Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1948 > February 1948 Decisions > G.R. No. L-1806 February 25, 1948 - ALFONSO PAGKALINAWAN, ET AL. v. SOTERO RODAS

080 Phil 281:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-1806. February 25, 1948.]

ALFONSO PAGKALINAWAN and MANUEL PAGKALINAWAN, Petitioners, v. SOTERO RODAS, Judge of First Instance of Manila, JOAQUIN GARCIA, Sheriff of Manila, and MANUEL TAMBUNTING, Respondents.

P. L. Meer, for Petitioners.

Sarte & Garcia for Respondents.

SYLLABUS


EJECTMENT; EXECUTION; STAY BY VIRTUE OF DEPOSIT OF RENTALS IN CONNECTION WITH INTERPLEADER SUIT; CASE AT BAR. — The decision of the respondent judge of August 16, 1947, orders the petitioners to pay the rentals directly to the respondent M. T. and provides for their ejectment in case of default. In connection with an interpleader suit filed by the petitioners in the Court of First Instance of Manila, said rentals were deposited with the clerk of court, of which fact the respondent judge was informed by the petitioners in their constancia dated October 15, 1947. Held, That such deposits constitute a bona fide compliance with the decision of the respondent judge justifying stay of execution.


D E C I S I O N


PARAS, J.:


In an ejectment suit between Manuel Tambunting, plaintiff, and Alfonso Pagkalinawan and Manuel Pagkalinawan, Defendants, appealed from the municipal court to the Court of First Instance of Manila, the latter court, after trial, rendered a decision dated July 3, 1947, sentencing the defendants to vacate the house in question and to pay to the plaintiff the rentals from November, 1946, at the rate of P45 a month, plus the costs. Acting upon a motion for reconsideration filed by the defendants, the Court of First Instance of Manila issued an order dated July 26, 1947, granting said motion, setting aside the decision of July 3, 1947, and absolving the defendants from the complaint. On motion for reconsideration in turn filed by the plaintiff, an order dated August 16, 1947, was issued in which the same court "dicta de nuevo sentencia en esta causa, ordenando al Escribano pague al aqui demandante los alquileres depositados por los demandados hasta la fecha, y que en adelante dichos demandados paguen al demandante directamente los alquileres, en caso contrario, el Juzgado ordenara su lanzamiento de la finca en cuestion y les condenara al pago de las costas." This decision appears to have become final, as a result of which, upon petition of the plaintiff, the Court of First Instance of Manila ordered the issuance of a writ of execution. The defendants sought to stay the execution on the ground that they had in the meantime filed with the same court an interpleader suit against the plaintiff and one Angel de Leon Ong, praying that the latter two be ordered to litigate their conflicting claims to the rentals due from the defendants for the premises in question, it appearing that said defendants received a notice from the attorney of Angel de Leon Ong advising the defendants to stop paying rentals to the plaintiff. The Court of First Instance of Manila acceded to the motion for stay of execution, but, at the instance of the plaintiff, it issued an order on November 1, 1947, directing that execution be proceeded with. Failing to obtain a reconsideration of the latter order, the defendants instituted the present petition for certiorari and prohibition, seeking from us an order directing Hon. Sotero Rodas, Judge of the Court of First Instance of Manila, and Joaquin Garcia, sheriff, to desist from carrying out the writ of execution.

There is merit in the petition. It is true that the decision of the respondent judge of August 16, 1947, orders the petitioners to pay the rentals directly to the respondent Manuel Tambunting and provides for their ejectment in case of default. But it appears that, in connection with the interpleader suit filed by the herein petitioners in the Court of First Instance of Manila, said rentals were deposited with the clerk of court, of which fact the respondent judge was informed by the petitioners in their constancia dated October 15, 1947. Such deposits, in our opinion, constitute a bona fide compliance with the decision of the respondent judge, since it is undeniable that the petitioners were warned by Angel de Leon Ong not to pay rentals to the respondent Manuel Tambunting. That there is really a conflicting claim between Angel de Leon Ong and respondent Manuel Tambunting is evidenced by the fact that there are pending in the Court of First Instance of Manila civil case No. 815, between Manuel Tambunting, plaintiff, and Angel de Leon Ong and Ong Hoa, Defendants, for the annulment of a contract of sale involving the premises in question, and civil case No. 2690, between Angel de Leon Ong, plaintiff, and Manuel Tambunting, defendant, for the ejectment of Tambunting from the property located at Nos. 329 to 339 Tanduay Street, Manila, which includes the premises held by the petitioners. Under the law, the latter have a right to file the interpleader suit in view of the claim for rentals of Angel de Leon Ong; and if the respondent Tambunting believes that he is legally entitled to said rentals, he is free to move for the withdrawal of the deposits made by the petitioners.

Wherefore, the petition is hereby granted and the respondent judge and sheriff are ordered to desist from carrying out the writ of execution issued in civil case No. 1489. So ordered, with costs against the respondent Manuel Tambunting.

Perfecto, Hilado, Briones and Tuason, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






February-1948 Jurisprudence                 

  • G.R. No. L-1782 February 2, 1948 - FIDEL B. FORTUNATO v. THE DIRECTOR OF PRISONS

    080 Phil 187

  • G.R. No. L-725 February 3, 1948 - PEOPLE OF THE PHILIPPINES v. FRANCISCO APARATO

    080 Phil 199

  • G.R. No. L-869 February 9, 1948 - PEOPLE OF THE PHILIPPINES v. PASTOR TAN MATEO, ET AL.

    080 Phil 211

  • G.R. No. L-1357 February 9, 1948 - MARIANO R. LACSON v. C. N. HODGES, ET AL.

    080 Phil 216

  • G.R. No. L-1788 February 9, 1948 - MATIAS NAREDO v. NICASIO YATCO

    080 Phil 220

  • G.R. No. L-1808 February 14, 1948 - FAUSTINO FULGENCIO v. FELIPE NATIVIDAD

    080 Phil 224

  • G.R. No. L-1313 February 16, 1948 - ROSALINA CUNANAN v. RAFAEL AMPARO

    080 Phil 227

  • G.R. No. L-1424 February 17, 1948 - PEOPLE OF THE PHILIPPINES v. FERNANDO CARPIZO

    080 Phil 234

  • G.R. No. L-1651 February 17, 1948 - AGAPITO B. ANDAL v. BIENVENIDO A. TAN

    080 Phil 236

  • R-Civil No. 1740 February 18, 1948 - FELISA R. DE VICTORIO v. JACOB VOLZ

    080 Phil 239

  • G.R. No. L-1273 February 19, 1948 - JOSE F. SINGSON v. VICENTE Q. QUINTILLAN, ET AL.

    080 Phil 242

  • G.R. No. L-1636 February 24, 1948 - VICENTE MADRIGAL v. SOTERO RODAS

    080 Phil 252

  • G.R. No. L-1692 February 24, 1948 - AMADO SOROÑGON, ET AL. v. QUERUBE MAKALINTAL

    080 Phil 259

  • G.R. No. L-1988 February 24, 1948 - JESUS MIQUIABAS v. COMMANDING GENERAL

    080 Phil 262

  • G.R. No. 48411 February 24, 1948 - ELKS CLUB v. LEOPOLDO ROVIRA

    080 Phil 272

  • G.R. No. L-538 February 25, 1948 - PEOPLE OF THE PHILIPPINES v. MAURICIO OLAVIDES ET AL.

    080 Phil 280

  • G.R. No. L-1806 February 25, 1948 - ALFONSO PAGKALINAWAN, ET AL. v. SOTERO RODAS

    080 Phil 281

  • G.R. Nos. L-683 & L-684 February 26, 1940

    EL PUEBLO DE FILIPINAS v. ANASTACIO IMSON, ET AL.

    080 Phil 284

  • G.R. No. L-1612 February 26, 1948 - JORGE B. VARGAS v. EMILIO RILLORAZA

    080 Phil 297

  • G.R. No. L-1828 February 26, 1948 - JOSE SILVESTRE v. CONRADO SANCHEZ

    080 Phil 368

  • G.R. No. L-1247 February 27, 1948 - HOSPICIA BLAY, ET AL. v. BATANGAS TRANSPORTATION COMPANY

    080 Phil 373

  • G.R. No. L-1317 February 27, 1948 - PEOPLE OF THE PHILIPPINES v. ABRAHAM LOGO

    080 Phil 377

  • G.R. No. L-1566 February 27, 1948 - CIPRIANO OLAVIANO v. PRIMITIVO ORIELL

    080 Phil 379

  • G.R. No. L-1631 February 27, 1948 - ABELARDO SUBIDO v. ROMAN OZAETA

    080 Phil 383

  • G.R. No. L-1853 February 27, 1948 - GRACIANO SITCHON, ET AL. v. THE PROVINCIAL SHERIFF OF OCCIDENTAL NEGROS, ET AL.

    080 Phil 397

  • G.R. No. L-1870 February 27, 1948 - ANTONIO C. OGNIR v. DIRECTOR OF PRISONS

    080 Phil 401

  • G.R. No. L-1128 February 28, 1948 - GERARDO M. ALFONSO v. NICASIO YATCO

    080 Phil 407

  • G.R. No. L-1719 February , 28, 1948 - CANUTO VALIENTE v. JUEZ DEL JUZGADO DE PRIMERA INSTANCIA DE TARLAC

    080 Phil 415