Elements of Tenancy Relationship | 21 October 2024

For tenancy relationship to exist, therefore, the following elements must be shown to concur, to wit:

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Alburo Law
October 21, 2024

For tenancy relationship to exist, therefore, the following elements must be shown to concur, to wit:

(1) the parties are the landowner and the tenant;

(2) the subject matter is agricultural land;

(3) there is consent between the parties to the relationship;

(4) the purpose is 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. 

The presence of all these elements must be proved by substantial evidence; this means that the absence of one will not make an alleged tenant a de jure tenant. Unless a person has established his status as a de jure tenant, he is not entitled to security of tenure or to be covered by the Land Reform Program of the Government under existing tenancy laws. (Romeo Caluzor v. Deogracias Llanillo, G.R. No. 155580, July 01, 2015)

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