REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT

QUEZON CITY, BRANCH 5

SPOUSES A,

Plaintiff,                                                                  Civil Case No. 5151

                                         For: Easement of Light and View 

-versus-

MR. B,

Defendant.

x----------------------------x

PRE-TRIAL BRIEF 

Plaintiffs, by counsel, respectfully submits this Pre-Trial Brief as follows:

I.               Willingness to Submit the Case to Alternative Mode of Settlement

Plaintiffs are willing to submit the case to any alternative mode of settlement
for the speedy disposition of the case.

II.              Intention to Avail of Modes of Discovery

Plaintiffs manifest their intention to avail of the modes of discovery provided

for under the Revised Rules of Court.

III.            Willingness to abide to the possibility of summary judgment or

judgment on the pleading
 Plaintiffs further manifest their willingness to abide by the possibility of
summary judgment or judgment on the pleading if the Court finds that there is
a ground which will give rise to any of the two.

IV.            Concise Statement of Facts and Relief Prayed for

On March 20, 2019, Defendant purchased from the Plaintiffs a piece of land
located in Lot 1, Block 2, 3rd  Street,  New Manila, Quezon City as evidenced
by Deed of Sale, dated March 20, 2019. On January 1, 2020, Defendant
started the construction of a two-storey house which was taller than the one-
storey house of the Plaintiff which obstructed the right to light, air, and view of
the latter. Moreover, the structure erected by the Defendant on Lot 1, Block 2
is at a distance less than three (3) meters away from the boundary line.

Plaintiffs pray for the removal of the two-storey house constructed at a

distance less than three (3) meters away from the boundary line in violation of
Plaintiffs’ easement as well as damages, attorney’s fees and cost of the suit.

V.             Summary of Admitted Facts and Proposed Stipulation of Facts

1.     Defendant purchased from the Plaintiffs Lot 1, Block 2 on March 20,

2019

2.     Defendant began constructing a two-storey house on the said lot on

January 1, 2020

3.     The two-storey house was taller than the one-storey house of the
plaintiffs

4.     The two-storey house was erected at a distance less than three (3)
meters away from the boundary line.

VI.            Issues to be Resolved

1.     Whether or not Plaintiffs have acquired an easement of light and view.

2.     Whether or not Defendant is liable to pay damages, attorney’s fees and

cost of the suit.

VII.          Referral to Commissioners

 Plaintiffs manifest their willingness to submit the case to a Commissioner for
the simplification of the factual issues of this case.

VIII.         Documentary Evidence

Plaintiffs request the marking of the exhibits of the following documents:

1.     Transfer Certificate of Title (TCT) No. 8080 as Exhibit “A”

Purpose: Serves as evidence of ownership of Lot 1, Block 1 by herein

Plaintiffs

2. Transfer Certificate of Title (TCT) No. 9090 as Exhibit “B”

Purpose: Serves as evidence of ownership of Lot 1, Block 2 by herein

Defendant

3. Deed of Sale dated March 20, 2019 as Exhibit “C”

Purpose: Serves as evidence of the existence of a sale of Lot 1, Block 2 by

Plaintiffs to herein Defendant on March 20, 2019

IX.            Names of witnesses and Summary of Testimony

1. Mr. A

Purpose: As one of the plaintiffs, to prove that he is in fact the owner of

the parcel of land; to authenticate the letter of request addressed to the
defendant made by plaintiff; and to attest that he had suffered from fear,
anxiety, emotional distress, and several sleepless nights due to the
construction by defendant.

2. Mrs. A

Purpose: To prove that she is in fact the owner of the parcel of land, as
she is the spouse of Mr. A; to authenticate the letter of request addressed
to the defendant made by plaintiffs; and to attest that he had suffered
fear, anxiety, emotional distress, and several sleepless nights due to the
construction by the defendant.

3. Register of Deeds of Quezon City

Purpose: To authenticate the existence and due execution of the

Certificates of Title.

4. Mr. B
 Purpose: To prove that the subject land was purchased from Mr. A; to
prove that there exist an apparent sign of easement between the two
estates and that at the time of the division of the property, nothing is
stated in the document of alienation which is contrary to the easement nor
is the sign of easement removed before the execution of the document.

5. Mr. C

Purpose: To prove that Ms. C was the prior owner of the subject land and
that he sold the land in controversy to Mr. A.

6. Quezon City, City Engineer, Mr. Z

Purpose: To attest that the house was erected at a distance less than
three (3) meters away from the boundary line.

X.             Applicable Law and Jurisprudence

1.     Article 624 of the New Civil Code which states that the existence of an
apparent sign of easement between two estates, established or
maintained by the owners of both, shall be considered, should either of
them be alienated, as a title in order that the easement may continue
actively and passively, unless, at the time of the ownership of the two
estates is divided, the contrary should be provided in the title of
conveyance of either of them, or the sign aforesaid should be removed
before the execution of the deed.

2.     Spouses Garcia vs. Santos, G.R. No. 228334, June 17, 2019, where it
was held that it is evident that the prior existence of another structure or
building in the other estate, in addition to the apparent sign of easement
existing on the dominant estate, is not a requirement for the application of
Article 624. What is clear is that the hallmark of an easement of light and
view established by an apparent sign of easement under Article 624 is the
existence of an apparent sign of servitude between two estates, such as
a window, door, or any other opening, that was established by the
common owner of both estates prior to the division of ownership of these
estates.

PRAYER

         Plaintiff respectfully prays that this Court issue an Order taking
note of the submission of this Pre-Trial Brief.

        Other equitable reliefs are likewise prayed for.

 
 Quezon City, April 5, 2020 

        

JKF LAW FIRM

                                Unit 3508 GT Tower
                           123 Ayala Avenue, Makati City

                                                                             [email protected]
       (02) 8877-6655
 
    By:
 
(signed)
   Atty. Rajeen Jillian Del Valle Biasca

                                                       Unit 3508 GT Tower,

                           123 Ayala Avenue, Makati City
                                          (02) 8877-6655
                            [email protected]
                                          Roll No. 12345

                                                           IBP No. 12435; 10-10-20; IBP Makati City

       PTR No. 12354; 1-04-21; City of Makati
MCLE Compliance No. V-00001

 
(signed)
Atty. Roanna Cathrice B. Cabalonga

                                                   Unit 3508 GT Tower

                           123 Ayala Avenue, Makati City
                                          (02) 8877-6655
                             [email protected]
                                          Roll No. 21345

                                                           IBP No. 23145; 10-10-20; IBP Makati City

  PTR No. 24351; 1-04-21; City of Makati
MCLE Compliance No. V-00002
 
 (signed)
                      Atty. Jeselle Ann V. Dayrit 

                                                                      Unit 3508 GT Tower

                             123 Ayala Avenue, Makati City
                                                    (02) 8877-6655
                            [email protected]
                                          Roll No. 31245

                                                           IBP No. 32451; 10-10-20; IBP Makati City

  PTR No. 35142; 1-04-21; City of Makati
 MCLE Compliance No. V-00003
 
(signed)
Atty. Jeanne Pauline E. de la Pena

                                                                     Unit 3508 GT Tower

                             123 Ayala Avenue, Makati City
                                                    (02) 8877-6655

                                                 [email protected]

                                          Roll No. 41235

                                                          IBP No. 43215; 10-10-20; IBP Makati City

           PTR No. 45321; 1-04-21; City of Makati
                                                                  MCLE Compliance No. V-00004

 
(signed)
       Atty. Jeanne Pauline J. Dumaual

                                                       Unit 3508 GT Tower

                             123 Ayala Avenue, Makati City
                                          (02) 8877-6655
                                [email protected]
                                          Roll No. 51234

                                                           IBP No. 53124; 10-10-20; IBP Makati City

  PTR No. 54123; 1-04-21; City of Makati
                                                MCLE Compliance No. V-00005 

 
                                                                          (signed)
Atty. Mary Kate C.  Marcelo

                                                                 Unit 3508 GT Tower

                             123 Ayala Avenue, Makati City
                                                    (02) 8877-6655
                            [email protected]
                                          Roll No. 654321

                                                           IBP No. 643215; 10-10-20; IBP Makati City

         PTR No. 632145; 1-04-21; City of Makati
MCLE Compliance No. V-00006

 
 
 

Copy furnished:

 
Atty. Z

Counsel for Defendant

Unit 1818 Torre Lorenzo Bldg.

Taft Avenue, Manila

EXPLANATION 

A copy of this motion was filed and served via registered mail due to lack of personnel to effect
personal service.

 
(signed)
 Atty. Rajeen Jillian Del Valle Biasca

 
(signed)

             Atty. Roanna Cathrice B. Cabalonga

 
(signed)
Atty. Jeselle Ann V. Dayrit 
 
(signed)
            Atty. Jeanne Pauline E. de la Pena

 
(signed)
                 Atty. Jeanne Pauline J. Dumaual
 
(signed)

                                                              Atty. Mary Kate C.  Marcelo