#09

Agrarian Law and Social Legislation (Tenancy Law)

Prudential Bank vs. Gapultos

G.R.No. L-41835, January 19, 1990
PARAS, J.

Wisdom of the Court/Introductory statement

Tenancy Law; Essential requisites in order to create a tenancy relationship between the parties.
— The essential requisites of a tenancy relationship are: (1) the parties are the landowner and the tenant; (2) the subject is agricultural land; (3) there is consent; (4) the purpose is
agricultural production; (5) there is personal cultivation; and (6) there is sharing of harvests. All these requisites m ust concur in order to create a tenanc y relati onship
bet wee n the parties. The absenceof one does not make an occupant of a parcel of land, or a cultivator thereof, or a planter thereon, a de jure tenant. 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.

Land Reform Laws cannot be used as a shield or a ploy to defraud creditors.

There is no leasehold tenancy where alleged lessee never intended to cultivate the land personally.

Procedural History (ex. Before the Court is a special civil action for certiorari under Rule 65 of the Rules of Court seeking to reverse and set aside
the Resolutions of CA.)

FACTS:

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ISSUE/s: (STATE ONLY THE ISSUE BASED ON THE TOPICS ASSIGNED ON THE SYLLABUS – A SEPARATE DIGEST SHALL BE MADE FOR A DIFFERENT TOPIC
ACCORDING TO THE TOPIC ITENERARY OF THE SYLLABUS) EX. WON the CTA has jurisdiction over a special civil action for certiorari assailing an
interlocutory order issued by the RTC in a local tax case

HELD: (STATE THE SIMPLE DISPOSITVE PORTION OR RULING OF THE SC) EX. Petition denied. CA decision is affirmed.s

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