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IAC and purpose is agricultural production; and (4) There is consideration; have not been met by
the private respondent.
Salvador Baltazar (MJ)
Ponente: Gutierrez
Tenancy relationship is indivisible. The two-hectare land subject of plaintiff's
alleged contract with Socorro Balagtas having been parcelled into seven (7) and
FACTS :
possession thereof relinquished/surrendered in 1965 results in the termination of
January 1981, Salvador Baltazar filed a verified complaint with Courts of Agrarian
plaintiff's tenancy relationship with the previous owner/landholder. Such being
Relation-Bulacan alleging that since January 1955 he had been continuous possession as
the case, he cannot now claim that the landholding in question consisting of
a share tenant of a parcel of land in Bulacan which was previously owned by Socorro Vda.
4,000 square meters, more or less, is being cultivated by him under the old
de Balagtas. Thereafter, the spouses Hilario began to threaten him to desist from entering
contract. The owner thereof Corazon Pengson has no tenancy relationship with
and cultivating the land.
him (plaintiff). (p. 25, Rollo)
Baltazar claims that he became sa tenant of Socorro by virtue of a kasunduan executed in
From the foregoing, it is clear that Corazon Pengson did not give her consent to Baltazar
1979. After the death of Socorro, he allegedly gave the share pertaining to the daughter of
to work on her land consisting of only 1,740 square meters. The law accords the
Socorro Corazon Pengzon. It was only in December 1980 that Baltazar knew that portion
landholder the right to initially choose his tenant to work on his land. For this reason,
of the land was already owned by the Hilarios.
tenancy relationship can only be created with the consent of the true and lawful
landholder through lawful means and not by imposition or usurpation. Mere cultivation of
The Hilarios, aver that they acquired the land from the PNB after it had been foreclosed.
the land by usurper cannot confer upon him any legal right to work the land as tenant and
CAR ruled that the land in question is not an agricultural land but a plain "bakuran". Hence,
enjoy the protection of security of tenure of the law.
Baltazar is not a tenant.
“Tenancy is not a purely factual relationship dependent on what the alleged
CA however remanded the case to the lower court for further proceesings on the ground
tenant does upon the land. It is also a legal relationship. The intent of the
that the findings of CAR were not supported by substantial evidence. In compliance, CAR
parties, the understanding when the farmer is installed, and, as in this case, their
admitted additional evidence.
written agreements, provided these are complied with and are not contrary to
law, are even more important."
Again, CAR declared Baltazar as non-tenant. Baltazar appealed with IAC, IAC set aside the
decision of the CAR and entitling Baltazar security of tenure on the land. Spouse Hilario
The respondent court ruled that the fact that the land in question is located in the
then petition for review.
poblacion does not necessarily make it residential. The evidence presented by the
petitioners sufficiently establishes that the land in question is residential and not
ISSUE : Whether Baltazar is a tenant.
agricultural. The records show that the disputed property, only 1,740 square meters in
area, is actually located in the poblacion of San Miguel, Bulacan not far from the municipal
RULING : The evidence presented is more than sufficient to justify the conclusion that
building and the church. The disputed lots were acquired at a foreclosure sale from the
Baltazar is not a tenant of the landholding. As a summary why he is not the tenant: (a)
Philippine National Bank. They were purchased as residential lots and the deed of sale
The kasunduan refers to 2-hectare land, while the landholding is only 4000 sqm. (b) When
describes them as "residential." The owner states that the land has only bananas and
Socorro died, no new contract was executed. (c) Corazon did not receive any rental or
pomelos on it. But even if the claim of the private respondent that some corn was planted
share from the produce of the land.
on the lots is true, this does not convert residential land into agricultural land.
The requirements set by law for the existence of a tenancy relationship, to wit: (1) The
parties are the landholder and tenant; (2) The subject is agricultural land; (3) The
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The presumption assumed by the appellate court, that a parcel of land which is located in
a poblacion is not necessary devoted to residential purposes, is wrong. It should be the
other way around. A lot inside the poblacion should be presumed residential or
commercial or non-agricultural unless there is clearly preponderant evidence to show
that it is agricultural.
The respondent court also failed to note that the alleged tenant pays no rental or share to
the landowners. Baltazar made a vague allegation that he shared 70-30 and 50-50 of the
produce in his favor. The former owner flatly denied that she ever received anything from
him,
WHEREFORE, the petition is GRANTED. The decision of the respondent Court of Appeals is
hereby REVERSED and SET ASIDE and the decision of the Court of Agrarian Relations is
AFFIRMED.
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