1. Agricultural tenancy is defined as the physical possession of land by one person for agricultural production belonging to another, where the possessor agrees to share the harvest or pay rent.
2. There are two classes of agricultural tenancy: share tenancy and leasehold tenancy. Share tenancy was abolished except for certain lands, and was automatically converted to leasehold tenancy.
3. Leasehold tenancy exists when one person cultivates the land of another for fixed rent. It is now the only recognized form of agricultural tenancy and is governed by special laws rather than civil code.
1. Agricultural tenancy is defined as the physical possession of land by one person for agricultural production belonging to another, where the possessor agrees to share the harvest or pay rent.
2. There are two classes of agricultural tenancy: share tenancy and leasehold tenancy. Share tenancy was abolished except for certain lands, and was automatically converted to leasehold tenancy.
3. Leasehold tenancy exists when one person cultivates the land of another for fixed rent. It is now the only recognized form of agricultural tenancy and is governed by special laws rather than civil code.
1. Agricultural tenancy is defined as the physical possession of land by one person for agricultural production belonging to another, where the possessor agrees to share the harvest or pay rent.
2. There are two classes of agricultural tenancy: share tenancy and leasehold tenancy. Share tenancy was abolished except for certain lands, and was automatically converted to leasehold tenancy.
3. Leasehold tenancy exists when one person cultivates the land of another for fixed rent. It is now the only recognized form of agricultural tenancy and is governed by special laws rather than civil code.
1. Agricultural tenancy is defined as the physical possession of land by one person for agricultural production belonging to another, where the possessor agrees to share the harvest or pay rent.
2. There are two classes of agricultural tenancy: share tenancy and leasehold tenancy. Share tenancy was abolished except for certain lands, and was automatically converted to leasehold tenancy.
3. Leasehold tenancy exists when one person cultivates the land of another for fixed rent. It is now the only recognized form of agricultural tenancy and is governed by special laws rather than civil code.
Agricultural tenancy is defined as "the physical possession by a person of land devoted to
agriculture, belonging to or legally possessed by another for the purpose of production through the labor of the former and of the members of his immediate farm household in consideration of which the former agrees to share the harvest with the latter or to pay a price certain or ascertainable, whether in produce or in money, or both." (RA 1199 [1954], sec. 3) In Gelos vs. CA, 208 SCRA 608 (1992), the Supreme Court held that agricultural tenancy is not a purely factual relationship. The written agreement of the parties is far more important as long it is complied with and not contrary to law.
Classes of agricultural tenancy
Agricultural tenancy is classified into share tenancy and leasehold tenancy (M. A. GERMAN, SHARE AND LEASEHOLD TENANCY, 13 [1995]). Share tenancy means "the relationship which exists whenever two persons agree on a joint undertaking for agricultural production wherein one party furnishes the land and the other his labor, with either or both contributing any one or several of the items of production, the tenant cultivating the land personally with aid of labor available from members of his immediate farm household, and the produce thereof to be divided between the landholder and the tenant." (Rep. Act No. 3844 [1963]. Sec. 166 [25]). With the passage of RA 3844, share tenancy has been declared to be contrary to public policy and abolished (Rep. Act No. 3844[1963], sec. 4) except in the case of fishponds, saltbeds, and lands principally planted to citrus, coconuts, cacao, coffee, durian and other similar permanent trees at the time of the approval of said Act (Rep. Act No. 3844 [1963], sec. 35). When RA 6389 (1971) was enacted, agricultural share tenancy has been automatically converted to leasehold but the exemptions remained. It was only under RA 6657 when the exemptions were expressly repealed. Leasehold tenancy exists when a person who, either personally or with the aid of labor available from members of his immediate farm household undertakes to cultivate a piece of agricultural land susceptible of cultivation by a single person together with members of his immediate farm household, belonging to or legally possessed by, another in consideration of a fixed amount in money or in produce or in both (Rep. Act No. 1199 [1954], sec. 4). Under RA 6657, the only agricultural tenancy relation that is recognized is leasehold tenancy. Said law expressly repealed Sec. 35 of RA 3844, making all tenanted agricultural lands throughout the country subject to leasehold. Leasehold tenancy may be established by operation of law, that is, through the abolition of share tenancy under Sec. 4 of RA 3844; through the exercise by the tenant of his right to elect leasehold; or by agreement of the parties either orally or in writing, expressly or impliedly, which was the condition before 1972 (M.A. German,supra, at 27). Leasehold relation is instituted in retained areas with tenant(s) under RA 6657 or PD 27 who opts to choose to remain therein instead of becoming a beneficiary in the same or another agricultural land with similar or comparable features. The tenant must exercise his option within one (1) year from the time the landowner manifests his choice of the area for retention (Rep. Act No. 6657[1988], sec. 6). Leasehold relation also exists in all tenanted agricultural lands that are not yet covered under CARP (DAR Adm. O. No. 5 [1993]). The institution of leasehold in these areas ensure the protection and improvement of the tenurial and economic status of tenant-tillers therein. (Rep. Act No. 6657 [1988], sec. 6). Leasehold tenancy distinguished from civil law lease In Gabriel vs. Pangilinan, 58 SCRA 590 (1974), the Supreme Court distinguished leasehold tenancy from civil law lease. There are important differences between a leasehold tenancy and a civil law lease. The subject matter of leasehold tenancy is limited to agricultural land; that of civil law lease may be either rural or urban property. As to attention and cultivation, the law requires the leasehold tenant to personally attend to, and cultivate the agricultural land, whereas the civil law lessee need not personally cultivate or work the thing leased. As to purpose, the landholding in leasehold tenancy is devoted to agriculture, whereas in civil law lease, the purpose may be for any other lawful pursuits. As to the law that governs, the civil law lease is governed by the Civil Code, whereas leasehold tenancy is governed by special laws (at 596). Elements of Agricultural Tenancy The following are the essential requisites for the existence of a tenancy relation: a) The parties are the landholder and the tenant; b) The subject is agricultural land; c) There is consent by the landholder for the tenant to work on the land, given either orally or in writing, expressly or impliedly; d) The purpose is agricultural production; e) There is personal cultivation or with the help of the immediate farm household; and f) There is compensation in terms of payment of a fixed amount in money and/or produce. (Carag vs. CA, 151 SCRA 44 [1987]; Gabriel vs. Pangilinan, 58 SCRA 590 [1974]; Oarde vs. CA, 280 SCRA 235 [1997]; Qua vs. CA, 198 SCRA 236 [1991]) The Supreme Court emphasized in numerous cases that "(a)ll these requisites must concur in order to create a tenancy relationship between the parties. The absence of one does not make an occupant of a parcel of land, or a cultivator thereof, or a planter thereon, a de jure tenant. This is so because unless a person has established his status as a de jure tenant, he is not entitled to security of tenure nor is he covered by the Land Reform Program of the Government under existing tenancy laws." (Caballes v. DAR, 168 SCRA 254 [1988]) In the case of Teodoro vs. Macaraeg, 27 SCRA 7 (1969), the Court found all the elements of an agricultural leasehold relation contained in the contract of lease executed by the parties.