1) The Big Picture

Article 694 of the Civil Code defines nuisance broadly as any act, omission, condition of property, or “anything else” that, among others:

Injures or endangers health or safety;
Annoys or offends the senses;
Shocks, defies, or disregards decency or morality;
Obstructs or interferes with the free passage of any public highway or street or body of water; or
Hinders or impairs the use of property.

Because the definition is intentionally wide, street-side parking can be a nuisance when it crosses those statutory lines. Whether a particular instance qualifies depends on facts, context, and local regulation.

2) Types of Nuisance and Why They Matter

a) Public vs. Private Nuisance

Public nuisance: Affects a community, a neighborhood, or a considerable number of persons (e.g., parking that routinely chokes a narrow barangay road or blocks a public sidewalk).
Private nuisance: Injures one or a few identifiable persons by interfering with the use or enjoyment of their property (e.g., a neighbor permanently “storing” a van that blocks your driveway).

b) Nuisance per se vs. per accidens

Nuisance per se: By its very nature is a nuisance at all times (e.g., a vehicle positioned so it immediately endangers safety or directly blocks a public thoroughfare).
Nuisance per accidens: Becomes a nuisance because of circumstances (e.g., ordinarily lawful street parking that, due to time, place, frequency, or manner, substantially obstructs traffic or recurring access).

Why this classification matters:

A nuisance per se may be summarily abated (removed) by authorities for public safety.
A nuisance per accidens generally requires factual determination (i.e., notice and opportunity to be heard) before abatement.

3) Street-Side Parking Through the Lens of Article 694

When parking may qualify as a nuisance (illustrative, not exhaustive):

Obstruction of free passage (core of Art. 694):
- Double-parking that narrows a road below passable width;
- Parking on a blind curve or crest causing recurrent near-collisions;
- Occupying sidewalks, pedestrian crossings, or wheelchair ramps;
- Blocking fire lanes, hydrants, or barangay/emergency access;
- Long-term “dead” vehicles effectively converting a public space into private storage.
Endangerment to health or safety:
- Parking that forces pedestrians onto the carriageway;
- Vehicles leaking fuel/fluids, attracting vermin, or accumulating debris.
Impairment of the use of property (private nuisance):
- Repeatedly blocking a private driveway or gate;
- Parking that prevents an owner from ingress/egress or using a garage.
Annoyance/offense to the senses:
- Habitual idling with excessive smoke or noise late at night;
- Modified exhausts repeatedly disturbing nearby residences.

When parking is unlikely to be a nuisance:

Lawful, temporary curbside parking that does not obstruct passage or access, complies with traffic signs/markings, and does not create safety hazards, even if inconvenient to others.

4) Interplay With Traffic and Local Laws

Civil Code (Arts. 694–707): Supplies the nuisance framework (definitions, remedies, abatement).
Land Transportation and Traffic Code (RA 4136) and LGU traffic/parking ordinances: Specify illegal parking, towable offenses, no-parking zones, loading/unloading, one-side-only parking on narrow streets, etc.
Barangay, city/municipal ordinances and MMDA/traffic management bodies (where applicable): Provide operational rules, fines, and towing/impound procedures.
Subdivision/condo restrictions and homeowners’ association (HOA) rules: Bind residents and guests; violations may be administrative and constitute nuisance if they obstruct or endanger.

Key practical point: Even if a car is technically “parked,” Article 694 targets the effects, not the label. A legally parked vehicle can still be a nuisance per accidens if, in context, it obstructs free passage or endangers safety.

5) Who Can Act—and How

A. Public nuisance

Public officials (mayor/LGU, traffic enforcement, police) may abate a public nuisance; if it is per se, summary abatement may be justified to remove immediate danger (e.g., towing a car blocking an intersection).
Any private person may sue to abate a public nuisance if they suffer special injury (property injuriously affected or personal enjoyment materially lessened).

B. Private nuisance

The affected property owner/possessor may file a civil action to abate and recover damages.

C. Self-help abatement (limited)

The Civil Code allows abatement without judicial proceedings in narrow circumstances. For parking:
- Only when the situation is a clear nuisance (ideally per se) and immediate action is necessary;
- Must be done without breach of the peace, using no more force than necessary;
- Notice to the owner (where feasible) and care to avoid unnecessary damage.
- In practice, call authorities—self-help is risky and can backfire if a court later rules it was not a nuisance.

6) Remedies and Proceedings

Civil remedies

Abatement (injunction or removal order).
Damages (actual, and in proper cases, moral/exemplary).
Attorney’s fees/costs in exceptional cases.

Administrative

Tickets, fines, towing, and impound under RA 4136 and local ordinances.
HOA sanctions for private communities.

Criminal

Some conduct accompanying the obstruction (e.g., disobedience to lawful orders, malicious mischief) may trigger penal liability under the Revised Penal Code or special laws, depending on the facts.

Due process

For per accidens cases, expect notice-and-hearing before abatement.
For per se and immediate hazards, summary measures (e.g., towing) are generally sustained if procedures in ordinances are followed (e.g., inventory, photographs, receipts, redemption process).

7) Fact Patterns: How Tribunals Tend to Analyze

Vehicle blocks a public driveway/garage apron daily
- Likely private nuisance (impairs use of property) and public nuisance if it impacts many. Abatement and damages are plausible; ticket/tow under local rules.
Long-term storage of junked vehicles on a narrow public street
- Obstructs free passage; safety risks; public nuisance; tow/impound proper. If on private frontage but protruding into the roadway/sidewalk, still actionable.
Short-term parking outside a residence, no signs, wide street, no obstruction
- Generally not a nuisance. Mere inconvenience is not enough without substantial interference or hazard.
Parking on sidewalks / pedestrian crossings
- Obstructs free passage; nuisance and typically illegal under ordinances; summary towing is commonly sustained.
Emergency access routes/fire hydrants
- Safety is paramount; typically treated as nuisance per se—immediate abatement.

8) Evidence and Practical Tips

Document the obstruction: photos/videos (with timestamps), street width, presence of signs/markings, recurring frequency, alternative routes, near-misses/incidents, noise/smoke.
Show substantiality: logs of how often, how long, and specific impacts (missed work, trapped vehicles, deliveries blocked).
Check the rulebook: barangay and city/municipal ordinances (no-parking schedules, one-side parking rules, towing procedures), HOA rules, and any temporary traffic management directives.
Engage early: courteous notice to the vehicle owner often resolves issues; if not, report to barangay/LGU/traffic enforcers for measured enforcement.
Mind self-help limits: do not damage the vehicle; prefer official channels to avoid liability.

9) Defenses Commonly Raised—and Responses

“It’s a public street; I can park here.” Yes—unless your parking obstructs free passage, endangers safety, or impairs others’ property use. Article 694 focuses on effects, not entitlement.
“There’s no ‘No Parking’ sign.” Signs help, but are not required for nuisance: if conduct substantially obstructs or endangers, it can still be a nuisance and/or a violation under default rules (e.g., intersections, sidewalks).
“It’s only for a few minutes.” Even brief periods can be a nuisance when the risk is acute (e.g., blind curve, fire lane) or harm is repeated and foreseeable.
“I wasn’t warned before towing.” Viability depends on whether the situation was nuisance per se (immediate hazard) and whether local towing procedures (documentation, notices, redemption) were followed.

10) Checklist: Is This Street-Side Parking a Nuisance?

Does it obstruct the free passage of vehicles or pedestrians?
Does it endanger health or safety (visibility, emergency access, forcing pedestrians into traffic)?
Does it impair someone’s property use (blocking driveway/gate/garage)?
Is the interference recurring or substantial, not a minor inconvenience?
Are there ordinances or markings that the parking violates?
Have authorities previously cited or warned the vehicle/area?

If several answers are yes, you likely have a nuisance under Article 694—pursue documentation, LGU/traffic enforcement, and, if needed, civil remedies for abatement and damages.

11) Bottom Line

Street-side parking can absolutely be a legal nuisance in the Philippines when it obstructs public passage, endangers safety, or impairs the use of property as contemplated by Article 694.
Classification matters (public vs. private; per se vs. per accidens) because it determines who may act, how fast abatement may occur, and what procedures are due.
The most durable outcomes align Article 694’s standards with traffic laws and local ordinances, backed by clear evidence and measured enforcement.