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Pre Brief

This document is a pre-trial brief submitted by the plaintiffs, Miguel and Ara Dela Cruz, in their civil case against the defendants, Robert and Mary Sta. Cruz, for an easement of right of way. The plaintiffs own a property surrounded by other properties, including the defendants', with no adequate access to the public road due to a perimeter fence constructed by the defendants. The plaintiffs are willing to pay the defendants a reasonable price for the right of way and intend to present witnesses and documents to establish their need and entitlement to the easement.

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305 views

Pre Brief

This document is a pre-trial brief submitted by the plaintiffs, Miguel and Ara Dela Cruz, in their civil case against the defendants, Robert and Mary Sta. Cruz, for an easement of right of way. The plaintiffs own a property surrounded by other properties, including the defendants', with no adequate access to the public road due to a perimeter fence constructed by the defendants. The plaintiffs are willing to pay the defendants a reasonable price for the right of way and intend to present witnesses and documents to establish their need and entitlement to the easement.

Uploaded by

No We
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines REGIONAL TRIAL COURT 7th Judicial Division Branch _____, Cebu City

SPOUSES MIGUEL and ARA DELA CRUZ Plaintiffs, -versusCIVIL CASE NO. _____________ FOR EASEMENT OF RIGHT OF WAY

SPOUSES ROBERT and MARY STA. CRUZ Defendants.

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PRE-TRIAL BRIEF PLAINTIFF by counsel, respectfully submits his Pre-Trial Brief, as follows:

POSSIBILITY OF AMICABLE SETTLEMENT Plaintiff owes much gratitude to the defendant, spouses Robert and Mary Sta. Cruz. Over the years, defendants have been good neighbor to the plaintiffs. It is of paramount interest of the plaintiff to amicably settle the case. Plaintiff is very much willing to pay the value of the area affected by the right of way for a reasonable amount as agreed to by both partied.

PROPOSED STIPULATION OF FACTS AND/OR ADMISSION OF FACTS Plaintiffs proposed to Defendants the following facts:

I. II. III. IV. V. VI.

That Plaintiffs property is surrounded by estates owned by different persons including the herein Defendants; That Plaintiffs had no adequate outlet to and from their estate to the public highway by reasons of the perimeter fence constructed by the Defendants; The plaintiffs are willing to pay the Defendants reasonable price over the area affected by the right of way; The isolation of the Plaintiffs property is not due to their own acts; The right of way claimed by the Plaintiffs is at the point least prejudicial to the Defendants estate for its only one (1) meter wide and fourteen meter long to the public highway.

ISSUES TO BE TRIED OR RESOLVED I. Whether or not Plaintiffs are entitled for easement of right of way;

EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED i. Annex A - certified copy of Transfer Certificate of Title no. 123 to establish the ownership of the land by herein plaintiff; ii. Annex B - Transfer certificate of title no. 124 to establish the ownership of the land by herein defendant that will serve as a servient estate; iii. Annex C - Sketch plan showing the location of the plaintiffs lot and defendants lot to establish the necessity of having a right of way; iv. Annex D - Copy of the letter which was sent to defendant to establish that a demand letter was duly served; v. Annex E - Copy plan for the proposed pathway as easement of right of way; vi. Annex F Copy of the letter refusal received by plaintiffs; vii. Annex G Copy of Certificate to file action issued by Barangay Chairman of Brgy. Ramos, Cebu City; WITNESSES TO BE PRESENTED a. Plaintiff intends to present the following witnesses:

i. Engr. Ronaldo D. Magpapilde to establish the necessity of having a right of way in favor of plaintiff; ii. Mick B. Rubio to prove that the lot of herein plaintiff where his dwelling house is located is surrounded by other immovables owned by other persons, and without adequate outlet to a public highway; iii. Plaintiff reserves the right to present other two witnesses not herein enumerated as deemed necessary.

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