REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION

REGIONAL TRIAL COURT
ILOILO CITY, BRANCH __

MR. A Civil Case Number: _________

Plaintiff. For: Action for Easement of View

-versus-

MR. B
Defendant.
x------------------------------------x

COMPLAINT
Plaintiff, through counsel, states that:

1. MR. A (“Plaintiff”), of legal age, Filipino, with residence at Lot 2, Block 1, San Pablo Street,
Westville Subdivision, Molo, Iloilo City. He may be served with orders and processes of this
Court at the address of his counsel indicated below.

2. MR. B (“Defendant”) is also a Filipino, of legal age, and a resident of Lot 1, Block 1, San
Pablo Street, Westville Subdivision, Molo, Iloilo City.

3. Plaintiff is the registered owner of Lot 2, Block 1, San Pablo Street, Southville Subdivision,
Molo, Iloilo City (subject property), covered by Transfer Certificate of Title (TCT) No. T-
1234567

4. The subject property, which has been occupied by the Plaintiff for about seven (7) years, has
a one-storey residential house erected thereon and was purchased by him from the Defendant
in January 2015.

5. At the time of the purchase of the subject property from the Defendant, the one-storey house
was already constructed.

6. Also, at the time of the acquisition of the subject property, the adjoining lot, Lot 1, which is
owned by the Defendant, was an idle land without any improvements. Lot 1 is covered by
TCT No. T-7654321 registered under the name of the Defendant. Lot 1 remained empty until
the Defendant started the construction of a two-storey residential house therein on April 15,
2022.
7. The building constructed on Lot 1 is taller than the Plaintiff's one-storey residential house. As
such, the Defendant's building obstructed the Plaintiff's right to light, air, and view.

8. The Plaintiff questioned the Defendant how, prior to the construction on Lot 1, they received
enough bright and natural light from their windows. Since the construction rendered the
Plaintiff's house dark such that he is unable to do his normal undertakings in the bedroom,
living room and other areas of the house without switching on the lights. Furthermore, the
said structure constructed on Lot 1 is at a distance of less than three meters away from the
boundary line, in violation of Plaintiff’s easement.

PRAYER

The Plaintiff respectfully prays that:

1. He will be declared as having acquired the easement of light, air, and view against Lot 2;

2. The Defendant be prohibited from constructing any structure on Lot 2 taller than the
Plaintiff's one-storey residential house;

3. The Defendant be prohibited from building any structure on Lot 1 at a distance of less than
three meters from the boundary line;

Other equitable reliefs are likewise prayed for.

March 1, 2023, Iloilo City

MMR LAW FIRM

Unit 7 ABC Building, San Pedro Street, Molo, Iloilo City
Telephone No: (045)-410-4532
Email Address:mmrlawfirm@gmail.com

By:

(signed)
Atty. Elayne Mariano
Roll of Attorneys No. 1234
IBP Official Receipt No. 12345 January 7, 2023
PTR Official Receipt No. 67891 January 9, 2023
MCLE Certificate of Compliance VII-297666
 (signed)
Atty. Ethel Joi Mendoza
Roll of Attorneys No. 1235
IBP Official Receipt No. 12346 January 8, 2023
PTR Official Receipt No. 67892 January 10, 2023
MCLE Certificate of Compliance VII-123456

(signed)
Atty. Remelyn Rase
Roll of Attorneys No. 2468
IBP Official Receipt No. 12347 January 11, 2023
PTR Official Receipt No. 67893 January 12, 2023
MCLE Certificate of Compliance VII-123456

VERIFICATION / CERTIFICATION OF NON-FORUM SHOPPING

I, MR. A, of legal age, Filipino, single, and a resident of Lot 2, Block 1, San Pablo Street,
Westville Subdivision, Molo, Iloilo City, on oath state that:

1. I as the Plaintiff in the above-entitled case have caused this Complaint for Easement of
Light, Air, and View to be prepared;

2. I read and understood its contents which are true and correct of my own personal knowledge
and/or based on true records;

3. I have not commenced any action or proceeding involving the same issue in the Supreme
Court, the Court of Appeals or any other tribunal or agency;

4. To the best of my knowledge, no such action or proceeding is pending in the Supreme Court,
the Court of Appeals or any other tribunal or agency;

5. If I should thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake
to report that fact to the Court within five (5) days therefrom to this Honorable Court.

OPTION for Verification / CAFS

1. I as the Plaintiff in the above-entitled case have caused this Complaint for Easement of
Light, Air, and View to be prepared;
 2. I have read and understand the contents of the foregoing Petition/case and I attest to the
truthfulness of all the averments contained therein of my personal knowledge and
consistent with and in conformity with existing documents which are all relevant to the
Petition/ case and are readily available and accessible to me.

3. The petition is not filed to harass, cause unnecessary delay or needlessly increase the cost
of the litigation and the factual averments therein have evidentiary support or if
specifically identified, will likewise have evidentiary support after reasonable opportunity
for discovery

4. I further certify that I have not commenced nor aware of any other action involving me or
issues of the same tenor and no other. In the event that I become aware of such similar
action or case before the Supreme Court, the Court or Appeals or any other court or
tribunal, I hereby undertake to inform this Honorable Court and the other court or
tribunal before which said action is pending of such within five (5) days from the
discovery thereof.

(Signed)
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Affiant

SUBSCRIBED AND SWORN to before me this 1st day of March 2022 at Molo, Iloilo City
affiant exhibiting to me his PRC ID No.13579 issued on December 10, 2021 at Ilolilo City,
Philippines.

(signed)
Notary Public

Doc. No.: _________

Page No.: _________
Book No.: _________
Series of 20________