POLICARPIO and ERLINDA NISNISAN vs.

CA, Spouses MANCERA

GR 126425 | August 12, 1998

FACTS: Spouses Gavino and Florencia Nisnisan own a 4.9 hectare piece of land in Davao del Sur. They
are the parents of Policarpio Nisnisan (petitioner).

Since 1961, Policarpio has been cultivating one hectare of the land.

In April 1976, the father Gavino Nisnisan entered into a leasehold tenancy agreement with Policarpio
Nisnisan, with a 1/3:2/3 sharing (the bigger share going to the son).

In December 1978, the father sold the whole 4.9 hectare land to the Spouses Mancera. As a result of
the share, the spouses were ousted from the land.

In 1982, Policarpio and Erlinda filed a petition with the RTC (CAR) for reinstatement of the tenancy
holding. The Mancera spouses countered that they had already voluntarily surrendered their
landholding.

RTC Ruling – dismissed. It held that the affidavit of Gavino Nisnisan that the land was untenanted. Said
affidavit was filed with the RD and annotated on the TCT. Thus, this affidavit "shattered the claim of
tenancy of Policarpio"

CA Ruling – affirmed. It affirmed the RTC adding that aside from the affidavit that was annotated, there
was an earlier annotated Affidavit of Non–Tenancy per Justice Circular 31. Furthermore, the CA gave
weight to the assertion of the father Gavino in an Affidavit that the alleged tenancy was fictitious and
done only so that Policarpio can borrow from the Government's Masagana 99 program, which Policarpio
didnt repay.

ISSUE: WON the spouses Policarpio and Erlinda have voluntarily surrendered their landholding.

Case for Petitioner: They have a contract of the tenancy agreement (in the dialect of Davao). Even
assuming the land was sold, the vendee should still respect and security of tenure of the tenants
thereon, and thus they cannot be evicted except on lawful grounds and causes.

Case for Respondent: It was fictitious. There are affidavits of Non–Tenancy annotated on the Titles.
Further, it was voluntarily surrendered.

SC RULING:

NO. There is no proof that the spouses Policarpio and Erlinda Nisnisan have voluntarily surrendered
their landholding.

AS held in Cuao vs CA, even an annotation of the Certification by a representative of the Ministry of
Agrarian Reform is not conclusive of the legal nature and incidents of the tenancy relations between the
parties. It neither adds to the validity or correctness of that certification nor converts a defective and
invalid instrument into a valid one as between the parties. These certifications are merely provisional
and not binding upon the courts.
Further, the spouses Policarpio have a document of the tenancy relationship. It clearly shows that the
subject land is agricultural; that petitioner Policarpio Nisnisan is obligated to cultivate the same by
planting rice thereon; and, that there is sharing of the harvests between the said parties. It is of
particular note that this evidence was never controverted by the father Gavino Nisnisan. Hence, this
strong piece of evidence cannot be overcome by a mere self–serving affidavit of Gavino Nisnisan, even if
it is annotated on the title.

Furthermore, the respondents practically admitted the tenancy relationship when they averred that the
petitioners voluntarily surrendered the landholding. On this score, they did not present any proof that
Policarpio voluntarily surrendered the landholding, other than their bare assertions. Moreover, the filing
of the complaint for reinstatement of leasehold tenancy by petitioners-spouses against private
respondents before the CAR militates against the private respondents claim that petitioners-spouses
voluntarily surrendered their landholding to them.

Thus, the agricultural leasehold relation cannot be extinguished by the mere expiration of the term or
period in an agricultural leasehold contract nor by the sale, alienation or transfer of the legal possession
of the landholding. He can only be ejected for cause, which, however, is absent in the case at bar.

DISPOSITIVE PORTION: CA decision is modified in that the petitioners are declared tenants and
AFFIRMED in all other respects.