This case has been cited 4 times or more.
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2015-12-09 |
PERALTA, J. |
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| Concededly, the properties subject of the petition for annulment of deeds of sale and cancellation of titles cannot be considered as lands under the administration of the DAR or LBP, i.e., those already acquired for CARP purposes and distributed to qualified farmer-beneficiaries.[29] Hence, such petition is outside the DARAB jurisdiction under Section 1 (1.9),[30] Rule II of the 2003 DARAB Rules of Procedure. | |||||
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2008-07-28 |
CORONA, J. |
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| Moreover, a tenancy relationship can only be created with the consent of the true and lawful landholder.[22] There being supposedly a legal relationship, the intent of the parties and their agreement were important.[23] Petitioner's honest belief and impression that he was the tenant of the land did not necessarily make him one.[24] The actual meeting of the minds of the parties (i.e. the landowner and the tenant) to establish a landowner-tenant relationship for the purpose of agricultural production and with the objective to share harvests was necessary. | |||||
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2007-10-19 |
TINGA, J. |
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| Tenancy relationship can only be created with the consent of the true and lawful landholder who is either the owner, lessee, usufructuary or legal possessor of the land, and not thru the acts of the supposed landholder who has no right to the land subject of the tenancy.[29] Indeed, as petitioners insisted, there was no iota of evidence to show that Oliveros is one of the registered owners or that he has any right to the land as an owner or agent. His assertion on the face of the attestation is nakedly self-serving. | |||||
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2006-05-03 |
PANGANIBAN, CJ |
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| We clarify. To prove tenancy or an agricultural leasehold agreement, it is normally necessary to establish the following elements: 1) the parties are the landowner and the tenant or agricultural lessee; 2) the subject matter of the relationship is a piece of agricultural land; 3) there is consent between the parties to the relationship; 4) the purpose of the relationship is to bring about agricultural production; 5) there is personal cultivation on the part of the tenant or agricultural lessee; and 6) the harvest is shared between the landowner and the tenant or agricultural lessee.[14] | |||||