EUFROCINA NIEVES, as represented by her attorney-in-fact, LAZARO VILLAROSA, JR.
,
Petitioner, vs. ERNESTO DULDULAO and FELIPE PAJARILLO, Respondents.
G.R. No. 190276, April 2, 2014
Agricultural lessees, being entitled to security of tenure, may be ejected from their landholding
only on the grounds provided by law. These grounds – the existence of which is to be proven by
the agricultural lessor in a particular case – are enumerated in Section 36 of Republic Act No.
(RA) 3844, otherwise known as the "Agricultural Land Reform Code," which read as follows:
Section 36. Possession of Landholding; Exceptions. - Notwithstanding any agreement as
to the period or future surrender, of the land, an agricultural lessee shall continue in the
enjoyment and possession of his landholding except when his dispossession has been
authorized by the Court in a judgment that is final and executory if after due hearing it is
shown that:
(1) The landholding is declared by the department head upon recommendation
of the National Planning Commission to be suited for residential, commercial,
industrial or some other urban purposes: Provided, That the agricultural lessee
shall be entitled to disturbance compensation equivalent to five times the
average of the gross harvests on his landholding during the last five preceding
calendar years; (as amended by RA 6389)
(2) The agricultural lessee failed to substantially comply with any of the terms
and conditions of the contract or any of the provisions of this Code unless his
failure is caused by fortuitous event or force majeure;
(3) The agricultural lessee planted crops or used the landholding for a purpose
other than what had been previously agreed upon;
(4) The agricultural lessee failed to adopt proven farm practices as determined
under paragraph 3 of Section twenty-nine;
(5) The land or other substantial permanent improvement thereon is
substantially damaged or destroyed or has unreasonably deteriorated through
the fault or negligence of the agricultural lessee;
(6) The agricultural lessee does not pay the lease rental when it falls due:
Provided, That if the non-payment of the rental shall be due to crop failure to
the extent of seventy-five per centum as a result of a fortuitous event, the non-
payment shall not be a ground for dispossession, although the obligation to pay
the rental due that particular crop is not thereby extinguished; or
(7) The lessee employed a sub-lessee on his landholding in violation of the terms
of paragraph 2 of Section twenty-seven. (Emphases supplied)
