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8. Welfredo Ceneze vs Feliciana Ramos
GR No. 172287

Sheet Music FACTS:

[3]
Petitioner Welfredo Ceneze filed an action for declaration as bona fide tenant-lessee of two parcels of
agricultural land owned by respondent Feliciana Ramos located in Lelemaan, Manaoag, Pangasinan
alleging that in 1981, Julian Ceneze, Sr. (Julian, Sr.), petitioner’s father, transferred his tenurial rights
over the landholding until April 12, 1991, when respondent forcibly entered and cultivated the land for
the purpose of dispossessing petitioner of his right as tenant.

Respondent denied that a tenancy relationship existed between her and petitioner, asserting that she
had never instituted petitioner as a tenant in any of her landholdings. She averred that petitioner had
never been in possession of the landholding, but admitted that it was Julian, Sr. who was the tenant of
the landholding. After Julian, Sr., his wife, and his son Julian migrated to the USA, she reported on April
8, 1991 to the Municipal Agrarian Reform Officer (MARO) of Manaoag, Pangasinan, the abandonment of
the landholding by Julian, Sr., his wife and his son, Julian, Jr.

On December 19, 1997, the Provincial Adjudicator favored petitioner finding that the latter is a bonafide
tenent-lessee of the landholding. DARAB affirmed the decision.

Respondent elevated the case to the CA through a petition for review for which CA resolved the petition
in favor of respondent landowner and dismissed petitioner’s complaint. Likewise, petitioner’s motion for
reconsideration was denied for lack of merit. Hence this petition for review was filed.

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No. The Court is guided by the principle that tenancy is not purely a factual relationship dependent on
what the alleged tenant does upon the land; it is also a legal relationship. A tenancy relationship cannot
be presumed. There must be evidence to prove the presence of all its indispensable elements, to wit:
(1) the parties are the landowner and the tenant; (2) the subject is agricultural land; (3) there is consent
by the landowner; (4) the purpose is agricultural production; (5) there is personal cultivation; and (6)
[12]
there is sharing of the harvest. The absence of one element does not make an occupant of a parcel of
land, its cultivator or planter, a de jure tenant.

Agra_Prudential LANDREF.pdf Agrarian Reform 1961-2001 Justice Cases for AG

Bank vs.… Law and Soc Leg Milagros German 092117
Gapultos.docx

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The certification or findings of the Secretary of Agrarian Reform (or of an authorized representative)
concerning the presence or the absence of a tenancy relationship between the contending parties are
merely preliminary or provisional in character; hence, such ce rtification does not bind the judiciary.

To prove a tenancy relationship, the requisite quantum of evidence is substantial evidence, or such
relevant evidence as a reasonable mind might accept as adequate to support a conclusion. The
Certification of the BARC Chairman and the affidavits of Julian, Sr. and of the tenants of the adjacent
landholdings certainly do not show that the elements of consent of the landowner and of sharing of
harvests are present.

In any case, the fact alone of working on a landholding does not give rise to a presumption of the
existence of agricultural
The certification tenancy.
or findings Substantial
of the Secretaryevidence requires
of Agrarian more
Reform (orthan a mere
of an scintillarepresentative)
authorized of evidence in
order that the
concerning thefact of sharing
presence canabsence
or the be established; thererelationship
of a tenancy must be concrete evidence
between on recordparties
the contending adequate
are
enough to prove the
merely preliminary element of
or provisional sharing. Inhence,
in character; this case, petitioner
such ce rtification failed to bind
does not present a receipt for
the judiciary.
respondent’s share in the harvest, or any other solid evidence proving that there was a sharing of
harvest.
You're Reading a Preview
To prove a tenancy relationship, the requisite quantum of evidence is substantial evidence, or such
relevant evidence as a reasonable mind might accept as adequate to support a conclusion. The
Petitioner is of
Certification notthe
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tenant
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entitled securitywith
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Sr. being
and of the no tenancy
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of the adjacent
between the parties,
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doDARAB did not
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elements ofover the case.
consent of the landowner and of sharing of

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harvests are present.

In any case, the fact alone of working on a landholding does not give rise to a presumption of the
existence of agricultural tenancy. Substantial evidence requires more than a mere scintilla of evidence in
order that the fact of sharing can be established; there must be concrete evidence on record adequate
enough to prove the element of sharing. In this case, petitioner failed to present a receipt for
respondent’s share in the harvest, or any other solid evidence proving that there was a sharing of
harvest.

Petitioner is not a de jure tenant entitled to security of tenure. There being no tenancy relationship
between the parties, the DARAB did not have jurisdiction over the case.

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