Carp Cases

FIRST DIVISION

[G.R. No. 86186. May 8, 1992.]

RAFAEL GELOS, petitioner, vs. THE HONORABLE COURT OF APPEALS and ERNESTO ALZONA, respondents.

 CRUZ, J p:

        The Court is asked to determine the real status of the petitioner, who claims to be a tenant of the private respondent and entitled to the benefits of tenancy laws. The private respondent objects, contending that the petitioner is only a hired laborer whose right to occupy the subject land ended with the termination of their contract of employment.

        The subject land is a 25,000 square meter farmland situated in Cabuyao, Laguna, and belonging originally to private respondent Ernesto Alzona and his parents in equal shares. On July 5, 1970, they entered into a written contract with petitioner Rafael Gelos employing him as their laborer on the land at the stipulated daily wage of P5.00. 1 On September 4, 1973, after Alzona had bought his parents' share and acquired full ownership of the land, he wrote Gelos to inform him of the termination of his services and to demand that he vacate the property. Gelos refused and continued working on the land.

        On October 1, 1973, Gelos went to the Court of Agrarian Relations and asked for the fixing of the agricultural lease rental on the property. He later withdrew the case and went to the Ministry of Agrarian Reform, which granted his petition. For his part, Alzona filed a complaint for illegal detainer against Gelos in the Municipal Court of Cabuyao, but this action was declared "not proper for trial" by the Ministry of Agrarian Reform because of the existence of a tenancy relationship between the parties. Alzona was rebuffed for the same reason when he sought the assistance of the Ministry of Labor and later when he filed a complaint with the Court of Agrarian Relations for a declaration of non-tenancy and damages against Gelos. On appeal to the Office of the President, however, the complaint was declared proper for trial and so de-archived and...