Documente Academic
Documente Profesional
Documente Cultură
February 1, 2012.*
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tural lessee. This rule proceeds from the principle that a tenancy
relationship, once established, entitles the tenant to a security of
tenure. The tenant can only be ejected from the agricultural
landholding on grounds provided by law.
Same Same While the law explicitly requires the agricultural
lessee and his immediate family to work on the land, the hiring of
farm laborers by the tenant on a temporary, occasional, or
emergency basis does not negate the existence of the element of
personal cultivation essential in a tenancy or agricultural
leasehold relationship.We have held that the employment of
farm laborers to perform some aspects of work does not preclude
the existence of an agricultural leasehold relationship, provided
that an agricultural lessee does not leave the entire process of
cultivation in the hands of hired helpers. Indeed, while the law
explicitly requires the agricultural lessee and his immediate
family to work on the land, we have nevertheless declared that
the hiring of farm laborers by the tenant on a temporary,
occasional, or emergency basis does not negate the existence of
the element of personal cultivation essential in a tenancy or
agricultural leasehold relationship. There is no showing that
petitioner has left the entire process of cultivating the land to
Allingag. In fact, respondent has admitted that petitioner still
farms the land.
Same Same The law provides that nonpayment of lease
rental, if proven, is a valid ground to dispossess the tenant from
the landholding.On respondents claim that she will cultivate
the land, it is no longer a valid ground to eject petitioner. The
original provision of Section 36 (1) of R.A. No. 3844 has been
removed from the statute books after its amendment by Section 7
of R.A. No. 6389 on September 10, 1971, to wit: SEC. 7. Section 36
(1) of the same Code is hereby amended to read as follows: (1) The
landholding is declared by the department head upon
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instant
petition.
[I.]
x x x IN AFFIRMING IN TOTO THE DECISION OF THE
DARAB AND IN FAILING TO CONSIDER THE TOTALITY OF
THE EVIDENCE OF THE PETITIONER THAT HE IS INDEED
A TENANT[]
[II.]
x x x IN RELYING MAINLY ON THE ABSENCE OF
RECEIPTS OF THE PAYMENTS OF LEASE RENTALS IN
DECLARING THE ABSENCE OF CONSENT AND SHARING
TO ESTABLISH A TENANCY RELATIONSHIP BETWEEN THE
PETITIONER AND THE RESPONDENT[ AND]
[III.]
xxx WHEN IT FOUND THAT THE PETITIONER HAS NOT
DISCHARGED THE BURDEN [OF] PROVING BY WAY OF
SUBSTANTIAL EVIDENCE HIS ALLEGATIONS OF TENANCY
RELATIONSHIP WITH THE RESPONDENT.10
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12Id., at p. 79.
13 Granada v. Bormaheco, Inc., G.R. No. 154481, July 27, 2007, 528
SCRA 259, 268.
14 Records, p. 9. Respondent said, Na siya ay tumatanggap ngunit
kaunti lamang.
15Id., at pp. 911.
16Id., at pp. 4849.
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17Supra note 13, at 271.
18 SEC. 5. Establishment of Agricultural Leasehold Relation.The
agricultural leasehold relation shall be established by operation of law in
accordance with Section [4] of this Code and, in other cases, either orally
or in writing, expressly or impliedly.
19Records, p. 20 (lupang sakahin).
20Id., at pp. 6768.
21 Id., at p. 9. Respondent said, kasalukuyan ay sinasaka ni Juan
Galope.
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22R.A. No. 3844, SEC. 37. Burden of Proof.The burden of proof to show the
existence of a lawful cause for the ejectment of an agricultural lessee shall rest
upon the agricultural lessor.
23 R.A. No. 3844, SEC. 7. Tenure of Agricultural Leasehold Relation.The
agricultural leasehold relation once established shall confer upon the agricultural
lessee the right to continue working on the landholding until such leasehold
relation is extinguished. The agricultural lessee shall be entitled to security of
tenure on his landholding and cannot be ejected therefrom unless authorized by
the Court for causes herein provided.
24 PerezRosario v. Court of Appeals, G.R. No. 140796, June 30, 2006, 494
SCRA 66, 82.
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(2)
The agricultural lessee failed to substantially comply
with any of the terms and conditions of the contract or any of the
provisions of this Code unless his failure is caused by fortuitous
event or force majeure
(3) The agricultural lessee planted crops or used the
landholding for a purpose other than what had been previously
agreed upon
(4) The agricultural lessee failed to adopt proven farm
practices as determined under paragraph 3 of Section [29]
(5) The land or other substantial permanent improvement
thereon is substantially damaged or destroyed or has
unreasonably deteriorated through the fault or negligence of the
agricultural lessee
(6) The agricultural lessee does not pay the lease rental when
it falls due: Provided, That if the nonpayment of the rental shall
be due to crop failure to the extent of seventyfive per centum as a
result of a fortuitous event, the nonpayment shall not be a
ground for dispossession, although the obligation to pay the rental
due that particular crop is not thereby extinguished or
(7) The lessee employed a sublessee on his landholding in
violation of the terms of paragraph 2 of Section [27].
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AS
AMENDED, OTHERWISE
KNOWN AS THE AGRICULTURAL LAND REFORM CODE, AND FOR OTHER PURPOSES.
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Castro,
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