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Query: Five years ago, Don Vicente and I entered into a
lease-tenancy contract—for me to till his three-hectare lot near
the beach. Our relationship went well for in the first two years.
However, he ejected me, claiming that I had abandoned my task by
delegating the tilling of the subject parcel to another person. The
truth of the matter, however, is that I merely requested somebody to
do the plowing because of the irregular weather condition in our
place. Having no other source of income, I am now faced with the
problem of supporting my family—my wife is jobless and we have two
children to feed. Can a tenant-lessee just be driven away by the
lesson without prior notice? I gathered that Don Vicente has been
contracted by another person who offers better terms than mine. My
question is: Was Don Vicente right in considering our tenancy
relationship terminated and thereby lawfully eject me from his land?
Thank you in advance. - Tibo A.
Response
From the facts you have related, it appears that
the land-owner (Don Vicente) had committed an act of injustice to
you.
Republic Act No. 3844, otherwise known as the
Agricultural Land Reform Code, provides the following requisites for
a tenancy relationship to exist:
—The parties are the landowner and the tenant
—The subject is agricultural land
—The purpose is agricultural production
—There is personal cultivation, and
—There is sharing of harvest.
As ruled by the Supreme Court in Oarde vs. Court
of Appeals (280 SCRA), all the foregoing factors must concur to
establish the juridical relationship of tenancy. Conversely, the
absence of any of the requisites negates the existence of a tenancy
relationship.
However, Section 27 (2) of Republic Act No. 3844
allows an agricultural lessee, in case of illness or temporary
incapacity, to avail himself of the services of laborers. Thus, when
you allowed somebody to temporarily till the leased parcel, the same
did not amount to abandonment of your task under Section 38 of
Republic Act no. 1199, otherwise known as the “Agricultural
Tenancy Act of the Philippines.”
Consequently, for his precipitate act of
considering tenancy relationship terminated, thereby paving the way
for your ejection/eviction from the subject parcel, the landowner
can be held liable for damages. At the same time, you can move for
the revival of your contract for agricultural tenancy.
___
My judicial innovations as a trial judge for 21
years are being adopted by the Supreme Court.
My first judicial innovation adopted is the
SPACE System, which requires litigants to file pre-trial briefs
(which I call pre-trial “guides”) to be used during pre-trial
conferences.
The word SPACE is an acronym of Speedy Process
in the Adjudication of Civil Entanglements, which I conceived in
1972 when I was the Executive Judge in Aklan—having observed that
there was a delay in the disposition of cases. Thus, I ordered the
holding of pre-trial conferences, requiring the disputants to
file” pre-trial guides” at least a week before the setting. Said
“pre-trial guides” hastened the disposition of cases as the
judge and the disputants are beforehand familiarized with the
problems and possible solutions. Thus, the High Tribunal mandated in
the Revised Rules of Court the filing of pre-trial briefs.
My second judicial innovation recognized by the
Supreme Court is the CARE System which requires the holding of
pre-trial conferences, before the actual trial. Such pre-trial
conferences, however, is preceded by a preliminary conference with
the disputants without the assistance of counsel, who often block
the reconciliation of their clients. By the way, the word CARE is an
acronym of Christian Approach in the Reconciliation of Enemies. My
staff then observed that out of ten cases, seven were disposed or
settled after a preliminary conference. Obviously noting the
effectiveness of the CARE System, the Supreme Court adopted it but
renamed it “mediation.” This is now mandatory in the trial and
appellate courts.
Unfortunately, many mediators are not conversant
with the system—hence, they fail in reconciling the disputants.
___
Above all things, let us reflect on the
following words of our Lord and Master Jesus Christ: “He who loves
his life loses it, and he who hates his life in this world will keep
it for eternal life. If anyone serves me, he must follow me; and
where I am, there shall my servant be also; if anyone serves me, the
Father will honor him.” (John 12:25-26).
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