Beruflich Dokumente
Kultur Dokumente
REFORM
WHAT IS SHARE
TENANCY?
Share Tenancy:
The parties are: the
landlord and the tenant
Share Tenancy:
The
relationship
is
contractual
(joint
undertaking )
Share Tenancy:
The
relationship
is
contractual
- The landlord furnishes
the land
Breakdown of Sec. 41
1. The landlord and the
tenant may enter into a
contract stipulating the
ratio of crop division; or
Breakdown of Sec. 41
2. Where no stipulation was
entered into, the customs
on of the place in the ratio
of share division shall
govern.
Essential Requisites of a
Tenancy Relationship
Essential Requisites of a
Tenancy Relationship
1. The parties are the
landowner/landlord and the
tenant or agricultural lessee
Essential Requisites of a
Tenancy Relationship
2. The subject matter of
the
relationship
is
agricultural land
Essential Requisites of a
Tenancy Relationship
4. The purpose of the
relationship is to bring
about
agricultural
production
Essential Requisites of a
Tenancy Relationship
5.
There
is
personal
cultivation on the part of
the tenant or agricultural
lessee; and
Essential Requisites of a
Tenancy Relationship
6. The harvest is shared
between the landowner and
the tenant or agricultural
lessee
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Effect of abolishment of
share tenancy:
Agricultural leasehold
tenancy was established by
operation of law
(Sec. 5)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Parties in a Leasehold
Tenancy:
1. The landlord/lessor
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Parties in a Leasehold
Tenancy:
1. The landlord/lessor
2. The Tenant-Lessee
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Who is the
LANDLORD/LESSOR?
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
He is the person (natural or
juridical) who furnishes the land
as:
1. Owner
2. Civil Law Lessee
3. Usufructuary
4. Legal Possessor
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Sec. 166. Definition of Terms. - As
used in Chapter I of this Code: xxx (3)
"Agricultural lessor" means a person,
natural or juridical, who, either as
owner, civil law lessee, usufructuary,
or legal possessor, lets or grants to
another the cultivation and use of his
land for a price certain.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Is this definition of a
landlord applicable to
circumstances
falling
under the CARL?
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Is this definition of a
landlord applicable to
circumstances
falling
under the CARL?
In my opinion, YES!
SECOND STAGE:
AGRICULTURAL LEASEHOLD
WHY?
SECOND STAGE:
AGRICULTURAL LEASEHOLD
WHY?
Because while the CARL covers
LANDOWNERS, still a leasehold
tenancy relationship may exist
as established by the legal
possessor who is not the
landowner.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
However, in this
scenario, the landowner
must have consented to
the instalment of
tenants.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
The
correct
view
that
must
necessarily be adopted is that the
civil law lessee, although a legal
possessor, may not install tenants on
the property unless expressly
authorized by the lessor. Valencia
vs. Court of Appeals [G.R. No.
122363, April 29, 2003]
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
He is also referred to as
the agricultural lessee
as defined under Section
166(2) of R.A. 3844
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Sec. 166. Definition of Terms. - As used in
Chapter I of this Code: xxx (2) "Agricultural
lessee" means a person who, by 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, for a price certain in
money or in produce or both. It is
distinguished from civil lessee as understood
in the Civil Code of the Philippines.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Sec. 166. Definition of Terms. - As used in
Chapter I of this Code: xxx (2) "Agricultural
lessee" means a person who, by 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, for a price certain in money or in
produce or both. It is distinguished from
civil lessee as understood in the Civil
Code of the Philippines.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Agricultural Leasehold
Tenancy
vs.
Civil Law Lease
(Gabriel vs. Pangilinan, G.R.
No. L-27797, Aug. 26, 1974)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Subject Matter
Cultivation
Purpose
Governing Law
Leasehold
Tenancy
Agricultural Land
rural or urban
property
Personal
cultivation by
tenant
Agricultural
production
Special Laws
Civil Code
SECOND STAGE:
AGRICULTURAL LEASEHOLD
A civil law lessee who fails to
return landholding to the LO
becomes a deforciant; He cannot
install a lawful tenant.
Valencia vs. Court of Appeals
[G.R. No. 122363, April 29, 2003]
SECOND STAGE:
AGRICULTURAL LEASEHOLD
But how do we
determine whether the
relationship is a
leasehold or a civil law
lease?
SECOND STAGE:
AGRICULTURAL LEASEHOLD
The principal factor in
determining whether a tenancy
relationship exists is intent.
(Valencia vs. Court of Appeals
[G.R. No. 122363, April 29,
2003])
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
. It is also a legal relationship.
The intent of the parties, the
understanding when the farmer is
installed, and their written
agreements, provided these are
complied with and are not contrary
to law, are even more important.
(Valencia case, ibid.)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
The fact of working on anothers
landholding does not raise
presumption of the existence of
a tenancy relationship.
(Berenguer, Jr. v. Court of
Appeals, G.R. No. L-60287
August 17, 1988)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
A tenancy relationship
cannot be presumed.
There must be evidence to
prove this allegation.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
"Agricultural Land" means land
devoted to any growth, including but
not limited to crop lands, salt beds,
fish ponds, idle land and abandoned
land as defined in paragraphs 18 and
19 of this Section, respectively.
(Sec. 166 (1), R.A. 3844, as
amended.)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Agricultural Leasehold
Contract in General
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Agricultural Leasehold
Contract in General
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Agricultural Leasehold Contract in General
SECOND STAGE:
AGRICULTURAL LEASEHOLD
The agricultural leasehold relation
shall be established by:
1. Operation of law in
accordance with Sec. 4, RA 3844.
2. Orally or in writing, express
or impliedly. (Sec. 5 RA 3844)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
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AGRICULTURAL LEASEHOLD
2. In a language or
dialect known
to the
agricultural lessee.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
3. Signed or thumb-marked
both by the agricultural lessee
personally and by the
agricultural lessor or his
authorized representative,
before two witnesses, to be
chosen by each party.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
4. The contracting parties shall
acknowledge the execution
of the contract before the
justice of the peace of the
municipality where the land is
situated. (No fees or stamps
required.)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
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AGRICULTURAL LEASEHOLD
The Agricultural Leasehold Contract
shall be conclusive between the
contending parties if not denounced
or impugned within thirty (30) days
after its registration, except, in case
of mistake, violence, intimidation,
undue influence or fraud.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Is registration required
for the validity /
effectivity of the
leasehold contract?
SECOND STAGE:
AGRICULTURAL LEASEHOLD
In my opinion,
registration is not
necessary for the
leasehold contract to be
valid / effective.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
REASON:
The law itself provides
that a leasehold contract
may be made orally.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
An agricultural leasehold relation is not
determined by the explicit provisions
of a written contract alone. Section 5
of Republic Act (R.A.) No. 3844, otherwise
known as the Agricultural Land Reform
Code, recognizes that an agricultural
leasehold relation may exist upon an oral
agreement.
(Galope vs. Bugarin, G.R. No. 18569, February 1, 2012.)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Even as we uphold time and again
the existence and validity of implied
agricultural tenancy agreements, we
encourage the forging of written
documents to prevent ambiguity as
to the terms set by both parties and
for them to express their intent in
clear language.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
An express tenancy agreement
would facilitate the aims of the
agricultural tenancy laws and
promote social justice for both
landowner and tenant.
(Valencia vs. Court of Appeals,
G.R. No. 122363, April 29, 2003)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
What is crucial and
indispensable is the existence of
the essential requisites /
elements of a leasehold tenancy
relationship.
(NICORP Management vs. De
Leon, G.R. No. 176942)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Essential
Requisites/Elements of
an Agricultural Tenancy
Relationship
SECOND STAGE:
AGRICULTURAL LEASEHOLD
This Court has synthesized the
principal elements of a leasehold
tenancy contract or relation as
follows:
(1) The object of the contract or the
relationship is an agricultural land
which is leased or rented for the
purpose of agricultural production;
SECOND STAGE:
AGRICULTURAL LEASEHOLD
(2) the size of the landholding
must be such that it is
susceptible
of
personal
cultivation by a single person
with
assistance
from
the
members of his immediate farm
household;
SECOND STAGE:
AGRICULTURAL LEASEHOLD
(3) the tenant-lessee must
actually and personally till,
cultivate or operate said
land, solely or with the aid of
labor from his immediate farm
household; and
SECOND STAGE:
AGRICULTURAL LEASEHOLD
(4) the landlord-lessor, who is
either the lawful owner or the legal
possessor of the land, leases the
same to the tenant lessee for a
price certain or ascertainable
either in an amount of money or
produce (Novesteras vs. CA, G.R. No.
L-36654, March 3, 1987)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Elements of Agricultural Tenancy
The following are the essential requisites for
the existence of a tenancy relation:
a)The parties are the landholder and the
tenant;
b)The subject is agricultural land;
c)There is consent by the landholder for
the tenant to work on the land, given either
orally or in writing, expressly or impliedly;
SECOND STAGE:
AGRICULTURAL LEASEHOLD
d)The purpose is agricultural
production;
e)There is personal cultivation
or with the help of the immediate farm
household; and
f)There is compensation in
terms of payment of a fixed amount in
money and/or produce.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
This is so because unless a
person has established his status
as a de jure tenant, he is not
entitled to security of tenure nor
is he covered by the Land Reform
Program of the Government
under existing tenancy laws."
SECOND STAGE:
AGRICULTURAL LEASEHOLD
The existence of tenancy
relationship entitles tenant to
security of tenure.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
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.
Galope vs. Bugarin, G.R. No. 18569,
February 1, 2012.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
One of the elements of a
tenancy relationship is that the
tenant must either personally or
with the help of his immediate
family household.
Can the tenant hire his own
farm laborers?
SECOND STAGE:
AGRICULTURAL LEASEHOLD
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.
(Galope vs. Bugarin, G.R. No. 18569,
February 1, 2012)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
RELEVANT JURISPRUDENCE
SECOND STAGE:
AGRICULTURAL LEASEHOLD
ELEMENT: LOs consent for Tenant to work
on land
The fact alone of working on anothers
landholding does not raise a presumption
of the existence of agricultural tenancy.
Valencia vs. Court of Appeals [G.R. No.
122363, April 29, 2003]
SECOND STAGE:
AGRICULTURAL LEASEHOLD
ELEMENT: LOs consent for Tenant to work
on land
Occupancy and continued possession of
the land will not ipso facto make one a de
jure tenant. (Heirs of Barredo vs. Besanes,
G.R. No. 164695, December 13, 2010.)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
ELEMENT: Personal Cultivation
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. (Galope vs. Bugarin, G.R. No.
18569, February 1, 2012)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
ELEMENT: Compensation
Bejasa v. Court of Appeals similarly
ruled that to prove sharing of harvests,
a receipt or any other evidence must be
presented as self-serving statements are
deemed inadequate. (Valencia vs. Court
of Appeals [G.R. No. 122363, April 29,
2003])
SECOND STAGE:
AGRICULTURAL LEASEHOLD
RIGHTS ON AN
AGRICULTURAL LESSEE
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Right to Security of Tenure
The tenant-lessee has the right to the
possession and peaceful enjoyment of the
land (Sec. 71 RA 3844)(Bernardo vs. CA,
168 SCRA 439)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Right to a Homelot
(Sec. 24, RA 3844) LOI 705 (June 10,
1978)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Right of Pre-Emption
Tenant-Lessee has the preferential right to
buy the land under reasonable terms and
conditions in cases where the LO decides
to sell the land (Sec.11, RA 3844)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Right of Pre-Emption
This right, like any other right of an
agricultural lessee, may only be asserted
if a tenancy relationship exists. Thus, the
SC held:
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Right of Pre-Emption
The sale of the land to Chan likewise did
not violate R.A. No. 3844 or
theAgricultural Tenancy Act.Considering
that respondents have failed to establish
their status as de jure tenants, they have
no right of pre-emption or redemption
under Sections 11 and 12 of the said law.
(Samson vs. Susano, G.R. No. 179024)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Right of Redemption
The right to redeem the land at a
reasonable price and consideration if the
land is sold to a third persons without his
knowledge (Sec. 12, RA 3844)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Right of Redemption
The right of the agricultural lessee to
redeem the land he has been working on
that has been disposed of without his
knowledge is statutory in character.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
It is created by and rests upon the
provisions of a particular law, and
attaches to a particular landholding by
operation of law.
(Sarne, et al. vs. Maquiling)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
NOTE: Both the Pre-emption and
Redemption Rights are rooted on the right
of the tenant-lessee to security of tenure.
This means that the relationship of
landholder and tenant can only be
terminated for causes provided by law.
(Sarne, et al. vs. Maquiling)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Right to be paid DISTURBANCE
COMPENSATION
in case of approved land use conversion
(Sec. 36 (1), RA 3844 as amended by
Sec.7(1), RA 6389)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Section 36 of RA 3844, as amended, now
reads:
SECTION 36.Possession of Landholding;
Exceptions. Notwithstanding any
agreement as to the period or future
surrender, of the land, an agricultural
lessee shall continue in the enjoyment
and possession of his landholding
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
(1)The landholding is declared by
the department head upon
recommendation of the National Planning
Commission to be suited for
residential, commercial, industrial or
some other urban purposes:
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Provided, That the agricultural lessee shall
be entitled to disturbance
compensation equivalent to five times
the average of the gross harvests on his
landholding during the last five preceding
calendar years;
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Provided, That the agricultural lessee shall
be entitled to disturbance
compensation equivalent to five times
the average of the gross harvests on his
landholding during the last five preceding
calendar years;
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Previously, Sec. 36 of R.A. 3844 provided
that where the agricultural lessor-owner
or a member of his immediate family will
personally cultivate the landholding, the
tenant may be ejected thereby with the
latter being entitled to disturbance
compensation.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
However, pursuant to the amendment
brought by R.A. 6389, a landowners claim
that he will personally cultivate the land is
now NOT a valid ground to eject the
tenant.
(Galope vs. Bugarin, G.R. No. 185669,
February 1, 2012)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
YES. In the case of Bunye vs. Aquino (G.R.
No. 138979, October 9, 2000), the
Supreme Court held:
In the event that tenanted land is
converted pursuant to section 36 of
Republic Act No. 3844,
SECOND STAGE:
AGRICULTURAL LEASEHOLD
the only relief available to respondents is
the payment of disturbance compensation
equivalent to five times the average of
the gross harvests on his landholding
during the last five preceding calendar
years.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
The award of 75 square meters of land
originally granted by the Regional
Adjudicator and subsequently affirmed by
the DARAB was made in lieu of
disturbance compensation for the
dispossession of respondents of 2,500
square meters of land.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
respondents are only entitled to
disturbance compensation for their
dispossession of 2,500 square meters of
land and we find that, in the absence of
adequate data on the land's harvests, the
award of 75 square meters is a fair
and adequate alternative relief.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
NO. The SC held: P.D. 1472 exempts from
land reform those lands that petitioner
NHA acquired for its housing and
resettlement programs whether it
acquired those lands when the law took
effect or afterwards.The language of the
exemption is clear: the exemption covers
lands or property acquired x x x or to be
acquired by NHA.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Its Section 1 does not make any
distinction whether the land petitioner
NHA acquired is tenanted or not.When
the law does not distinguish, no
distinction should be made.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Right to be imdemnified for the cost
and expenses in the cultivation and
for the expenses
incidental to the improvement of the
crops in case the lessee surrenders,
abandons for a just cause or is ejected
without court order. (Sec. 25, RA 3844)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
The right to manage and work on the
land
in manner and method of cultivation and
harvest which conform to proven farm
practices. (Sec. 23. (2), RA 3844)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Take reasonable care of work animals
and farm implements
delivered to him by the lessor and see to
it that it is not used for purposes than,
those intended or by another without the
knowledge and consent of the lessor
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
"Proven farm practices" means sound
farming practices generally
acceptable through usage or
officially recommended by the
Agricultural Productivity Commission
for a particular type of farm. (Sec., (11),
RA 3844)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
To deal with millers or processors
without a written authorization of the
lessee in case the crop has to be sold in a
processed form before payment of lease
rentals.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
For coconut lands, indiscriminate
cutting of coconut tree will be deemed
a prima facie evidence of intent to eject
his tenant from his landholding unless
there is a CERTIFICATION by the PCA or
RESOLUTION from the Municipal Board,
allowing the cutting for valid reason.
(A.0.5.S. 1993, A.O. 16.S. 1989).
SECOND STAGE:
AGRICULTURAL LEASEHOLD
EJECTMENT OF TENANT
(Sec. 36, R.A. 3844 as amended)
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
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
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
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
SECOND STAGE:
AGRICULTURAL LEASEHOLD
6. The agricultural lessee does not
pay the lease rental when it falls due:
Provided, That if the non-payment of the
rental shall be due to crop failure to the
extent of seventy-five 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
SECOND STAGE:
AGRICULTURAL LEASEHOLD
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Under par. 2 of Section 27, the tenant is
not allowed to employ a sub-lessee on his
landholding:
Provided, however, That in case of illness
or temporary incapacity he may employ
laborers whose services on his
landholding shall be on his account
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Jurisprudence on Ejectment
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Galope vs. Bugarin, G.R. No. 18569,
February 1, 2012.
Respondent, as landowner/agricultural
lessor, has the burden to prove the
existence of a lawful cause for the
ejectment of petitioner, the
tenant/agricultural lessee.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
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.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
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.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
Extinguishment of Agricultural
Leasehold Relation
Section 8, R.A. 3844
SECOND STAGE:
AGRICULTURAL LEASEHOLD
The agricultural leasehold relation shall be
extinguished by:
1. Abandonment of the landholding
without the knowledge of the agricultural
lessor
SECOND STAGE:
AGRICULTURAL LEASEHOLD