In the Philippines, several lands are still classified as "Agricultural". Landowners in turn has more growing concerns on the status of those who are occupying on their property, by tolerance, then claiming to be tenants. The Philippine Supreme court made a decision in the case of Caballes v. DAR, et al., G.R. No. 78214, December 5, 1988:
"The fact of sharing alone is
not sufficient to establish a tenancy relationship. Certainly, it is not
unusual for a landowner to accept some of the produce of his land from someone
who plants certain crops thereon. This is a typical and laudable provinciano
trait of sharing or patikim, a native way of expressing gratitude for
favor received. This, however, does not automatically make the tiller-sharer a
tenant… Tenancy status arises only if an occupant of a parcel of land has been
given its possession for the primary purpose of agricultural production. The
circumstances of this case indicate that the private respondent's status is
more of a caretaker who was allowed by the owner out of benevolence or
compassion to live in the premises…"
It is to be noted that concrete evidence has to be established that there was a sharing of harvest. Independent evidence, aside from their self-serving
statements, is needed to prove personal cultivation, sharing of harvests, or
consent of the owner and establish a tenancy relationship.
