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RAFAEL DIMACULANGAN v. GONDALINA CASALLA

This case has been cited 3 times or more.

	GR No. 154427 2009-05-08	ZACARIAS DELOS SANTOS v. CONSUELO B. PAPA BRION, J.
First. The complaint was based on P.D. No. 1517 or the Urban Land Reform Act (the Act) that grants preferential rights to landless tenants to acquire land within urban land reform areas.[8] The right of first refusal is provided by Section 6 of the Act, which states:Section 6. Land Tenancy in Urban Land Reform Areas. Within the Urban Zones legitimate tenants who have resided on the land for ten years or more who have built their homes on the land and residents who have legally occupied the lands by contract, continuously for the last ten years shall not be dispossessed of the land and shall be allowed the right of first refusal to purchase the same within a reasonable time and at reasonable prices, under terms and conditions to be determined by the Urban Zone Expropriation and Land Management Committee created by Section 8 of this Decree. [Underscoring supplied] A beneficiary of this Act must fulfill the following requirements: he or she (1) must be a legitimate tenant of the land for ten (10) years or more; (2) must have built his or her home on the land by contract; and (3) has resided on the land continuously for the last ten (10) years or more.[9] It is likewise imperative that the leased property be within a declared Area for Priority Development (APD) and Urban Land Reform Zone (ULRZ).[10]
	GR No. 170264 2009-03-13	JAMES ESTRELLER v. LUIS MIGUEL YSMAEL AUSTRIA-MARTINEZ, J.
In Dimaculangan v. Casalla,[18] the Court was emphatic in ruling that the protective mantle of P.D. No. 1517 and P.D. No. 2016 extends only to landless urban families who meet these qualifications: a) they are tenants as defined under Section 3(f) of P.D. No. 1517; b) they built a home on the land they are leasing or occupying; c) the land they are leasing or occupying is within an Area for Priority Development and Urban Land Reform Zone; and d) they have resided on the land continuously for the last 10 years or more.
	GR No. 176282 2008-08-22	VICTORIA FERNANDO v. SPS. REGINALDO LIM AND ASUNCION LIM AUSTRIA-MARTINEZ, J.
To be entitled to the beneficence of P.D. No. 1517, a party must provide prima facie evidence of the following facts: a) that the property being leased falls within an Area for Priority Development and Urban Land Reform Zone;[63] b) that the party is a tenant on said property as defined under Section 3 (f)[64] of P.D. No. 1517;[65] c) that the party built a house on said property;[66] and d) that the party has been residing on the property continuously for the last ten (10) years or more, reckoned from 1968.[67]