Professional Documents
Culture Documents
Sombilla
Facts:
Wilson Jesena owned land in Lucena, Iloilo
June 1970 - Wilson entered an agreement with Jorge Sombilla wherein Jorge was to
supervise tilling and farming
Aug. 1971 - Wilson sold the land to Jusayan
Jorge and Jusayan verbally agreed that Jorge would retain the land and deliver 110
cavans of palay annually to Jusayan without need for accounting of the cultivation
expenses provided Jorge cover the irrigation fees
1971-1983 - continued the agreement
1975 - Transferred ownership to sons (petitioners)
1984 - Jusayan terminated administration and asked for return of land
Jorge did not return the land, so a case was filed in 1986 in the RTC
RTC upheld the contractual relationship
CA reversed and dismissed the case, declaring it a case of agricultural tenancy and not
within the jurisdiction of the RTC (should be DAR)
Issues:
W.O.N. Relationship is that of agency or agricultural leasehold
Agricultural leasehold
Requisites of Agency:
1. Relationship is established by parties (express or implied);
2. Object is the execution of a juridical act in relation to a third person;
3. Agent acts as representative and not for himself; and
4. Agent acts within scope of his authority
Agency is not presumed by law
Verbal agreement between Jorge and Jusayan left all matters of
agricultural production to the sole discretion of Jorge
Delivery of palay and receipts proved that the contract was that of an
agricultural lease
Elements of agricultural tenancy:
1. The object of the contract or the relationship is an agricultural land
that is leased or rented for the purpose of agricultural production;
2. The size of the landholding is such that it is susceptible of personal
cultivation by a single person with the assistance of the members of
his immediate farm household;
3. The tenant-lessee must actually and personally till, cultivate or
operate the land, solely or with the aid of labor from his immediate
farm household; and
4. The landlord-lessor who is either the lawful owner or the legal
possessor of the land, leases the same to the tenant-lessee for a
price certain or ascertainable either in an amount of money or
produce