G.R. No. 152957 - FAUSTINO ESQUIVEL,[1], VS. ATTY. EDUARDO REYES, HEREIN SUBSTITUTED BY HIS ONLY DAUGHTER, JULIETA R. GONZALES.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the DARAB Decision dated December 18, 2000 is hereby REVERSED and SET ASIDE. Accordingly, the PARAD Decision dated December 3, 1997 is ordered REINSTATED. " [5] The assailed Resolution, on the other hand, denied petitioner's Motion for Reconsideration. The Facts The facts of the case are narrated by the CA as follows: "[Respondent] Eduardo Reyes was the administrator of the landholdings previously owned by his parents, Spouses Leopoldo and Dolores Reyes. The subject landholding, approximately four (4) hectares, situated in Bayate, Liliw, Laguna, was one of those he administered. When the heirs of Sps. Reyes partitioned the landholdings, only 2.7 hectares was adjudicated to Atty. Reyes excluding the subject land. "When [respondent] took over the administration of the subject land, a ` patao' named Juana Montalbo was staying therein who was specifically tasked to prevent the entry of intruders and thieves of coconuts. As such ` patao' , she received 20% share of the net harvest as compensation. In 1971, Juana Montalbo who was then old and could no longer perform as ` patao' , recommended [Petitioner] Faustino Esquibel. [Respondent] acceded and gave him the same compensation that Juana Montalbo used to receive. [Petitioner] was not, in any way, involved in the cultivation of the land, as the plucking of coconuts was done by ` magkakawit', the gathering of fallen nuts was done by ` magsisimot' , the husking of the nuts was done by ` magtatapas' , and the transportation of nuts on horseback or by carabao-drawn sleds was done by ` maghahakot' or ` maghihila', all separately paid for by the [respondent]. "In 1995, [petitioner] went to the Municipal Agrarian Reform Officer (MARO) of Nagcarlan, Laguna, and requested the execution of a leasehold contract including his share in the lanzones harvest. [Respondent] Eduardo Reyes vehemently denied the existence of a tenancy relationship with [petitioner]. "In the meantime, [Respondent] Reyes learned that [petitioner] has abandoned the subject landholding as he and his family moved in Barangay Sta. Lucia, Nagcarlan, Laguna. [Respondent] then stopped paying [petitioner] the usual 20% of the net proceeds of the coconut harvest. "However, in one of the conferences with the MARO, [respondent] offered to sell the subject land to [petitioner] but the latter was adamant. "On April 8, 1997, [petitioner] filed a complaint against [respondent] for `Illegal Withholding of Shares; Maintenance of Peaceful Possession and Execution of Leasehold Tenancy Contract' with the Office of the Provincial Agrarian Reform Adjudicator (PARAD). Accordingly, on December 3, 1997, the PARAD dismissed the said complaint in its Decision ` 1. (F)inding the contract between Complainant Faustino Esquibel and Defendant Eduardo Reyes not one Agricultural Share Tenancy but a contract for services paid on commission basis; 2. Finding and declaring Complainant Faustino Esquibel not an agricultural share tenant de jure bu