Wednesday, February 17, 2010

Harvest Sharing

One of the essential requisites of tenancy relationship is the sharing of the harvest between the landowner and the tenant. When a witness testifies and declares that he/she knows for a fact that the allege tenant is the cultivator of the agricultural land since time immemorial without disclosing, however, the circumstances or details of the alleged harvest sharing, such testimony cannot be deemed as evidence of harvest sharing. Occupancy and continued possession of the land will not ipso facto make one a de jure tenant.

Tuesday, February 9, 2010

The Pride of Albay

Mayon Volcano.. in its usual form. Conspicuously exuding its world acclaimed perfect cone in the heart of the Province of Albay, Bicol, Philippines.

Thursday, February 4, 2010

Emancipation from the bondage

The arduous legal battle that tenant-farmers have to endure in order to be finally freed from the bondage of the soil is not unusual. Several agrarian cases can be viewed as a microcosm of the persistent agrarian reform problem in our country. Some tenants have to wait for several years to be emancipated from the bondage. But of course there are also tales of landowners who unduly suffer either the abuse of some farmers or the harsh consequences of agrarian law. We are still faced with the same agrarian problem that we sought to resolved several years back when the CARP law was first introduced. It is high time that we undertake a more realistic, rational comprehensive agrarian reform law. The solution lies with Congress.

Monday, February 1, 2010

Finality of Judgment

The rule on finality of decisions, orders or resolutions of a judicial, quasi-judicial, or administrative body is not a question of technicality but of substance and merit, the underlying consideration is the protection of the substantive rights of the winning party. Just as the losing party has the right to file an appeal within the prescribed period, the winning party also has the correlative right to enjoy the finality of the resolution of his/her case. The noble purpose is to write finis to disputes once and for all. This is a fundamental priciple in our justice system, without which there would be no end to litigations. Utmost respect and adherence to this principle must always be maintained by those who wield the power of adjudication. Any act which violalates such principle must immediately be struck down.