DARAB CASE No.

Date Filed:

01-023093-EP-09

February 17, 2009

NATURE OF CASE:

RESOLUTION ON THE
DETERMINATION OF TENANCY
RELATIONSHIP

NAME OF PARTIES/COUNSELS


PETITIONER/COMPLAINANT/PLAINTIFF

MARIA CONSUELO S. LAMORENA
represented by Attorney-in-fact
FREDESVINDA DELOS SANTOS

RESPONDENT

RUFINO AGUALIN

LANDHOLDING


Registered Owners:

MARIA CONSUELO S. LAMORENA

Title No./Tax Dec. :

TCT NO. 48603/TD NO. 007-00402

Location:

VILLANUEVA, BAUTISTA,
PANGASINAN

Total Area:

38, 947 SQ. METERS

Area Involved:

38, 947 SQ. METERS

ALLEGATIONS OF PARTIES

FOR
PETITIONERS/COMPLAINANT/PLAINTIFF


- Wants the transfer of possesion
- Fruits during illegal possesion
- Damages


















FOR
RESPONDENT


- Delos Santos administration was
already terminated as when the
principal or the owner, Lamorena
already died.

- Delos Santos was not the
administrator of the property as when
the year 1967, Bactad was appointed
as administrator by the owner
Lamorena.

- The petition was baseless and
inaccurate. He was given right by the
owner to cultivate the land because in
year 1967, Bactad was given another
land adjacent to the 3 hectare
tenanted by respondent. Also,
landowner gave an instruction that the
landshare shall be given to Bactad to
effect a simple and straightforward
accounting.

ALLEGATIONS OF PARTIES


- When Bactad was erected, he was lost
whom to turn over the landowners
share. He had no choice, but to
deposit the share with Land Bank
Urdaneta City with the amount of
P30,000.00.

- Possesed the property in the concept
of holder but in the name of another.
He is legitimate by virtue of oral
leasehold agreement. He should be
compensated by disturbance
compensation.


EVIDENCE PRESENTED


FOR PETITIONER

- Acknowledgment Letter and Limited Power
of Attorney - Annex A






PURPOSE OF EVIDENCE

To grant a limited and specific power to
the attorney-in-fact to perform the
following specific acts:

- To initiate an action in court or in the
appropriate forum for the intruder of
the real property on Maria Consuelo
Lamorena

- To represent in all stages of the
proceedings in such action so
instituted

- To enter into stipulation of facts and
amicable settlement in the pre-trial
conference of such case under fair
and reasonable terms and conditions

- To adduce evidence in behalf of
Lamonera in the trial on the merits of
the case

- To do all the things that are needful to
carry out the authority

- Other acts for the protection and
preservation of Lamoneras properties
in the Philippines


- Transfer Certificate of Title- Annex B


- To prove that Ms. Consuelo Lamorena
is the registered owner of parcel of
land located at Villanueva, Bautista,
Pangasinan.


- Declaration of Real Property- Annex C


- To show the kind and classification of
land that it is an agricultural land which
is still under the name of Ms. Consuelo
Lamorena.

- Letter to MARO- Annex D


- To prove that Francisco Bactad
through a counsel, requested MARO
for a conference to clarify matter or the
proper remedial action be undertaken
on the turnover of the cultivation of the
land subject to tenancy

- Affidavit of Voluntary Surrender- Annex E



- To prove that Francisco Bactad, as
tenant, voluntarily surrendered the
physical possession and cultivation of
land to Ms. Consuelo Lamorena
(deceased) because he was not
capable anymore of doing farm works.

FOR RESPONDENT

NO EVIDENCE PRESENTED



ISSUE/S: MAIN ISSUE (FACTUAL)

1. Whether or not Fredesvinda E. Delos
Santos is the legal administrator of the
landowner Lamorena; and

2. Whether or not the power given by the
landowner to Delos Santos is sufficient
to grant her the authority to install tenant
Francisco Bactad.


(LEGAL)

1. Whether or not Francisco Bactad, a
tenant installed by Delos Santos can
transfer his right to another person to
substitute him for the cultivation of
land without the consent of the
attorney-in-fact.

LEGAL BASIS

Republic Act 1199
Section 5. Definitions of Terms. - As used in this Act:
(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 latter's 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.
(b) A landholder shall mean a person, natural or juridical, who, either as owner,
lessee, usufructuary, or legal possessor, lets or grants to another the use or
cultivation of his land for a consideration either in shares under the share tenancy
system, or a price certain or ascertainable under the leasehold tenancy system.



LEGAL BASIS
(c) Agricultural year is the period of time necessary for the raising of seasonal
agricultural products, including the preparation of the land, and the sowing,
planting and harvesting of the crop: Provided, however, That in the case of
coconuts, citrus, coffee, ramie, and other crops where more than one harvest is
obtained from one planting, the words "agricultural year" shall mean the period of
time from the preparation of land to the first harvest and thereafter from harvest
to harvest. In both cases, the period of time may be shorter or longer than a
calendar year.
(d) Farm implements include hand tools or machines ordinarily employed in a
farm enterprise.
(e) Work animals include animals ordinarily employed in a farm enterprise. The
words include carabaos, horses, bullocks, etc.
(f) Pulling of the seedlings is a phase of farm work in which seedlings are
uprooted from the seed beds immediately before transplanting.
(g) Final harrowing in the last stage in pulverizing the soil into fine particles in
readying the field for the transplanting of the seedlings.
(h) Reaping is the cutting of rice stalks.
(i) Harvesting shall mean the gathering of the fruits or produce of a crop other
than rice.
(j) Piling into small stacks used as a term in rice share tenancy shall mean the
piling into several small stacks within the tenant's holdings of reaped and bundled
stalks containing the grain, preparatory to their transportation to the place
designated for their threshing.
(k) Piling into big stacks used as a term in rice share tenancy shall mean the
piling into one huge stack of the several small stacks of reaped and bundled
stalks containing grain, which constitute the entire harvest of the tenant from his
holdings, preparatory to threshing.
(l) Proven farm practices include those sound farming practices which have
attained general acceptance through usage or are officially recommended by the
Department of Agriculture and Natural Resources.
(m) Fair rental value is an amount of money not in excess of allowable
depreciation plus six per cent interest per annum on the investment computed at
its market value: Provided, however, That the fair rental value for the work animal
or animals and farm implements required to produce the crop shall not exceed
five per cent of the gross harvest for the animal or animals and five per cent for
implements: And, provided, further, That whenever a tractor or power and the
necessary implements are utilized interchangeably with work animals in the
same holding during the same agricultural year the rental shall not exceed ten
per cent for the combined services.
(n) Immediately after as used in this Act shall be inclusive of the last day of
harvesting, threshing or processing and the next five days thereafter.


LEGAL BASIS
(o) Immediate farm household includes the members of the family of the tenant,
and such other person or persons, whether related to the tenant or not, who are
independent upon him for support and who usually help him operate the farm
enterprise.
(p) Incapacity means any cause or circumstances which prevents the tenant from
fulfilling his contractual obligations and those imposed by this Act.
(q) Inspect means to examine and observe. However, such examinations and
observations shall not include any acts of intimidation or coercion.
(r) Auxiliary crop is any product raised other than the crop to which the cultivation
of the land is principally devoted; and excluding the produce of the lot referred to
in Section twenty-six.

Section 23. Obligations for the tenant. - It shall be the obligation of the tenant:
(2) To inform the landholder at once of any trespass committed by a third person
upon the farm.

Section 24. Prohibitions to Tenant: -
(2) It shall be unlawful for a share-tenant to employ a sub-tenant to furnish labor
or any phase of the work required of him under this Act, except in cases of illness
or any temporary incapacity on his part, in which eventuality the tenant or any
member of his immediate farm household is under obligation to report such
illness or incapacity to the landholder. Payment to the sub-tenant, in whatever
form, for services rendered on the land under this circumstance, shall be for the
account of the tenant.
(3) Subject to provisions of the next preceding paragraph, land entrusted for
cultivation to a leasehold tenant shall not be sub-let nor shall the lease be
assigned by the tenant to another person, except with the written consent of the
lessor.

Caballes vs. DAR, 268 SCRA 247
G.R. No. 78214, December 5, 1988

The essential requisites of a tenancy relationship are:
1. The parties are the landowner and the tenant;
2. The subject is agricultural land;
3. There is consent;
4. The purpose is agricultural production;
5. There is personal cultivation; and
6. There is sharing of harvests.


LEGAL BASIS
Tiongson vs. CA, 130 SCRA 482
G.R. No. L-62626, July 18, 1984

All these requisites must concur in order to create a tenancy relationship between the
parties. The absence of one does not make an occupant of a parcel of land, or a
cultivator thereof, or a planter thereon, a de jure tenant. 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.


DRAFT DECISION


Please see attached Draft Decision