This case has been cited 2 times or more.
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2015-07-01 |
BERSAMIN, J. |
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| We underscore that harvest sharing is a vital element of every tenancy. Common sense dictated, indeed, that the petitioner, if he were the de jure tenant that he represented himself to be, should fully know his arrangement with the landowner. But he did not sufficiently and persuasively show such arrangement. His inability to specify the sharing arrangement was inconceivable inasmuch as he had depended on the arrangement for his own sustenance and that of his own family. The absence of the clear-cut sharing agreement between him and Lorenzo could only signify that the latter had merely tolerated his having tilled the land sans tenancy. Such manner of tillage did not make him a de jure tenant, because, as the Court observed in Estate of Pastor M. Samson v. Susano:[35] | |||||
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2014-02-10 |
PERLAS-BERNABE, J. |
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| and the tenant; (b) the subject matter is agricultural land; (c) there is consent between the parties; (d) the purpose is agricultural production; (e) there is personal cultivation by the tenant; and (f) there is sharing of the harvests between the parties.[44] All the above elements must concur in order to create a tenancy relationship. Thus, the absence of one does not make an occupant of a parcel of land, a cultivator or a planter thereon, a de jure tenant entitled to security of tenure under existing tenancy laws.[45] The burden of proof rests on the one claiming to be a tenant to prove his affirmative allegation by substantial evidence. His failure to show in a satisfactory manner the facts upon which he bases his claim would put the opposite party under no obligation to prove his | |||||