Heirs of Rafael Magpily vs De Jesus (GR No.

167748, 8 November 2005)

FACTS:

Rafael Magpily reveals that he was the owner of a parcel of land planted with fruit bearing trees and
tenanted by Nazaria Tope. Sometime in July 1978, upon the request of the latter, Magpily allowed
Nazaria’s nephew, herein private respondent to construct a house of light materials on a portion of the
land and to gratuitously occupy the same. The agreement was embodied in a "Salaysay" 7 duly signed by
the parties. Their relationship, however, turned sour when private respondent interfered with the
gathering of coconuts and other fruits in the lot. Magpily requested private respondent to vacate the
premises but the latter refused, prompting him to file the instant ejectment suit.

In his answer,8 private respondent contended that he is a bonafide agricultural tenant of Magpily for 15

years. He alleged that his grandparents, succeeded by his aunt, Nazaria, were the former tenants of
Magpily. When Nazaria died in 1979, he performed all the duties of a tenant by cultivating the land and
sharing in its produce. Private respondent claimed that the instant case should be dismissed for lack of
jurisdiction over the subject matter because it involves a tenancy dispute under the exclusive jurisdiction
of the Department of Agrarian Reform Adjudication Board (DARAB).

ISSUE:

Whether or not there existed an agricultural tenancy relationship between Magpily and private
respondent.

RULING:

No. For DARAB to have jurisdiction over a case, there must exist a tenancy relationship between the
parties. A tenancy relationship cannot be presumed. There must be evidence to prove the tenancy
relations such that all its indispensable elements must be established, to wit: (1) the parties are the
landowner and the tenant; (2) the subject is agricultural land; (3) there is consent by the landowner; (4)
the purpose is agricultural production; (5) there is personal cultivation; and (6) there is sharing of the
harvests. All these requisites are necessary to create tenancy relationship, and the absence of one or
more requisites will not make the alleged tenant a de facto tenant.14

In the present case, the sworn statements of Gregorio Ambrosio and Nestor C. Marinay merely attested
to the fact that private respondent became a worker in the coconut plantation of Magpily after the
death of the former tenant of the land. Nowhere in the said statements was it mentioned why and how
private respondent became an agricultural tenant. Nothing was said about the intent of Magpily to
institute private respondent as his tenant nor of the landowner’s purpose to embark on agricultural
production. Neither did said declarations attest to the existence of a sharing agreement between the
parties. Indeed, said statements only tended to prove that private respondent is a worker or an overseer
of the land and nothing more. The same is true to Magpily’s letter directing private respondent to allow
the bearer of the letter to cut down trees in his land.
Dalwampo vs Quinocol Farmers (GR No. 160614, 25 April 2006)

FACTS:

The case involves seven lots that had become known as the Almendras Coconut Plantation. In
November 1992, Almendras suffered a stroke which rendered him physically and mentally
incapacitated. A petition for guardianship over his person and properties was soon filed before the
Regional Trial Court. The RTC appointed Paul C. Almendras and Elizabeth A. Alba as guardians over his
therein enumerated properties including the seven lots comprising the plantation.

The guardians over Almendras’ properties later sold, with the approval of the guardianship court.
Immediately after the sale to them of the lots, petitioners took possession thereof and undertook steps
for their preservation.

Herein respondent Quinocol Farmers, Farmworkers and Settlers Association (QFFSA) claimed to be
"tenants, farmworkers and residents of the subject property” and filed a complaint for ejectment.
Respondents alleged that, inter alia, Almendras installed them in the late 40’s and early 50’s as share
tenants, tenant-tillers, and farmworkers in the plantation.

The members of the Almendras family denied too in their Answer 10 respondents’ allegations including
the claim that they (respondents) are tenants of the plantation. Inviting attention to the fact that the
deeds of sale of the lots to petitioners bore the approval of the guardianship court,

ISSUE:

Whether or not the respondents are tenants

RULING:

The complainants are not tenants. Of the essential elements of a tenancy relationship, the records do
not show that the first, third, and fourth elements had been proved by substantial evidence. No written
tenancy contract or proof of acts implying a mutual agreement to enter into a tenancy contract between
Almendras and respondents was proffered.

Neither the fifth element – personal cultivation by the tenant or agricultural lessee which "includes all
activities designed to promote the growth and care of the plants or trees and husbanding the earth, by
general industry, so that it may bring forth more products or fruits" 38 – was proved.