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“The fact alone of working on another’s landholding does not raise a presumption of the existence of agricultural tenancy. For tenancy to be proven, all indispensable elements must be established, the absence of one or more requisites will not make the alleged tenant a de facto one.” (G.R. No. 192270, January 26, 2015, IRENE D. OFILADA, Petitioner, vs. SPOUSES RUBEN ANDAL and MIRAFLOR ANDAL, Respondents)
“The existence of a tenancy relationship cannot be presumed and allegations that one is a tenant do not automatically give rise to security of tenure.24 For tenancy relationship to exist, the following essential requisites must be present: (1) the parties are the landowner and the tenant; (2) the subject matter is agricultural land; (3) there is consent between the parties; (4) the purpose is agricultural production; (5) there is personal cultivation by the tenant; and, (6) there is sharing of the harvests between the parties.25 All the requisites must concur in order to establish the existence of tenancy relationship, and the absence of one or more requisites is fatal. (G.R. No. 192270, January 26, 2015, IRENE D. OFILADA, Petitioner, vs. SPOUSES RUBEN ANDAL and MIRAFLOR ANDAL, Respondents)
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6 апр 2023