Tuesday, December 06, 2011

Estate of Pasto Samson v. Mercedes & Ruberto Susano/Julian Chan v. Mercedes and Ruberto Susano, G.R. No. 179024/G.R. No. 179086. May 30, 2011.

Tenancy relation; elements. RA 1199, the Agricultural Tenancy Act of the Philippines, defines a tenant as a person who, himself and with the aid available from within his immediate farm household, cultivates the land belonging to, or possessed by, another, with the latter’s consent for purposes of production, sharing the produce with the landholder under the share tenancy system, or paying the landholder a price certain or ascertainable in produce or in money or both, under a leasehold tenancy system. For a tenancy relationship to exist, the following essential elements must be shown: (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. The presence of all of these elements must be proved by substantial evidence. Estate of Pasto Samson v. Mercedes & Ruberto Susano/Julian Chan v. Mercedes and Ruberto Susano, G.R. No. 179024/G.R. No. 179086. May 30, 2011





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