Back

Felix Gonzales, etal vs. Court of Appeals. Etal.

FELlX GONZALES & CARMEN GONZALES, petitioners, vs. HON. COURT OF APPEALS, DECEASED SPOUSES ANDRES AGCAOILE & LEONORA AGCAOILE, substituted by LUCIA A. SISON, respondents.

G.R. No. 36213 | 1989-06-29

D E C I S I O N


GRIá'O-AQUINO, J.:

The issue in this case is whether an agricultural tenancy relationship can be created over land embraced in an approved residential subdivision. The petitioners leased a lot in the subdivision on which they built their house, and, by tolerance of the subdivision owner, they cultivated some vacant adjoining lots. The Court of Agrarian Relations, as well as the Court of Appeals, ruled that "the plaintiffs are not de jure agricultural tenants." (p. 66, Rollo.) That ruling is assailed in this appeal by certiorari.

On October 26, 1988, Lucia A. Sison filed a motion to be substituted in lieu of the private...