This case has been cited 1 times or more.
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2008-03-04 |
CHICO-NAZARIO, J. |
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| Personal cultivation by the tenant himself or any member of his immediate household thus remains a requisite in a tenancy relationship. We cannot overemphasize that this element was glaringly wanting in this case warranting the conclusion that the tenancy relationship between petitioner and respondents had been severed. And since a tenant maintains possession of the land only through personal cultivation, petitioner's leaving the disputed landholding into the hands of a third party amounts to abandonment and the eventual termination of the tenancy relationship between him and respondents.[16] Persons who do not actually work the land cannot be considered tenants. He who hires others whom he pays for doing the cultivation of the land ceases to hold, and is considered as having abandoned the land within the meaning of Sections 4, 5 and 8 of Republic Act No. 1199.[17] | |||||