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PHILIPPINE OVERSEAS TELECOMMUNICATIONS CORPORATION v. ENRIQUE GUTIERREZ

This case has been cited 3 times or more.

2015-08-12
JARDELEZA, J.
Nevertheless, that petitioners may have been actual occupants or tillers of the land, which may make them potential CARP beneficiaries, does not give rise to a tenancy relationship. As we held in Philippine Overseas Telecommunications Corporation v. Gutierrez, et al.:[49]
2015-01-26
DEL CASTILLO, J.
The next question now is whether a new tenancy relationship between Irene and the spouses Andal was subsequently formed. This becomes crucial because for the DARAB to have jurisdiction over the case, there must be a tenancy relationship between the parties.[43]
2008-07-30
CHICO-NAZARIO, J.
It must be initially emphasized that for the DARAB to have jurisdiction over a case, there must be a tenancy relationship between the parties.[25] We stress that a tenancy relationship cannot be presumed.[26] In order for a tenancy agreement to arise, it is essential to establish all its indispensable elements, viz: 1) the parties are the landowner and the tenant or agricultural lessee; 2) the subject matter of the relationship is an 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.[27]