This case has been cited 1 times or more.
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2010-01-15 |
NACHURA, J. |
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| In resolving this petition, the Court is guided by the principle that tenancy is not purely a factual relationship dependent on what the alleged tenant does upon the land; it is also a legal relationship.[11] A tenancy relationship cannot be presumed. There must be evidence to prove the presence of all its indispensable elements, to wit: (1) the parties are the landowner and the tenant; (2) the subject is agricultural land; (3) there is consent by the landowner; (4) the purpose is agricultural production; (5) there is personal cultivation; and (6) there is sharing of the harvest.[12] The absence of one element does not make an occupant of a parcel of land, its cultivator or planter, a de jure tenant.[13] | |||||