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STATU ORY CONSTRUCTION. ATTY. MIDES MARI S. CERBO-LINDAYAG.
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Cor Jesu College College of Law STATUTORY CONSTRUCTION ATTY. MIDES MARI S. CERBO-LINDAYAG CABANA, Jeezel MATARANAS Noel LOVITOS Menchie SIMBAJON Larah Jane SULTAN Harvey TATAD Maureen.
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*'Iii. Page 02. EXPROPRIATION LAWS. Modern Campus.
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Page 03. EXPROPRIATION LAWS. Expropriation is the governmental seizure of property or a change to existing private property rights, usually for public benefit..
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Page 03. ooH_0S4fy.
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Heirs of Jugalbot vs Court of Appeals, G.R. No. 170346, March 12, 2007.
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An Emancipation Patent (EP) was issued to Nicolas Jugalbot based on the latter's claim that he was the tenant of Lot 2180-C of the Subdivision plan (LRC) TSD-10465, subject property of the case at bar, with an area of 6,229 square meters, located at Barangay Lapasan , Cagayan de Oro City..
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The subject property was registered in the name of Virginia A. Roa under Transfer Certificate of Title (TCT) No. T-11543, in the name of "Virginia A. Roa married to Pedro N. Roa .".
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On a Certification issued by Department of Agrarian Reform (DAR) Team Leader Eduardo Maandig , the subject property was declared to be tenanted as of October 21, 1972 and primarily devoted to rice and corn. On March 1, 1988, the Emancipation Patent was registered with the Register of Deeds and Nicolas Jugalbot was issued TCT No. E-103..
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The heirs of Virginia A. Roa , herein private respondents, filed before the DARAB Provincial Office of Misamis Oriental a Complaint for Cancellation of Title (TCT No. E-103), Recovery of Possession and Damages against Nicolas Jugalbot which was dismissed and uphold the validity of the Emancipation Patent..
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Whether Or Not A Tenancy Relationship Exists Between Petitioners (Heirs Of Nicolas Jugalbot ) And Private Respondents (Heirs Of Virginia A. Roa ), Under Presidential Decree No. 27..
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@zaegücø Ceu üe. No. In Qua v. Court of Appeals and subsequently in Benavidez v. Court of Appeals, the doctrine is well- settled that the allegation that an agricultural tenant tilled the land in question does not automatically make the case an agrarian dispute. It is necessary to first establish the existence of a tenancy relationship between the party litigants..
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@zaegücø Ceu üe. The following essential requisites must concur in order to establish a tenancy relationship: (a) the parties are the landowner and the tenant; (b) the subject matter is agricultural land; (c) there is consent; (d) the purpose is agricultural production; (e) there is personal cultivation by the tenant; and (f) there is a sharing of harvests between the parties. These elements are not present in the case at bar, therefore, there is no Tenancy relationship between the parties..
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qzauütq out t/ce Ceut. Page 15. FIN THANK YOU!.