Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 26 views

    Leyte Colleges Tacloban City Midterm in Agrarian Law

    Uploaded by

    Rosanna Sevilla
    Cosme provided cultivation services on Balbina's 6-hectare coconut land in exchange for 1/4 of the copra proceeds. When Balbina died in 2010, her children sold the land to Simeon, who wants to terminate Cosme's services. Cosme refuses, claiming he is a tenant. As a tenant, Cosme is entitled to security of tenure, meaning the landowner cannot arbitrarily eject him from the land. Several issues arise regarding Cosme and his family's rights to the land as tenants, including whether Cosme abandoned the land or his son Conrado can inherit his tenancy rights.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Leyte Colleges Tacloban City Midterm in Agrarian Law

    Uploaded by

    Rosanna Sevilla
    26 views2 pages
    Cosme provided cultivation services on Balbina's 6-hectare coconut land in exchange for 1/4 of the copra proceeds. When Balbina died in 2010, her children sold the land to Simeon, who wants to terminate Cosme's services. Cosme refuses, claiming he is a tenant. As a tenant, Cosme is entitled to security of tenure, meaning the landowner cannot arbitrarily eject him from the land. Several issues arise regarding Cosme and his family's rights to the land as tenants, including whether Cosme abandoned the land or his son Conrado can inherit his tenancy rights.

    Original Description:

    agrarian

    Original Title

    Agrarian-Law_2020 (2)

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Cosme provided cultivation services on Balbina's 6-hectare coconut land in exchange for 1/4 of the copra proceeds. When Balbina died in 2010, her children sold the land to Simeon, who wants to terminate Cosme's services. Cosme refuses, claiming he is a tenant. As a tenant, Cosme is entitled to security of tenure, meaning the landowner cannot arbitrarily eject him from the land. Several issues arise regarding Cosme and his family's rights to the land as tenants, including whether Cosme abandoned the land or his son Conrado can inherit his tenancy rights.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    26 views2 pages

    Leyte Colleges Tacloban City Midterm in Agrarian Law

    Uploaded by

    Rosanna Sevilla
    Cosme provided cultivation services on Balbina's 6-hectare coconut land in exchange for 1/4 of the copra proceeds. When Balbina died in 2010, her children sold the land to Simeon, who wants to terminate Cosme's services. Cosme refuses, claiming he is a tenant. As a tenant, Cosme is entitled to security of tenure, meaning the landowner cannot arbitrarily eject him from the land. Several issues arise regarding Cosme and his family's rights to the land as tenants, including whether Cosme abandoned the land or his son Conrado can inherit his tenancy rights.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    You are on page 1of 2

    Leyte Colleges

    Tacloban City

    Midterm in Agrarian Law

    Balbina owns a 6-hectare coconut land which she and her husband, Canuto, cultivated by
    themselves. When Canuto died in 2000, she could no longer manage the farm specially that she was
    already advanced in age. Hence, she engaged the services of her cousin, Cosme, to take care of the land.
    The land was divided into three parts so that harvest would be rotated among the three parts once
    every three months. Cosme was required to do the harvest by himself and by his immediate farm
    household. He is paid one-fourth of the net proceeds of the copra for his services. He processed the
    copra and cleared the land of grasses and intruders.

    In 2010 Balbina died and the ownership of the land passed on to the three surviving children,
    Melchor, Gaspar, and Baltazar. They sold their separate share to Simeon who wants to terminate the
    services of Cosme. The latter refuses to vacate the land claiming that he is a tenant.

    Questions:

    1. Who is a tenant?
    2. What are the elements of tenancy?
    3. To terminate the services of Cosme, Simeon filed a case at the DOLE. Cosme, thru his counsel,
    a DAR paralegal officer, filed a motion to dismiss on jurisdictional ground. Will the motion
    prosper? Why?
    4. What is security of Tenure?
    5. According to Simeon, Cosme lost his tenancy when the land was sold to him by Melchor,
    Gaspar, and Baltazar. Is the contention tenable? Why?
    6. Conrado was a son of Cosme who lived with him and helped him managed the coconut land.
    When he got married, Conrado left the family home of Cosme and built his own house on the
    herein land. The landowner ordered him to remove his house claiming he has no right to a
    home lot. Is his argument valid? Why?
    7. Cosme left for the Middle East leaving the land in the care of Conrado. After five years, he
    returned and went back to take care of the farm. The landowner opposed his return alleging
    that Cosme had abandoned it. Is the opposition tenable?
    8. What is abandonment?
    9. What is cultivation?
    10. Subsequently, Cosme died survived by his spouse and three children among which is
    Conrado, the youngest. The landowner tried to take over the land claiming that it is no longer
    tenanted since the tenant is now dead. May the landowner validly cultivate it in his own
    right?
    11. On the other hand, Conrado the youngest survivor of the tenant wanted to succeed the
    tenancy right of his deceased father. May he validly do so?
    12. Ultimately, the tenant was ejected, because the land was donated to the local hospital which
    built thereon an extension of its facilities. Was the donation valid?
    13. What residual right has the tenant by reason of the conversion of the use of the land?
    14. What social justice?
    15. When Cosme was still alive he opted to have his share tenancy converted to leasehold. In
    what forum should he have filed a case for fixing of rental? Why?

    Good Luck! 

    Prepared by:

    Atty. Wilfredo M. Navarra


    Instructor

    You might also like