Heirs of Pacifico Gonzales Vs. Juanito De Leon, et al.
G.R. No. 210428. December 7, 2016

Subject of the controversy is a parcel of land located at Sitio Guinting, Brgy. Casile, Cabuyao, Laguna covered by four (4) separate Transfer Certificates of Title (TCT) Nos. T-68211, T-28288, T-434931 and T-68212 of the Registry of Deeds of Calamba, Laguna with a total combined area of 49.8 hectares, registered under the name of Pacifico Gonzales, petitioners' predecessor-in-interest.

On 19 April 2001, the Department of Environmental and Natural Resources (DENR) issued Inspection Report declaring the subject properties exempt from CARP coverage on the following grounds:

The land is more than 18% in slope;
It is not irrigated;
70% of the land is not cultivated;
It is not planted to rice and corn;
That other appropriate government agencies had already been consulted, their approval sought and was granted.

The Respondents alleged the existence of a tenancy relationship and their status as bonafide tenants and farmer-beneficiaries. However, the MTC held that the evidence presented by the respondents failed to prove the essential requisites of tenancy relationship between plaintiff and respondents.


1.    What are agricultural lands?

In Luz Farms v. Hon. Secretary of the Dep't. of Agrarian Reform,21 this Court had ruled that agricultural lands are only those which are arable and suitable.


2.    What are the two conditions that must concur in order for land to be considered as not agricultural?

1) the land has been classified in town plans and zoning ordinances as residential, commercial or industrial; and

2) the town plan and zoning ordinance embodying the land classification has been approved by the HLURB or its predecessor agency prior to 15 June 1988.

3.    Define agricultural activity under Sec. 3 (c) of R.A. No. 6657.

Agricultural activity refers to the cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or fish, including the harvesting of such farm products, and other farm activities and practices performed by a farmer in conjunction with such farming operations done by person whether natural or juridical.


4.    Who are the qualified beneficiaries of lands covered by the CARP?

Sec. 22. Qualified Beneficiaries. — The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority:

(a) agricultural lessees and share tenants;
(b) regular farmworkers;
(c) seasonal farmworkers;
(d) other farmworkers;
(e) actual tillers or occupants of public lands;
(f) collectives or cooperatives of the above beneficiaries; and
(g) others directly working on the land.


5.    Is there a tenancy relationship between the parties?

There was no tenancy relationship. Defendants failed to prove that the property is an agricultural land and the presence of tenancy relationship


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