This case has been cited 1 times or more.
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2011-08-24 |
PEREZ, J. |
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| An agricultural leasehold relationship is said to exist upon the concurrence of the following essential requisites: (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.[21] Once the tenancy relationship is established, the tenant is entitled to security of tenure and cannot be ejected by the landlord unless ordered by the court for causes provided by law.[22] In recognition and protection of the tenant's right to security of tenure, the burden of proof is upon the agricultural lessor to show the existence of the lawful causes for ejectment[23] or dispossession under Section 36 of Republic Act No. 3844 which provides as follows: Section 36. Possession of Landholding; Exceptions. -- Notwithstanding any agreement as to the period or future surrender, of the land, an agricultural lessee shall continue in the enjoyment and possession of his landholding except when his dispossession has been authorized by the Court in a judgment that is final and executory if after due hearing it is shown that: | |||||