How Leasehold Relation Is Established

1. By the agreement of the parties (between lessor and lessee)

This may be entered into either orally or in writing, expressly or impliedly.
2. By operation of law
This is brought about by the implementation of R.A No. 3844 providing for the
abolition of share tenancy.

The act of cultivation by the tenant-tiller of the land does not ipso facto establish a leasehold
relationship between the parties. But where the landholder:

(a) does not object to the continued cultivation of the land, or

(b) tolerates the continued cultivation thereof by the agricultural worker, and/or
(c) the landholder continues to receive benefits from the cultivation of the land, such acts by the
landowner are considered as implied acquiescence on his part of a leasehold relationship
between him and the tenant.

Share tenants enjoy security of tenure even where relationship is changed to leasehold where a
share tenant surrendered his landholding and then was instituted as share tenant’s status did not
change, vis-à-vis, landowner after the civil lease terminated.

A share tenant who surrendered his landholding, who thereafter became the share tenant of the
person who leased the land from the owner for three years, and who thereafter continued the said
lease on a 3-year basis which was periodically renewed, is not a civil lease, but an agricultural
lessee. There is no leasehold tenancy where alleged lessee never intended to cultivate the land
personally.

Parties to Leasehold Relation

(1) The landholder who is either the lawful owner of the land, or the legal possessor or who
may be a lessee or usufructuary under the civil law concept;
(2) The person who personally cultivates the land.

Essence of Leasehold Relation

(1) it is essentially personal, in the sense that it cannot be exercised by third persons other
than the lessor himself who may be the landowner, legal possessor, or usufructuary or
their duly authorized representatives as defined by civil law, and the lessee who
personally cultivates the land or with the aid of the immediate members of his family.
Since the law does not countenance absenteeism, leasehold relation is breached and may
cause the ejectment of the lessee from his landholding should be engage a co-tenant or
sub-lessee;
 (2) it has the nature of an in rem or real relationship, because it imposes a burden upon the
land subject of the landholding and continues to exist even by the death or incapacity of
either party, or the expiration of the agreement. The heirs of the transferee is subrogated
to the rights and
obligations of the former landowner, vis-à-vis the tenant-tiller, nor is it extinguished by
the change of the landowner.

Tenurial Arrangement of Leasehold

Creation of a leasehold relation either by agreement of the parties, whether orally or in
writing, or by implication entitles the leasehold tenant to the security of tenure until its
extinguishment by any of the causes provided by law. It makes it a penal offense to eject a tenant
to the security of tenure until its extinguishment by any of the causes provided by law. It makes
it a penal offense to eject a tenant illegally from his landholding except upon approval of the
court.

Doctrine on security of land tenure

Security of land tenure is governed by Section 10, R.A No. 3844, as amended, which
provides that “the agricultural leasehold relation under this Code, shall not be extinguished by
mere expiration of the term or period in the leasehold contract, nor by the sale, alienation or
transfer the legal possession of the landholding” and that, “in case the agricultural lessor sells
alienates of transfers the legal possession of the landholding, the purchaser or transferee thereof
shall be subrogated to the rights and substituted to the obligations of the agricultural lessor.”

Yolanda Caballes v. DAR, et al.

G.R. No. 78214

FACTS: This is a petition for certiorari seeking to annul the order of the DAR finding
the existence of tenancy relationship between petitioner Caballes and private respondent
Bienvenido Abajon. the