith res%iratory diseases'
ISSUE: .hether the Construction com%any is liable'
HEL: /es' /es' Des%ite all the %rocedural %loys used by Daytona to invalidate the decision of o f the (rial (rial Court, the Su%reme Court u%held the decision of the (rial Court0
12rom 12rom the uncontroverted evidence %resented by the %lainti-s, there is hardly any 3uestion that the cement dust coming from the batching %lant of the defendant cor%oration is in*urious to the health of the %lainti-s and other residents in the area' (he noise, the vibration, the smo+e and the odor generated by the day and night o%eration of the %lant must indeed be causing them serious discomfort and untold miseries' 4ts o%eration therefore violates certain rights of the %lainti-s and causes them damage' 4t is thus a nuisance and its abatement *ustied'5
