This case has been cited 2 times or more.
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2012-11-26 |
ABAD, J. |
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| Tenancy cannot be simply presumed. To exist, it must have the following elements: (1) the parties are the landowner and the tenant; (2) the subject matter of the relationship is agricultural land; (3) there is consent between the parties; (4) the purpose of the relationship is to bring about agricultural production; (5) there is personal cultivation on the part of the tenant; and (6) the harvest is shared between the landowner and the tenant.[4] Here, it appears from the records that the Amulongs did not enter into an agricultural lease with the owner. They cultivated the land at their own expense and for their own benefit and never shared the produce of the land with anyone. | |||||
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2012-02-01 |
VILLARAMA, JR., J. |
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| The essential elements of an agricultural tenancy relationship are: (1) the parties are the landowner and the tenant or agricultural lessee; (2) the subject matter of the relationship is agricultural land; (3) there is consent between the parties to the relationship; (4) the purpose of the relationship is to bring about agricultural production; (5) there is personal cultivation on the part of the tenant or agricultural lessee; and (6) the harvest is shared between the landowner and the tenant or agricultural lessee.[13] | |||||