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REFERRAL CASES

Don Pepe Henson Enterprises vs. Pangilinan

161 SCRA 688

Alleged agreements executed by respondents purportedly relinquishing

possession of their landholding are not enforceable, as it would violate the

Code of Agrarian Reforms on security of tenure of tenants.

Evangelista vs. Court of Appeals

158 SCRA 41

A share tenant (under Rep. Act No. 1199) or an agricultural lessee

(under Rep. Act No. 3844) is entitled to security of tenure over the landholding

he works at. Not even the expiration of any term or period fixed in the

leasehold contract, in the case of an agricultural lessee will cause the lessee's

ejectment from the land. On the other hand, a civil lessee, under a contract of

civil lease, does not enjoy security of tenure over the land object of the

contract. A civil lease can be ejected from the land after the expiration of the

term provided for in the contract.

Gamalog vs. Court of Appeals

30 SCRA 591

Expiration of contract of lease does not extinguish the tenancy

relationship.

Amante vs. Court of Agrarian Relations

18 SCRA 427-428

Expiration of tenancy contract does not extinguish tenancy relationship.

http://www.lis.dar.gov.ph/documents/5236http://www.lis.dar.gov.ph/documents/5236http://www.lis.dar.gov.ph/documents/5108http://www.lis.dar.gov.ph/documents/5108http://www.lis.dar.gov.ph/documents/5043http://www.lis.dar.gov.ph/documents/5043http://www.lis.dar.gov.ph/documents/4910http://www.lis.dar.gov.ph/documents/4910http://www.lis.dar.gov.ph/documents/5236http://www.lis.dar.gov.ph/documents/5108http://www.lis.dar.gov.ph/documents/5108http://www.lis.dar.gov.ph/documents/5043http://www.lis.dar.gov.ph/documents/5043http://www.lis.dar.gov.ph/documents/4910http://www.lis.dar.gov.ph/documents/4910http://www.lis.dar.gov.ph/documents/5236

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AGRICULTURAL LEASEHOLD RELATION; Extinguishment

Section 7 of R.A. No. 3844, on the other hand, states that once the agricultural

leasehold relation is established, the same shall confer upon the lessee the right

to continue working on the landholding until such relation is extinguished, and the

agricultural lessee shall be entitled to security of tenure on his landholding and

cannot be ejected therefrom unless authorized by the Court and for causes

provided by law. It is worthy to note that the sale or alienation of tenanted land is

not among the causes of extinguishment of the agricultural leasehold relation

provided under the law.

VOLUNTARY SURRENDER; Proof neededVoluntary surrender, as a mode of extinguishment of tenancy relations, does not

require any court authorization considering that it involves the tenant's own

volition. (see Jacinto v. Court of Appeals, 87 SCRA 263 (1978). To protect the

tenant's right to security of tenure, voluntary surrender as contemplated by law,

must be convincingly and sufficiently proved by competent evidence. The tenant's

intention to surrender the landholding cannot be presumed, much less

determined by mere implication. Otherwise, the right of a tenant to security of

tenure becomes an illusory one. (Impossible / unlawful contract)