Hilario v Salvador GR.No.

160381 5/29/05

SECOND DIVISION
[G.R. No. 70736. March 16, 1987.]
BONIFACIO L. HILARIO and EDUARDA M. BUENCAMINO HILARIO, Petitioners, v. HONORABLE
INTERMEDIATE APPELLATE COURT AND SALVADOR BALTAZAR, Respondents.
Bonifacio L. Hilario, for Petitioners.
Alberto Mala, Jr. for Private Respondent.

DECISION

GUTIERREZ, JR., J.:

This is a petition for review on certiorari of the Court of Appeals decision declaring Salvador Baltazar a
leasehold tenant entitled to security of tenure on a parcel of land consisting of 1,740 square meters.

chanro bles law l ibra ry : red

On January 13, 1981, Salvador Baltazar filed a verified complaint with the Court of Agrarian Relations,
Branch VI at Baliuag, Bulacan alleging that since January, 1955 he had been in continuous possession as a
share tenant of a parcel of land with an area of about 2 hectares situated in San Miguel, Bulacan, which was
previously owned by one Socorro Vda. de Balagtas; that on or about December 27, 1980, and thereafter,
the spouses Hilario began to threaten him to desist from entering and cultivating a portion of the aforesaid
land with an area of 4,000 square meters and otherwise committed acts in violation of his security of
tenure; that the Hilarios were contemplating the putting up of a fence around the said portion of 4,000
square meters and that unless restrained by the court, they would continue to do so to his great irreparable
injury.
Baltazar claims that he became a tenant of Socorro P. Vda. de Balagtas on the latters two hectare
landholding located at San Juan, San Miguel, Bulacan by virtue of a "Kasunduan" executed between them on
January 8, 1979. He states that he erected his house and planted "halaman," the produce of which was
divided at 70-30 and 50-50 (sic) in his favor. After the death of Socorro P. Vda. de Balagtas, he allegedly
gave the share pertaining to the landowner to her daughter Corazon Pengzon. It was only in December,
1980 that he came to know that a portion of the 2 hectares or 4,000 square meters is already owned by the
Hilarios.
On the other hand, the petitioners aver that they acquired the landholding of 4,000 square meters from the
Philippine National Bank (PNB) after it had been foreclosed by virtue of a deed of sale executed between
Bonifacio Hilario and the PNB. The former owner Corazon Pengzon testified that she owned only two lots
Lot 427-B with an area of 841 square meters and Lot 427-C with an area of 899 square meters with a total
area of 1,740 square meters. The other 2 lots were owned by Ruben Ocampo and Juan Mendoza. She
further testified that in 1964 at the time of the partition of the property, she declared the property for
classification purposes as "bakuran" located in the Poblacion and had no knowledge that there were other
things planted in it except bananas and pomelos.
chanro bles lawl ib rary : red nad

On November 27, 1981, the Court of Agrarian Relations (CAR) in determining whether or not respondent
Baltazar is the tenant of the petitioners ruled that the land in question is not an agricultural landholding but
plain "bakuran," hence, Baltazar is not a tenant on the land.
On January 30, 1982, the Court of Appeals, however, remanded the case to the lower court for further
proceedings on the ground that the findings of the Court of Agrarian Relations (CAR) were not supported by
substantial evidence.
In compliance with the order of the Court of Appeals, the CAR admitted additional evidence.
On December 19, 1983, the CAR admitted the petitioners third party complaint filed with leave against the

Philippine National Bank (PNB) which states that in the event that judgment would be rendered against
them under the original complaint, the PNB must contribute, indemnify, and reimburse the spouses the full
amount of the judgment.
On the basis of the parties and their witnesses affidavits containing detailed narrations of facts and
documentary exhibits which served as their direct testimonies pursuant to PD 946, the CAR found that there
was no tenancy relationship existing between Baltazar and the former owner, Corazon Pengzon. The
dispositive portion of the decision reads:
jgc:cha nrob les.c om.ph

"WHEREFORE, judgment is hereby rendered declaring plaintiff not to be a tenant on the landholding
described in the complaint and ordering his ejectment therefrom.
"The third-party complaint is hereby dismissed for lack of merit." (pp. 25-26, Rollo)
Again, respondent Salvador Baltazar appealed to the then Intermediate Appellate Court (IAC).
The IAC, however, reversed the decision of the CAR and held that:

jgc:chan robles. com.ph

". . . [T]he decision appealed from is hereby SET ASIDE, and another one entered declaring plaintiffappellant a leasehold tenant entitled to security of tenure on the land in question consisting of 1,740 square
meters. Costs against defendants-appellees." (p. 31, Rollo).
Consequently, the spouses Hilarios filed this petition for review making the following assignments of errors:

chan rob1e s

virtua l 1aw lib rary

I. THE INTERMEDIATE APPELLATE COURT ERRED IN DISTURBING THE FINDINGS OF FACTS AND DECISION
OF THE COURT OF AGRARIAN RELATIONS (CAR) WHICH IS SUPPORTED BY SUBSTANTIAL EVIDENCE.
II. THE INTERMEDIATE APPELLATE COURT ERRED IN SUBSTITUTION (SIC) THE FINDINGS OF FACTS OF
CAR, OF ITS OWN FINDINGS.
III. THE INTERMEDIATE APPELLATE COURT ERRED IN NOT AFFIRMING THE DECISION OF CAR, FINDING
THE LOTS IN QUESTION WITH AN AREA OF 1,740 SQUARE METERS AS RESIDENTIAL LOT AND PRIVATE
RESPONDENT NOT TO BE A TENANT.
We agree with the respondent court when it stated that it can affirm on appeal the findings of the CAR only
if there is substantial evidence to support them. However, after a careful consideration of the records of the
case, we find no valid reason to deviate from the findings of the CAR. The evidence presented by the
petitioners is more than sufficient to justify the conclusion that private respondent Salvador Baltazar is not a
tenant of the landholding in question.
chanrobles vi rt ual lawli bra ry

Salvador Baltazar claims: that he is working on the land in question pursuant to a "kasunduan" executed
between him and Socorro Balagtas. The contract covers a two-hectare parcel of land. The disputed
landholding is only 4,000 square meters more or less, although Baltazar claims that this area is a portion of
the two hectares in the contract. He testified that sometime in 1965, he relinquished 1.5 hectares of the two
hectares subject of the "kasunduan" to Nemesio Ocampo, Juan Mendoza, Miguel Ocampo and Miguel Viola
and what remained under his cultivation was 1/2 hectare owned by Corazon Pengson. He stated that when
Socorro Balagtas died, no new contract was executed. However, he insists that the old contract was
continued between Corazon Pengson and himself. (Rollo, p. 23).
This claim is controverted by the testimony of Corazon Pengson herself which we quote as follows:

jgc:chan robles .com.p h

"Q After the death of your mother in 1965, what step, if any, have you taken, regarding this subject
landholding or after the death of your mother how did you
"Q . . . administer this landholding in 1963, 1964, 1965, 1966, etc?
"A What I did is to fix the title of ownership, sir.
COURT:

jgc:chanroble s.com.p h

"Q What else?

"A None other, Your Honor.

jgc:chanroble s.com. ph

"A We are neighbors, Your Honor, sometimes he visits and goes to our place and we used to meet there,
Your Honor.
"Q What was the purpose of his visit and your meeting in this landholding?
"A Sometimes when he visits our place he tells us that there are some bananas to be harvested and
sometimes there are other fruits, your Honor.
"Q You mean to say he stays in this subject landholding consisting of 7,000 square meters?
"A After the survey it turned out
"A . . . that he is occupying another lot which I learned that property does not belong to us, Your Honor.
"Q What was your arrangement regarding his stay in that landholding which you dont own?
"A He said that he had a contract with my late mother which I dont know; in order not to cause any trouble
because I will be bothered in my business, I told him to continue, Your Honor.
"Q What do you mean when you
COURT:

chanrob1es v irt ual 1aw l ibra ry

(continuing)
. . . told him to continue?
"A What I mean to say is that he can stay there although I dont understand the contract with my mother,
Your Honor.
"Q Was he paying rentals for his stay in that lot?
"A No, Your Honor" (T.S.N., pp. 15-19, hearing of August 5, 1981).
Corazon Pengson further explained that she did not receive any share from the produce of the land from
1964 up to the filing of the case and she would not have accepted any share from the produce of the land
because she knew pretty well that she was no longer the owner of the lot since 1974 when it was foreclosed
by the bank and later on purchased by the spouses Hilarios.
We note the CARs finding:

jgc:chanro bles .com.ph

"Tenancy relationship is indivisible. The two-hectare land subject of plaintiffs alleged contract with Socorro
Balagtas having been parcelled into seven (7) and possession thereof relinquished/surrendered in 1965
results in the termination of plaintiffs tenancy relationship with the previous owner/landholder. Such being
the case, he cannot now claim that the landholding in question consisting of 4,000 square meters, more or
less, is being cultivated by him under the old contract. The owner thereof Corazon Pengson has no tenancy
relationship with him (plaintiff). (p. 25, Rollo)
From the foregoing, it is clear that Corazon Pengson did not give her consent to Baltazar to work on her land
consisting of only 1,740 square meters. We agree with the CAR when it said:
jgc:chan roble s.com.p h

"The law accords the landholder the right to initially choose his tenant to work on his land. For this reason,
tenancy relationship can only be created with the consent of the true and lawful landholder though lawful
means and not by imposition or usurpation. So the mere cultivation of the land by usurper cannot confer
upon him any legal right to work the land as tenant and enjoy the protection of security of tenure of the law
(Spouses Tiongson v. Court of Appeals, 130 SCRA 482)" (Ibid).
And in the case of Tuazon v. Court of Appeals (118 SCRA 484), this Court had the occasion to explain:
x

chanro b1es vi rtua l 1aw li bra ry

". . . Tenancy is not a purely factual relationship dependent on what the alleged tenant does upon the land.
It is also a legal relationship. The intent of the parties, the understanding when the farmer is installed, and,
as in this case, their written agreements, provided these are complied with and are not contrary to law, are
even more important."
cralaw virt ua1aw li bra ry

The respondent court ruled that the fact that the land in question is located in the poblacion does not
necessarily make it residential.
The conclusion is purely speculative and conjectural, We note that the evidence presented by the petitioners
sufficiently establishes that the land in question is residential and not agricultural.
As we stated in Tiongson v. Court of Appeals (supra) "the key factor in ascertaining whether or not there is
a landowner-tenant relationship in this case is the nature of the disputed property."
cra law virtua 1aw lib rary

The records show that the disputed property, only 1,740 square meters in area, is actually located in the
poblacion of San Miguel, Bulacan not far from the municipal building and the church. It is divided into two
lots Lot 427-B with an area of 841 square meters and Lot 427-C with an area of 899 square meters. Two
other lots which the respondent claims to cultivate as "tenant" were originally owned by Ruben Ocampo and
Juan Mendoza, not Corazon Pengson, through whom the respondent traces his alleged tenancy rights.
Respondent Baltazar is a full-time government employee working in the Bureau of Plant Industry.
The disputed lots were acquired at a foreclosure sale from the Philippine National Bank. They were
purchased as residential lots and the deed of sale describes them as "residential." The inspection and
appraisal report of the PNB classified the land as residential. The declaration of real property on the basis of
which taxes are paid and approved by the Acting Provincial Assessor of Bulacan classifies the land as
residential. The tax declarations show that the 841 square meter lot is assessed for tax purposes at
P25,236.00 while the 899 square meter lot is assessed at P26,920.00. The owner states that the land has
only bananas and pomelos on it. But even if the claim of the private respondent that some corn was planted
on the lots is true, this does not convert residential land into agricultural land.
The presumption assumed by the appellate court, that a parcel of land which is located in a poblacion is not
necessarily devoted to residential purposes, is wrong. It should be the other way around. A lot inside the
poblacion should be presumed residential, or commercial or non-agricultural unless there is clearly
preponderant evidence to show that it is agricultural.
The respondent court also failed to note that the alleged tenant pays no rental or share to the landowners.
Baltazar made a vague allegation that he shared 70-30 and 50-50 of the produce in his favor. The former
owner flatly denied that she ever received anything from him.
chanro bles law l ibra ry : red

The requirements set by law for the existence of a tenancy relationship, to wit: (1) The parties are the
landholder and tenant; (2) The subject is agricultural land; (3) The purpose is agricultural production; and
(4) There is consideration; have not been met by the private Respondent.
We held in Tiongson v. Court of Appeals, cited above that:

jgc:chanro bles.c om.ph

"All these requisites are necessary in order to create tenancy relationship between the parties and the
absence of one or more requisites do not make the alleged tenant a de facto tenant as contradistinguished
from a de jure tenant. This is so because 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. . . ." (Emphasis supplied).

WHEREFORE, the petition is GRANTED. The decision of the respondent Court of Appeals is hereby REVERSED
and SET ASIDE and the decision of the Court of Agrarian Relations is AFFIRMED.
SO ORDERED.