Invalid Tenancy Agreements Cannot Confer Security of Tenure: A Crucial Lesson from Philippine Jurisprudence

Romero v. Sombrino, G.R. No. 241353, January 22, 2020, 869 Phil. 306

Imagine waking up one day to find the land you’ve been farming for years suddenly under new ownership, and your right to continue working it questioned. This is the reality faced by many tenants in the Philippines, where disputes over land ownership and tenancy rights are common. The case of Romero v. Sombrino offers a stark reminder of the importance of understanding the legal foundations of tenancy agreements. At its core, the case revolves around whether a tenant can claim security of tenure when the supposed landowner had no legal right to the property.

In this dispute, the heirs of Lutero Romero challenged the tenancy claim of Crispina Sombrino over a two-hectare portion of land in Lanao del Norte. Sombrino claimed she was installed as a tenant by the original landowners, the Spouses Romero, in 1952. However, the Supreme Court found that the Spouses Romero never legally owned the land, thus invalidating any tenancy agreement they might have made.

Legal Context: Understanding Tenancy and Land Ownership

In the Philippines, agricultural leasehold tenancy is governed by Republic Act No. 1199, as amended, known as the Agricultural Tenancy Act. This law defines tenancy as a relationship where a person cultivates agricultural land belonging to another in exchange for a fixed amount of money or produce. The key elements of a valid tenancy agreement include:

• The parties are the landowner and the tenant or agricultural lessee.
• The subject matter is agricultural land.
• There is mutual consent to the relationship.
• The purpose is agricultural production.
• The tenant personally cultivates the land.
• The harvest is shared between the landowner and the tenant.

These elements must be proven to establish a tenancy relationship. Importantly, the law specifies that only the true and lawful landowner, who can be the owner, lessee, usufructuary, or legal possessor, can enter into a valid tenancy agreement. This principle is crucial in cases like Romero v. Sombrino, where the legitimacy of the landowner’s claim to the property is contested.

Consider a scenario where a farmer, Maria, has been cultivating a piece of land owned by Juan for years. If Juan sells the land to Pedro, Maria’s tenancy rights are protected under RA 3844, which states that the agricultural leasehold relation is not extinguished by mere sale or transfer of the land. However, if Juan was never the rightful owner, Maria’s agreement with him would be invalid, as seen in the Romero case.

Case Breakdown: The Journey of Romero v. Sombrino

The legal battle over the disputed land began long before Sombrino’s claim. Lutero Romero had successfully applied for a homestead patent over the land in 1967, which was upheld in a final and executory decision by the Supreme Court in Teodora Saltiga de Romero v. CA. This ruling established Lutero as the true and lawful owner, rejecting claims by his siblings that the land was held in trust for their father, Eugenio Romero.

Despite this, Sombrino claimed tenancy rights based on an alleged agreement with the Spouses Romero in 1952. She presented affidavits from workers and a Barangay Agrarian Reform Committee (BARC) chairman to support her claim. However, the Supreme Court noted critical flaws:

“Tenancy relationship cannot be presumed. An assertion that one is a tenant does not automatically give rise to security of tenure. Nor does the sheer fact of working on another’s landholding raise a presumption of the existence of agricultural tenancy.”

The Court also highlighted the impossibility of Eugenio Romero installing Sombrino as a tenant in 1952, as he had passed away in 1948. Furthermore, the Court emphasized:

“Tenancy relationship can only be created with the consent of the true and lawful landowner who is the owner, lessee, usufructuary or legal possessor of the land. It cannot be created by the act of a supposed landowner, who has no right to the land subject of the tenancy, much less by one who has been dispossessed of the same by final judgment.”

Given these findings, the Supreme Court ruled that Sombrino was not a tenant de jure and could not claim security of tenure over the land.

Practical Implications: Navigating Tenancy and Land Disputes

The Romero v. Sombrino decision underscores the importance of verifying the legal status of landowners before entering into tenancy agreements. For tenants, this ruling means that claims of tenancy must be supported by evidence that the landowner had a legitimate right to the property at the time of the agreement.

For property owners and potential buyers, the case highlights the need to conduct thorough due diligence on land titles and previous ownership disputes. This can prevent future legal challenges and protect their rights over the property.

Key Lessons:

• Ensure that the landowner has a valid title to the property before entering into a tenancy agreement.
• Tenants should gather substantial evidence of a valid tenancy agreement, including proof of the landowner’s consent.
• Legal advice should be sought in cases of disputed land ownership to avoid invalid agreements.

Frequently Asked Questions

What is an agricultural leasehold tenancy?

An agricultural leasehold tenancy is a relationship where a person cultivates agricultural land belonging to another in exchange for a fixed amount of money or produce.

Can a tenant claim security of tenure if the landowner’s title is disputed?

No, as seen in Romero v. Sombrino, a tenant cannot claim security of tenure if the landowner did not have a valid title to the land at the time of the tenancy agreement.

What evidence is required to establish a tenancy relationship?

Evidence must show that all elements of a valid tenancy agreement are present, including mutual consent, agricultural land, and the landowner’s legal right to the property.

What should a tenant do if their landowner’s right to the property is challenged?

A tenant should seek legal advice to understand their rights and gather evidence to support their claim of a valid tenancy agreement.

How can property owners protect their rights in land disputes?

Property owners should conduct thorough due diligence on land titles and seek legal advice to resolve any disputes before entering into tenancy agreements.

ASG Law specializes in agrarian law and property disputes. Contact us or email hello@asglawpartners.com to schedule a consultation.