This case has been cited 2 times or more.
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2005-10-25 |
TINGA, J. |
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| Mere occupation or cultivation of an agricultural land does not automatically convert a tiller or farmworker into an agricultural tenant recognized under agrarian laws. The essential requisites of a tenancy relationship are: (1) the parties are the landowner and the tenant; (2) the subject is agricultural land; (3) there is consent among the parties; (4) the purpose is agricultural production; (5) there is personal cultivation; and (6) there is sharing of harvests. All these requisites must concur in order to create a tenancy relationship between the parties.[15] In the case at bar, it has not been sufficiently established that private petitioners' occupation and cultivation of the disputed property was with the consent of the landowners. | |||||
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2002-01-30 |
PARDO, J. |
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| (6) there is sharing of harvests.[9] All these requisites must concur in order to create a tenancy relationship between the parties. The absence of one does not make an occupant of a parcel of land, or a cultivator thereof, or a planter thereon, a de jure tenant. 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.[10] | |||||