This case has been cited 1 times or more.
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2015-08-12 |
JARDELEZA, J. |
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| In order for the DARAB and the RARAD to have jurisdiction over the case, therefore, a tenurial arrangement or tenancy relationship between the parties must exist. In determining tenancy relations between the parties, it is a question of whether or not a party is a de jure tenant. The essential requisites of a tenancy relationship are: (1) the parties are the landowner and the tenant; (2) the subject is agricultural land; (3) there is consent; (4) the purpose is agricultural production; (5) there is personal cultivation; and (6) there is sharing of harvests. All these requisites are necessary to create a tenancy relationship between the parties. The absence of one does not make an occupant, cultivator, or a planter, a de jure tenant. Unless a person establishes 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.[46] | |||||