HONORABLE COURT OF APPEALS and ALMARIO

Jun 16th, 2015
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Under Section 36 (1) of Republic Act No. 3844, the Agricultural Land Reform Code, a landowner may eject an agricultural lessee or tenant on the ground that the owner shall personally cultivate the land himself. On September 10, 1971, Republic Act No. 6389, in amending Republic Act No. 3844, eliminated personal cultivation as a ground for the ejectment of the tenant or leaseholder.

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Republic of the PhilippinesSUPREME COURTManilaEN BANCG.R. No. L-34586 April 2, 1984HOSPICIO NILO,petitioner,vs.HONORABLE COURT OF APPEALS and ALMARIO GATCHALIAN,respondents.G.R. No. L-36625 April 2, 1984FORTUNATO CASTRO,petitioner,vs.JUAN CASTRO,respondent.Lavides Law Office for petitioner.The Solicitor General for respondents.GUTIERREZ, JR.,J.:+.wph!1Under Section 36 (1) of Republic Act No. 3844, the Agricultural Land Reform Code, a landowner may eject an agricultural lessee or tenant on the ground that the owner shall personally cultivate the land himself. On September 10, 1971, Republic Act No. 6389, in amending Republic Act No. 3844, eliminated personal cultivation as a ground for the ejectment of the tenant or leaseholder. The issue in these cases is whether or not the amendment in R.A. 6389 should be given retroactive effect to cover cases that were filed during the effectivity of the repealed provision.G.R. NO. L-34586 Thisis a petition for review on certiorari of the Court of Appeals' decision ruling that Republic Act No. 6389 has no retroactive effect.Respondent Almario Gatchalian is the owner of a parcel of riceland at Barrio San Roque, San Rafael, Bulacan with an area of two (2) hectares covered by Transfer Certificate of Title No. T-76791 of the Registry of Deeds of Bulacan. Petitioner Hospicio Nilo has been the agricultural share-tenant of Gatchalian since agricultural year 1964-65.On February 22, 1967, petitio

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