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CORNELIO DE JESUS v. MOLDEX REALTY

This case has been cited 6 times or more.

	GR No. 155580 2015-07-01	ROMEO T. CALUZOR v. DEOGRACIAS LLANILLO BERSAMIN, J.
In establishing the tenancy relationship, therefore, independent evidence, not self-serving statements, should prove, among others, the consent of the landowner to the relationship, and the sharing of harvests.[29]
	GR No. 171972 2011-06-08	LUCIA RODRIGUEZ v. TERESITA V. SALVADOR DEL CASTILLO, J.
As correctly found by the CA, the element of consent is lacking.[43] Except for the self-serving affidavit of Lucia, no other evidence was submitted to show that respondent's predecessors-in-interest consented to a tenancy relationship with petitioners. Self-serving statements, however, will not suffice to prove consent of the landowner; independent evidence is necessary.[44]
	GR No. 168164 2010-07-05	VICENTE ADRIANO v. ALICE TANCO DEL CASTILLO, J.
We agree with Vicente. The determination of whether a person is an agricultural tenant is basically a question of fact.[19] And, as a general rule, questions of fact are not proper in a petition filed under Rule 45.[20] But since the findings of facts of the DARAB and the CA contradict each other, it is crucial to go through the evidence and documents on record as a matter of exception[21] to the rule.[22]
	GR No. 172287 2010-01-15	WELFREDO CENEZE v. FELICIANA RAMOS NACHURA, J.
To support his claim, petitioner submitted a Certification issued by the BARC Chairman attesting that the former is a tenant of the landholding, but such certification is not binding on this Court. The certification or findings of the Secretary of Agrarian Reform (or of an authorized representative) concerning the presence or the absence of a tenancy relationship between the contending parties are merely preliminary or provisional in character; hence, such certification does not bind the judiciary.[14]
	GR No. 169472 2009-01-20	FRANCISCO LANDICHO v. FELIX SIA PUNO, C.J.
The existence of a tenancy relationship cannot be presumed and claims that one is a tenant do not automatically give rise to security of tenure.[59] For a tenancy relationship to exist, all of the following essential requisites must be present: (1) the parties are the landowner and the tenant; (2) the subject matter is agricultural land; (3) there is consent between the parties; (4) the purpose is agricultural production; (5) there is personal cultivation by the tenant; and, (6) there is sharing of the harvests between the parties.[60]
	GR No. 169472 2009-01-20	FRANCISCO LANDICHO v. FELIX SIA PUNO, C.J.
There was also no evidence presented to show that Federico and Buenaventura gave a share of their harvest to the Aragons. Independent evidence, such as receipts, must be presented to show that there was a sharing of the harvest between the landowner and the tenant.[67] And, assuming the landowners received a share of the harvest, it was held in the case of Cornelio de Jesus, et al. v. Moldex Realty, Inc.[68] that "[t]he fact of receipt, without an agreed system of sharing, does not ipso facto create a tenancy."[69]