April 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 172738 : April 16, 2012]
EDILBERTO C. VELARDE VS. CRISTINA GARDIOLA VEROCIL AND LINO GARDIOLA, SUBSTITUTED BY HIS WIFE, DELIA FE GARDIOLA1
G.R. No. 172738 (Edilberto C. Velarde vs. Cristina Gardiola Verocil and Lino Gardiola, substituted by his wife, Delia Fe Gardiola1)
RESOLUTION
After a perusal of the records, the Court resolves to DENY the instant petition for failure to show that the Court of Appeals committed any reversible error in upholding the tenancy right of Lino Gardiola as successor of his parents over his sister Cristina Gardiola Verocil whom petitioner Edilberto Velarde had allegedly chosen but who abandoned the landholdings. While Section 9 of Republic Act No. 3844 gives the lessor/landowner the right to choose a successor from among the heirs of the original tenant within one (1) month from the latter's death or permanent incapacity, the chosen successor should be one who can cultivate the landholding personally.2 However, where the chosen successor was not shown to be capable of personal cultivation or there is no sufficient evidence that a choice was timely made, the right to choose is lost and the heirs may agree among themselves who shall continue with the tenancy, as in this case.cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court