This case has been cited 1 times or more.
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2006-09-19 |
SANDOVAL-GUTIERREZ, J. |
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| (3) The tenant shall have the right to demand for a home lot suitable for dwelling with an area of not more than 3 percent of the area of his landholding provided that it does not exceed one thousand square meters and that it shall be located at a convenient and suitable place within the land of the landholder to be designated by the latter where the tenant shall construct his dwelling and may raise vegetables, poultry, pigs and other animals and engage in minor industries, the products of which shall accrue to the tenant exclusively. The tenant's dwelling shall not be removed from the lot already assigned to him by the landholder, except as provided in section twenty-six, unless there is a severance of the tenancy relationship between them as provided under section nine, or unless the tenant is ejected for cause and only after the expiration of forty-five days following such severance of relationship or dismissal for cause. The grant of a home lot to an agricultural tenant is further provided for in Section 24 of Republic Act No. 3844,[13] as amended by Republic Act No. 6389, which states that "the agricultural lessee shall have the right to continue in the exclusive possession and enjoyment of any home lot he may have upon the effectivity of this Code, which shall be considered as included in the leasehold." Significantly, we have held that tenants are entitled to a home lot as an incident of their tenancy rights.[14] | |||||