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FRANCISCO LANDICHO v. FELIX SIA

This case has been cited 4 times or more.

	GR No. 178622 2012-11-12	LUCIANO LADANO v. FELINO NERI DEL CASTILLO, J.
"A tenancy relationship arises between a landholder and a tenant once they agree, expressly or impliedly, to undertake jointly the cultivation of a land belonging to the landholder, as a result of which relationship the tenant acquires the right to continue working on and cultivating the land."[64] For a tenancy relationship, express or implied, to exist, the following requisites must be present: (1) the parties must be landowner and tenant or agricultural lessee; (2) the subject matter is agricultural land; (3) there is consent by the landowner; (4) the purpose is agricultural production; (5) there is personal cultivation by the tenant; and (6) there is sharing of harvests between the landowner and the tenant.[65] Independent and concrete evidence of the foregoing elements must be presented by the party asserting the existence of such a relationship.[66] They cannot be arrived at by mere conjectures or by presumptions.[67] "Unless a person has established his status as a de jure tenant, he is not entitled to security of tenure [nor is he] covered by the Land Reform Program of the Government under existing tenancy laws."[68]
	GR No. 179024 2011-05-30	ESTATE OF PASTOR M. SAMSON v. MERCEDES R. SUSANO VILLARAMA, JR., J.
For a tenancy relationship to exist between the parties, the following essential elements must be shown: (1) the parties are the landowner and the tenant; (2) the subject matter is agricultural land; (3) there is consent between the parties; (4) the purpose is agricultural production; (5) there is personal cultivation by the tenant; and (6) there is sharing of the harvests between the parties.[60] The presence of all of these elements must be proved by substantial evidence.[61]
	GR No. 168164 2010-07-05	VICENTE ADRIANO v. ALICE TANCO DEL CASTILLO, J.
Neither can we agree with the DARAB's theory of implied tenancy because the landowner never acquiesced to Vicente's cultivating the land. Besides, for implied tenancy to arise it is necessary that all the essential requisites of tenancy must be present.[32]