Tuesday, January 19, 2010

Tenancy Relationship


Unless a person has established his status as de jure tenant, he is not entitled to security of tenure or covered by the Land Reform Program of the Government under existing tenancy laws. The following are the essential elements of tenancy relationship: (1) the parties are the landowner and the tenant or agricultural lessee; (2) the subject matter of the relationship is an agricultural land; (3) there is consent between the parties to the relationship; (4) the purpose of the relationship is to bring about agricultural production; (5) there is personal cultivation on the part of the tenant or agricultural lessee; and, (6) the harvest is shared between landowner and tenant or agricultural lessee. Note: all requisites must be proved by substantial evidence and the absence of one will not make an alleged tenant a de jure tenant.

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