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Republic of the Philippines 7th Judicial Region Regional Trial Court Branch ___ Dumaguete City

GONZALO BANLAT, Plaintiff,

CIVIL CASE NO. _________ FOR: EASEMENT OF ROAD RIGHT-OFWAY AND DAMAGES

- versus -

LORETA B. TRUMATA, Defendant. x--------------------------------------------x

PRE-TRIAL BRIEF

Plaintiff, through the undersigned counsel, before this Honorable Court, most respectfully submits this Pre-Trial Brief to wit:

STATEMENT OF THE CASE AND THEORY OF PLAINTIFF


Art. 617. Easements are inseparable from the estate to which they actively or passively belong. Art. 649. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity. A legal easement is one mandated by law constituted for public use or private interest and becomes a containing property right. As a mandatory or compulsory easement, it is inseparable from the estate to which it belongs. The essential requisites for an easement to be compulsory are: 1. the estate to which it belongs (dominant estate) is surrounded by other lands and has no adequate outlet to a public highway; 2. proper indemnity has been paid to the property where it will pass; 3. the isolation was not due to the acts of the owner of the dominant estate; 4. the right-of-way is claimed at a point least prejudicial to the servient estate; and, 5. to the extent consistent with the foregoing rules where the distance from the dominant estate to a public highway may be shortest. (Villanueva vs. Velasco, 346 SCRA 99)

Plaintiff is the absolute owner of two (2) parcels of lands known as Lot Nos. 7698 and 7647 located at Malungcay, Dauin, Negros Oriental. Defendant is the registered owner of a parcel of land known as Lot No. 7644 located at Malungcay, Dauin, Negros Oriental as evidenced by Original Certificate of Title No. 1506, situated along the Barangay Feeder Road. Plaintiffs property (dominant estate) is surrounded

by other immovables owned by separate and distinct individuals, and is without adequate access to the highway. The intended road-right-of-way traversing through the land of the defendants property (servient estate) is the shortest and only egress and ingress to and from plaintiffs land toward the barangay road. Plaintiff, due to the difficulty of bringing into his land several sacks of fertilizers using his truck, requested the defendant to grant the former an easement of road-right-of-way on her land, to which defendant has denied. Plaintiff now asserts that such easement is a right of which remedy from this Honorable Court is being sought in order to rectify the situation.

POSSIBILITY OF AMICABLE SETTLEMENT It is of paramount interest of the plaintiff that an amicable settlement be reached. Plaintiff is willing to pay for the road-right-of-way being requested and that such easement being prayed for be granted only along the boundary line of the road of the defendants land.

PROPOSED STIPULATION OF FACTS AND ADMISSIONS 1. That the plaintiff is the owner of the two parcels of land known as Lot Nos. 7698 and 7647. 2. That plaintiffs land is surrounded by other immovables and has no adequate access to the highway. 3. That servient estate known as Lot No. 7644 and covered by an Original Certificate of Title under the name of defendant Loreta Trumata as evidenced by OCT No. 1506 is located along the Barangay Feeder Road; 4. The validity and due execution of Original Certificate of Title No. 1506;

ISSUES TO BE RESOLVED

1. Whether or not such easement exists on the defendants estate. 2. Whether or not the plaintiffs (dominant) estate is surrounded by other lands and has no adequate outlet to a public highway; 3. Whether or not the isolation was not due to the acts of the plaintiff; 4. Whether or not the right-of-way is claimed at a point least prejudicial to the defendants (servient) estate; 5. Whether or not the intended road-right-of-way traversing through the land of the defendant (servient estate) is the shortest and only egress and ingress to and from plaintiffs land toward the barangay road. 6. Whether or not the plaintiff suffered moral and exemplary damages due to the actions of the defendant.

EVIDENCE FOR MARKINGS

Exhibit A Certified True Copy of Original Certificate of Title No. 1506 Purpose: To prove that the defendant is the sole owner of the parcel of land known as Lot No. 7644, Ps-759. Exhibit B A Machine Copy of the Letter addressed to Ms. Loreta B. Trumata by Mr. Gonzalo D. Banlat dated June 2, 2010 Purpose: To prove that a letter had been written by plaintiff addressed to the defendant requesting the latter to grant a road-right-of-way along the boundary line of her property in favor of the former. Exhibit C Registry Return Receipt Purpose: To prove that such letter of request stated above had been received by addressee Loreta B. Trumata. Exhibit D Affidavit of Gonzalo Banlat Purpose: To prove that he is in fact the owner of the parcels of land known as Lot Nos. 7698 and 7647 and that he had suffered tremendous worry, several sleepless nights, anxiety, wounded feelings, and other similar injury. Exhibit E Sertipikasyon sa Pagpasaka ug Sumbong (Certification to File Suit) Purpose: Plaintiff had summoned defendant before the Office of the Punong Barangay and the Pankat Ng Tagapagsundo to settle the issues at hand, but to no avail prompting the Lupon to issue such Certification to File Action.

WITNESSES TO PRESENTED

1. The plaintiff himself Purpose: To prove that he is in fact the owner of the parcels of land known as Lot Nos. 7698 and 7647; to authenticate the letter of request addressed to the defendant made by plaintiff; and to attest that he had suffered tremendous worry, several sleepless nights, anxiety, wounded feelings, and other similar injury. 2. Register of Deeds of Negros Oriental Purpose: To authenticate the existence of and due execution of Original Certificate of Title No. 1506. 3. Representative of the Provincial Office of the Department of Agrarian Reform Purpose: To attest to the correctness of the contents of OCT No. 1506.

TRIAL DATE Specifically, all Thursdays of the month, with the regular appearance of the undersigned counsel before this Honorable Court. RESPECTFULLY SUBMITTED. Dumaguete City, Philippines, September 5, 2012.

FLOYD BARRY C. AMAHIT Roll No. 12345/3-2-10 IBP No. 678910/6-9-10

Copy furnished: ATTY. RICHARD ENOJO Counsel for the Defense HVL Building, Dumaguete City Received by:_______________ Date:________________

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