Cecilleville Realty and Services Corporation vs.

Court of Appeals,
et al.,
5 September 1997,
G.R. No. 120363
Cecilleville Realty and Services Corporation (Petitioner) is an owner of a parcel of
land in Catmon, Sta. Maria, Bulacan. Ana Pascual (Pascual) is a tenent of the said
land and thus lives within a parcel of land therein. Her son, Herminigildo Pascual
( Private Respondent), assists her in her duties as a tenant since she is already of
old age and infirm. The respondent does not live in the home of Pascual, but instead
has his own home in the same portion of land. Despite the repeated demands of the
petitioner for the private respondent to vacate the land, the respondent refuses to
do so since he helps his mother to tend the land which she is entitled to. Petitioner
instituted an ejectment suit against the private respondent before the Municipal
Trial Court of Sta. Maria, Bulacan. The MTC ordered private respondent to vacate the
land and pay the some of P500 monthly from the filing of the complaint. Private
Respondent appealed to the Regional Trial Court (RTC) which set aside the decision
of the MTC and remanded the case to the Department of Agrarian Reform
Adjudication Board. Petitioner moved for reconsideration, but to no avail, hence
petitioner appealed to the Court of Appeals. The CA dismissed the petition since it
was devoid of merit. Dissatisfied petitioner filed the instant petition for review on
certiorari to this court.
Issue:
Whether or not private respondent is a tenant of the said land which entitles him to
create an abode of his own.
Ruling:

Petition is Granted.
According to Republic Act no. 1199, as amended by R.A 2263,
Sec. 5. 0(a) A tenant shall mean a person who, himself and with the aid available
from within his immediate farm household, cultivates the land belonging to, or
possessed by, another, with thelatter1s consent for purposes of production, sharing
the produce with the landholder under the share tenancy system, or paying to the
landholder a price certain or ascertainable in produce or in money or both, under
the leasehold tenancy system. (o) Immediate farm household includes the members
of the family of the tenant, and such other persons, whether related to the tenant or
not, who are dependent upon him for support and who usually help him operate the
farm enterprise. it cannot be argued that the private respondent is entitled to help
his mother in cultivating his land since he is an immediate member of of Ana

Pascuals family. What is of concern is that only a tenant may construct and
maintain his/her house in the said portion of land. Said home must be no more than
3% of the total land area of his land holding and provided that it does not exceed
1000sqm. The purpose of the act is to afford adequate protection to the rights of
both tenants and landholders.it would be unfair to the land owners if the courts
would sustain the arguments of the private respondent. The land would no longer
be for efficient agricultural production but instead will become a residential area
filled with colonies of houses.
the petition is granted. The part of the decision appealed from which is inconsistent
herewith reversed and set aside. The decision of the MTC directing the private
respondent pascual to vacate the land he occupies and to pay the petitioner
ttorneys fees in the amount of P10,000.00 and another P500.00 monthly from filing
of the complaint is hereby Reinstated. Cost against private respondent. SO
ORDERED.