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Cecilleville Realty and Services Corporation vs.

Court of Appeals, et
G.R. No. 120363
September 5 1997
This case is about the land tenancy act and the building of homes
Cecilleville Realty and Services Corporation (Petitioner) is an owner of
a parcel of land in Catmon, Sta. Maria, Bulacan. Ana Pascual (Pascual) is a
tenent of the said land and thus lives within a parcel of land therein. Her son,
Herminigildo Pascual ( Private Respondent), assists her in her duties as a
tenant since she is already of old age and infirm. The respondent does not
live in the home of Pascual, but instead has his own home in the same
portion of land.
Despite the repeated demands of the petitioner for the private
respondent to vacate the land, the respondent refuses to do so since he
helps his mother to tend the land which she is entitled to.
Petitioner instituted an ejectment suit against the private respondent
before the Municipal Trial Court (MTC) of Sta. Maria, Bulacan. The MTC
ordered private respondent to vacate the land and pay the some of P500
monthly from the filing of the complaint.
Private Respondent appealed to the Regional Trial Court (RTC) which
set aside the decision of the MTC and remanded the case to the Department
of Agrarian Reform Adjudication Board (DARAB).
Petitioner moved for reconsideration, but to no avail, hence petitioner
appealed to the Court of Appeals (CA). The CA dismissed the petition since it
was devoid of merit.
Dissatisfied petitioner filed the instant petition for review on certiorari to this

Whether or not private respondent is a tenant of the said land which

entitles him to create an abode of his own.
Petition is GRANTED
According to Republic Act no. 1199, as amended by RA 2263,:
Sec. 5.
(a) A tenant shall mean 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
latters consent for purposes of production, sharing the produce with the
landholder under the
share tenancy system, or paying to the landholder a price certain or
ascertainable in produce or
in money or both, under the leasehold tenancy system.
(o) Immediate farm household includes the members of the family of the
tenant, and such
other persons, whether related to the tenant or not, who are dependent
upon him for support
and who usually help him operate the farm enterprise.

It cannot be argued that the private respondent is entitled to help his

mother in cultivating his land since he is an immediate member of of Ana
Pascual's family.
What is of concern is that only a tenant may construct and maintain
his/her house in the said portion of land. Said home must be no more than
3% of the total land area of his land holding and provided that it does not
exceed 1000 sqm.
The purpose of the act is to "afford adequate protection to the rights of
BOTH tenants and landholders". It would be unfair to the land owners if the
courts would sustain the arguments of the private respondent. The land
would no longer be for efficient agricultural production but instead will
become a residential area filled with colonies of houses.
WHEREFORE, the petition is GRANTED. The part of the decision appealed
from which is

inconsistent herewith is REVERSED and SET ASIDE. The decision of the

Municipal Trial Court
directing the private respondent Herminigildo Pascual to vacate the portion
of the landholding
he occupies and to pay the petitioner attorneys fees in the amount of
P10,000.00 and another
sum of P500.00 monthly from the filing of complaint is hereby REINSTATED.
Costs against private respondent.