Section 37 of R.

A 3844 states that the burden of proof to show the existence of a

lawful cause for the ejectment of an agricultural lessee shall rest upon the agricultural
lessor. So it is incumbent upon the complainant to adduce substantial evidence for the
ejectment case to prosper.

Upon careful evaluation of the documents submitted by the Plaintiffs and after listening
the prefatory statements of their counsel, I find no credible justification, both in reason
and in law to eject my client

In the Preliminary Conference Brief submitted by the Plaintiffs, it was stated there as
an admitted fact That a Leasehold Contract was executed between the registered
owner Jose Delas Peñas, Jr. plaintiff’s father and Salvador Tacuyan Jr., defendant’s
father.

Section 9 of R. A. 3844 provides that Agricultural Leasehold Relation is Not

Extinguished by Death or Incapacity of the Parties. By operation of law, the defendant
succeeds as New an Agricultural Lessee while the plaintiffs became agricultural lessors
upon the death of their parents in keeping to the provision of the law on Security of
Tenure.

In their complaint, there’s a serious allegation that during the entire period of the
defendant’s occupation, he has never paid any rental whatsoever to the plaintiffs. For
this reason allow me to present these documents and be marked as Exhibit “A-A9” in
order to prove the falsity of their allegation.

And the “Kasabutan Sa Pag-abang sa Yutang Kaumahan” be marked as Exhibit “B-

B1” in order to reinforce the defendant’s claim as a bona fide tenant.

In case of death or permanent incapacity of the agricultural lessee to work his

landholding, the leasehold shall continue between the agricultural lessor and the person
who can cultivate the landholding personally, chosen by the agricultural lessor within
one month from such death or permanent incapacity, from among the following: (a) the
surviving spouse; (b) the eldest direct descendant by consanguinity; or (c) the next
eldest descendant or descendants in the order of their age: Provided, That in case the
death or permanent incapacity of the agricultural lessee occurs during the agricultural
year, such choice shall be exercised at the end of that agricultural year: Provided,
further, That in the event the agricultural lessor fails to exercise his choice within the
periods herein provided, the priority shall be in accordance with the order herein
established.
Moreover, as respondents correctly point out in their comment, the DARAB and its
adjudicators are not bound by the technical rules. Section 3, Rule I, of the 1994 DARAB
Rules of Procedure provides:

SECTION 3. Technical Rules Not Applicable. The Board and its Regional and
Provincial Adjudicators shall not be bound by technical rules of procedure and evidence
as prescribed in the Rules of Court, but shall proceed to hear and decide all agrarian
cases, disputes or controversies in a most expeditious, just and inexpensive manner,
employing all reasonable means to ascertain the facts of every case in accordance with
justice and equity.x x x

 DARAB is mandated by its own rules to resolve cases expeditiously, unhampered by

the technical rules,

not bound by technical rules of procedure and evidence, to the end that agrarian reform
disputes and other issues will be adjudicated in a just, expeditious and inexpensive
action or proceeding.23

Section 9. Agricultural Leasehold Relation Not Extinguished by Death or Incapacity of

the Parties - In case of death or permanent incapacity of the agricultural lessee to work
his landholding, the leasehold shall continue between the agricultural lessor and the
person who can cultivate the landholding personally, chosen by the agricultural lessor
within one month from such death or permanent incapacity, from among the following:
(a) the surviving spouse; (b) the eldest direct descendant by consanguinity; or (c) the
next eldest descendant or descendants in the order of their age: Provided, That in case
the death or permanent incapacity of the agricultural lessee occurs during the
agricultural year, such choice shall be exercised at the end of that agricultural year:
Provided, further, That in the event the agricultural lessor fails to exercise his choice
within the periods herein provided, the priority shall be in accordance with the order
herein established.

Section 23. Rights of Agricultural Lessee in General - It shall be the right of the

agricultural lessee:

(1) To have possession and peaceful enjoyment of the land;

(2) To manage and work on the land in a manner and method of cultivation and
harvest which conform to proven farm practices;

(3) To mechanize all or any phase of his farm work; and

(4) To deal with millers and processors and attend to the issuance of quedans
and warehouse receipts for the produce due him.

Section 5. The agricultural leasehold relation shall be established by operation of law in

accordance with Section four of this Code and, in other cases, either orally or in writing,
expressly or impliedly.

Section 7. Tenure of Agricultural Leasehold Relation - The agricultural leasehold

relation once established shall confer upon the agricultural lessee the right to continue
working on the landholding until such leasehold relation is extinguished. The agricultural
lessee shall be entitled to security of tenure on his landholding and cannot be ejected
therefrom unless authorized by the Court for causes herein provided.

Section 8. Extinguishment of Agricultural Leasehold Relation - The agricultural

leasehold relation established under this Code shall be extinguished by:

(1) Abandonment of the landholding without the knowledge of the agricultural

lessor;

(2) Voluntary surrender of the landholding by the agricultural lessee, written

notice of which shall be served three months in advance; or

(3) Absence of the persons under Section nine to succeed to the lessee, in the
event of death or permanent incapacity of the lessee.
Section 15. Agricultural Leasehold Contract in General - The agricultural lessor and the
agricultural lessee shall be free to enter into any kind of terms, conditions or stipulations
in a leasehold contract, as long as they are not contrary to law, morals or public policy.

 Nature and Continuity of Conditions of Leasehold Contract - In the absence of any

agreement as to the period, the terms and conditions of a leasehold contract shall
continue until modified by the parties: Provided, That in no case shall any modification
of its terms and conditions prejudice the right of the agricultural lessee to the security of
his tenure on the landholding: 

Section 27. Prohibitions to Agricultural Lessee - It shall be unlawful for the agricultural

lessee:

(1) To contract to work additional landholdings belonging to a different

agricultural lessor or to acquire and personally cultivate an economic family-size
farm, without the knowledge and consent of the agricultural lessor with whom he
had entered first into household, if the first landholding is of sufficient size to
make him and the members of his immediate farm household fully occupied in its
cultivation; or

(2) To employ a sub-lessee on his landholding: Provided, however, That in case

of illness or temporary incapacity he may employ laborers whose services on his
landholding shall be on his account.

Section 30. Obligations of the Agricultural Lessor - It shall be the obligation of the

agricultural lessor:

(1) To keep the agricultural lessee in peaceful possession and cultivation of his
landholding; 

Section 31. Prohibitions to the Agricultural Lessor - It shall be unlawful for the

agricultural lessor:

(1) To dispossess the agricultural lessee of his landholding except upon

authorization by the Court under Section thirty-six. Should the agricultural lessee
be dispossessed of his landholding without authorization from the Court, the
agricultural lessor shall be liable for damages suffered by the agricultural lessee
in addition to the fine or imprisonment prescribed in this Code for unauthorized
dispossession;

Section 37. Burden of Proof - The burden of proof to show the existence of a lawful
cause for the ejectment of an agricultural lessee shall rest upon the agricultural lessor.
Section 38. Statute of Limitations - An action to enforce any cause of action under this
Code shall be barred if not commenced within three years after such cause of action
accrued.