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    Mismo Vs Omsim

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    Aldous Fred Diquiatco
    The Supreme Court had to determine if the plaintiff was an overseer or tenant based on agreements with the defendant. The Court found that the agreements clearly made the plaintiff an overseer, not a tenant, as there was no sharing arrangement for the land between the parties. As overseer, the plaintiff was allowed to plant on the land without sharing crops or paying rent, and was responsible for supervising others on the land. The absence of a sharing arrangement meant no tenancy relationship existed.

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    Mismo Vs Omsim

    Uploaded by

    Aldous Fred Diquiatco
    42 views2 pages
    The Supreme Court had to determine if the plaintiff was an overseer or tenant based on agreements with the defendant. The Court found that the agreements clearly made the plaintiff an overseer, not a tenant, as there was no sharing arrangement for the land between the parties. As overseer, the plaintiff was allowed to plant on the land without sharing crops or paying rent, and was responsible for supervising others on the land. The absence of a sharing arrangement meant no tenancy relationship existed.

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    Mismo vs Omsim

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    The Supreme Court had to determine if the plaintiff was an overseer or tenant based on agreements with the defendant. The Court found that the agreements clearly made the plaintiff an overseer, not a tenant, as there was no sharing arrangement for the land between the parties. As overseer, the plaintiff was allowed to plant on the land without sharing crops or paying rent, and was responsible for supervising others on the land. The absence of a sharing arrangement meant no tenancy relationship existed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    42 views2 pages

    Mismo Vs Omsim

    Uploaded by

    Aldous Fred Diquiatco
    The Supreme Court had to determine if the plaintiff was an overseer or tenant based on agreements with the defendant. The Court found that the agreements clearly made the plaintiff an overseer, not a tenant, as there was no sharing arrangement for the land between the parties. As overseer, the plaintiff was allowed to plant on the land without sharing crops or paying rent, and was responsible for supervising others on the land. The absence of a sharing arrangement meant no tenancy relationship existed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Mismo vs.

    Omsim

    Facts:
     Defendant Martin Servidad is the owner of a sixteen hectare agricultural land situated at Barrio Binahian,
    Sipocot, Camarines Sur.  On April 16, 1961, he and plaintiff Jose Matienzo executed a private instrument
    handwritten in the dialect of the locality by Feliza Servidad, wife of defendant Martin Servidad:

    "I Jose Matienzo, Elenita Robles, we husband and wife were instituted head-overseer in the land of Martin
    and Feliza de Servidad who will take care of their plants.  Whoever resides in our land will have to obey the
    head-overseer as we have then authorized to supervise the landholding.  Like borrowing loans needed if there
    is no letter from the Head-overseer to us we will not accommodate.  So that whatever need you have you must
    inform the Head-overseer as the latter is the one to inform us.

    The conditions for clearing the land are these:  With respect to all your plants we will share no percentage for
    the land.  But you will have to plant coconut in our land.  We will not pay as this is our conditions.  You are
    free to clear and plant the land as long as you wish.  We must help one another for our betterment.  Let us
    not do anything prejudicial to others.  Let's do the best as it is better.

     On January 1, 1963, the parties entered into another agreement concerning the conditions of copra making
    and upland planting for the year 1963:
    The condition given to us in copra making is one third, but before we begin copra making, we are to clean the
    plantation and everytime we make copra we separate nuts for seedling.  We are given one male carabao
    (castrated).  The condition for upland planting is this:  all those that we are to plant no share will be taken for
    the land, but we are also to plant coconut, coffee, abaca, and the owner shall not pay the same.

     Plaintiff planted bananas, bancocan, coffee, coconuts, breadfruits, abaca and some auxiliary crops.  He also
    looked after the coffee and abaca plants of defendant, as well as the latter's goats entrusted to his care.   For
    clearing the coconut plantation, he was paid per coconut tree he cleared.  For his labor in making copra, he
    was paid 1/3 of the copra he made.  Other persons who made copra therein were also correspondingly paid.
     On January 30, 1964, defendant wrote plaintiff telling him not to "interfere with the plants" as they had no
    agreement yet for that year, and that being the landowner, he should be the one to decide in accordance with
    the "tenancy law"
    Plaintiff sought the assistance of the Office of the Agrarian Counsel in Naga City.  Efforts to settle the case
    amicably failed, as a consequence of which, plaintiff brought an action against defendant in the Court of
    Agrarian Relations of Naga City praying that defendant be held guilty of illegal ejectment; he was waiving
    his right to reinstatement provided he be paid reasonable compensation for his improvements; and that
    defendant be ordered to pay him actual and moral damages.

     The case was heard and terminated by Commissioner Benjamin G. Fernandez, who was appointed by the
    Court, which was adopted in toto by the Court, a judgment was rendered on May 17, 1966 dismissing the suit
    for lack of merit. Plaintiff moved for reconsideration, but this was denied.

     Plaintiff appealed to the Court of Appeals, which Court, however, certified the case to us on the theory that
    "where the issue is the construction or interpretation of contracts, or where all the facts are stated in the
    judgment and the issue is the conclusion drawn therefrom, the question is one of law reviewable by the
    Supreme Court".

    Issue:
    The sole issue for determination is whether under the parties' agreements, plaintiff was instituted as an overseer or as
    a tenant by defendant.

    Supreme Court:
    To start with, a few basic principles on the interpretation of contracts should be reiterated.  When there is no doubt as
    to the intention of the contracting parties, its literal meaning shall control. Article 1372 of the New Civil Code further
    provides that however general the terms of a contract may be, they shall not be understood to comprehend things that
    are distinct and cases that are different from those upon which the parties intended to agree.  Therefore, a meaning
    other than that expressed or an interpretation which would alter its strict and literal significance should not be given
    to it.

    It is clear from Exhibit C that plaintiff was made an overseer of defendant, not a tenant.   It was likewise expressly
    stipulated therein that "the conditions for clearing the land are these:  With respect to all your plants we will share no
    percentage for the land." And again, "all those (coconuts) that we are to plant no share will be taken for the land". The
    basic element of sharing in agricultural tenancy, therefore, is absent. 

    It is clear that absent a sharing arrangement, no tenancy relationship had ever existed between the parties.   What
    transpired was that plaintiff was made overseer over a 7-hectare land area; he was to supervise applications for loans
    from those residing therein; he was allowed to build his house thereon and to plant specified plants without
    being compensated; he was free to clear and plant the land as long as he wished; he had no sharing arrangement
    between him and defendant; and he was not obligated to pay any price certain to, nor share the produce with, the
    latter.

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