This case has been cited 4 times or more.
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2006-03-31 |
CHICO-NAZARIO, J. |
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| [28] Spouses Cayetano and Patricia Tiongson v. Court of Appeals, 215 Phil. 430, 437 (1984). | |||||
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2004-04-14 |
CARPIO, J. |
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| The essential requisites of tenancy relationship are: (1) the parties are the landholder and the tenant; (2) the subject is agricultural land; (3) there is consent; (4) the purpose is agricultural production; and (5) there is consideration.[16] The records establish that the Spouses Velasco are agricultural tenants of petitioner under the legal definitions. There is no dispute that petitioner is the owner-administrator of agricultural land planted to rice and tobacco by the Spouses Velasco who petitioner himself referred to as his "tenants." There is also no dispute that the "50-50 share cropping system between them was agreed upon by their predecessors and was subsequently carried by consensual agreement of the parties up to the present." Taken together, all these clearly establish the status of the Spouses Velasco as agricultural tenants. Moreover, whether a person is an agricultural tenant or not is basically a question of fact. As a rule, this Court does not disturb the findings of fact of the DARAB when affirmed by the Court of Appeals as in the present case.[17] | |||||
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2003-08-28 |
PANGANIBAN, J. |
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| Sixth, the fact of crop sharing, by itself, is not enough to establish tenancy.[49] It is not unusual for a landowner to receive the produce of the land from a caretaker who sows thereon. The fact of receipt, without an agreed system of sharing, does not ipso facto create a tenancy.[50] | |||||
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2003-04-29 |
BELLOSILLO, J. |
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| In Caballes v. DAR[40] the Court held that all these requisites must concur in order to create a tenancy relationship. The absence of one does not make an occupant or a cultivator thereof or a planter thereon a de jure tenant. This is so because 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.[41] | |||||