REPUBLIC OF THE PHILIPPINES

REGION V
MUNICIPAL TRIAL COURT
Calabanga, Camarines Sur

EVELINA G. ESCUDERO,
Plaintiff,

-versus- CIVIL CASE NO.__20-001___

For: ABATEMENT OF NUISANCE
ROMUALDO C. JAVIER
Defendant.
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PRE-TRIAL BRIEF FOR THE PLAINTIFF

Plaintiff, thru counsel, and unto this Honorable Court, respectfully

manifests:

1. That plaintiff is willing to enter into a reasonable amicable settlement

with the defendant, provided the defendant will stop from burning his
trashes. Plaintiff demands that she be reimbursed of the medical
expenses incurred amounting to THIRTY THOUSAND PESOS
(Php30,000.00).

2. The plaintiff admits the following:

a. That there are two (2) nipa huts directly adjacent to the corner
places but those are her neighbors’ huts;
b. That the defendant has children staying at their house but
these children are normally healthy and has no such medical
condition cited at Paragraph 4 of the Answer.

c. Will the defendant admits that:

c1. He is burning his trashes at his backyard almost every morning

since June 1, 2020 up to date;

c2. He did not refrain from doing such act even if the Barangay
Captain told him to stop because there was no written prohibition from
the barangay on the matter, and he does not throw his trash to the
plaintiff’s property, and he has no control on what direction the wind will
bring the smoke from the burned trash;

c3. He admits that the smokes coming the fire are going towards the
direction of the plaintiff’s house.
 3. Issues to be resolved.
d. Whether or not defendant is burning his trashes at his
backyard.
e. Whether or not the smokes coming from the fire are going
towards the plaintiff’s house
f. Whether or not the defendant should reimburse the plaintiff
for medical expenses she incurred amounting to thirty
thousand pesos.
3. The plaintiff shall present herself as a witness. The facts and the
evidence that will be elicited for the purpose of establishing the
cause of action of plaintiff against the defendant will substantiate the
allegations in the complaint, among other purposes.
4. The plaintiff reserves the right to mark as well as to present
important documents during the pre-trial and during the
presentation of evidence proper. Particularly the plaintiff shall
present:
a. photos of the defendant burning his trashes;
b. photos of the smokes coming from defendants backyard;
c. medical x-ray certificate dated August 25, 2020;
d. Receipts of the medical expenses of the plaintiff;
e. certificate to file action from the Barangay Captain of Sabang,
Calabanga, Camarines Sur.
All said documents will be presented generally for the purpose of
substantiating the claims by plaintiff against the defendant.

5. Plaintiff invokes the provision of the Civil Code and allied with
existing law:

a. Article 20 of the New Civil Code.

b. Ecological Solid Waste Management Act of 200 or Republic Act
9003.
6. The plaintiff shall be available starting September 10, 2020, and she
request that the setting for the trial of this case in so far as plaintiff’s
presentation of evidence is concerned, be agreed upon during the
pre-trial.
WHEREFORE, it is respectfully prayed that this pre-trial brief be considered
substantial compliance.

Naga City, Philippines, September 8, 2020

 (SGD)
LUIS MAGNO S. AYO
IBP NO. LIFETIME MEMBERSHIP H00021
ROLL ATTORNEY NO. 27081988
PTR No. 88655, July 2, 2021, Naga City
MCLE Complaince No. IV-00000001/09-20-2019

Cc:
MARK OLYVER T. MARCO
Counsel for Defendant
IBP NO. 00000005, July 1, 2020, Naga City