DARAB CASE NO.

15907
(Reg. Case No. BR-0800-N-0739-07)
SALVADOR M. BORGUETA,
Petitioner-Appellant
-versusOSCAR CAETE, ESPERIDION MADERAZO
ROLANDO M. HAYAHAY,
MARCELINO MADERAZO
Respondents-Appellees,
Facts:
Before the Board is an appeal from the Decision dated 10 April 2008 of the Regional
Agrarian Reform Adjusdicator (RARAD) OF Region VIII, for Biliran.
On September 2 2000, a petition for Ejectment and Payment of Back Rentals was
filed involving the 6.1980 hectares landholding of the deceased Mariquita Maderazo.
The petitioner Salvador M. Borqueta, in representation of the heirs of Mariquita
Maderazo vda. De Borqueta, filed a complaint for ejectment and payment of back
rentals on 02 September 2000.
The petitioner alleged that during the lifetime of Mariquita two of her natural
nephews were occupying and tenanting her land.
Records shos that her nephew Esperidon Maderazo cultivated a portion of the
subject land with an agreed lease rental of eight (8) cavans of palay per harvest.
Although Esperidion failed to comply with his obligation since 1975 his actions was
tolerated by the administrator of the land Artemio Maderazo his cousin.
Marcelino Maderazo and Oscar Caete are respondent are both respondent and
cultivators of the lot but refused to vacate and pay the rental each harvest.
The petioner pray that the respondents be ordered to pay the agreed rentals or
vacate the subject landholding.
Issue:
Whether there exists a tenancy relationship between Mariquita Maderazo and the
respondents.
Held:
The Agricultural Leasehold Contract dated 02 April 2007 presented as evidence by
the petitioner appellant shows that the contract did not disclose how the
respondents became the tenants of the subject land. Neither does the Certification

of Tomas Rosete and Eufemia Rosete attest that Esperidion Maderazo is a cultivator
of the land.
Further the fact that the nephews of the petitioner-appellant had worked on the
subject landholding does not raise the presumptions of the existence of agricultural
tendency.
Having failed to prove the existence of tenancy relationship, between Mariquita
Maderazo and the respondents, the Board has to dismiss the instant case.