Moreover, nuisances are of two kinds: nuisance per se and nuisance per accidens.
The first is recognized as a nuisance under any and all circumstances,
because it constitutes a direct menace to public health or safety, and,
for that reason, may be abated summarily under the undefined law of
necessity. The second is that which depends upon certain conditions and
circumstances, and its existence being a question of fact, it cannot be
abated without due hearing thereon in a tribunal authorized to decide
whether such a thing does in law constitute a nuisance. (Iloilo Ice and
Cold Storage Co. vs. Municipal Council of Iloilo, 24 Phil., 471; Monteverde vs. Generoso, 52 Phil., 123, 127.) Appellants' smoked fish factory is not a nuisance per se.
It is a legitimate industry. If it be, in fact, a nuisance due to the
manner of its operation, then it would be merely a nuisance per accidens. (Iloilo Ice and Cold Storage Co. vs. Municipal Council of Iloilo, supra; Monteverde vs. Generoso, supra.)
Consequently, the order of the municipal president and those of the
health authorities issued with a view to the summary abatement of what
they have concluded, by their own findings, as a nuisance, are null and
void there having been no hearing in court to the effect
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