This case has been cited 2 times or more.
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2013-10-23 |
SERENO, C.J. |
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| There is no evidence that the spouses Oliveros agreed to enter into a tenancy relationship with Quilo. His self-serving statement that he was a tenant was not sufficient to prove consent.[67] Precisely, proof of consent is needed to establish tenancy. | |||||
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2012-11-12 |
DEL CASTILLO, J. |
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| "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] | |||||