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ROXAS Y CIA v. JOSE R. CABATUANDO

This case has been cited 1 times or more.

2008-11-28
NACHURA, J.
Petitioner's counsel opines that there appears to be no decision by this Court on the matter; he thus submits that we should use the CA decision in Cabero v. Caturna. This is not correct. In an En Banc Decision by this Court in Roxas y Cia v. Cabatuando, et al.,[43] we held that under our law and jurisprudence, mere failure of a tenant to pay the landholder's share does not necessarily give the latter the right to eject the former when there is lack of deliberate intent on the part of the tenant to pay. This ruling has not been overturned.