G.R. No. L-1806; February 25, 1948
ALFONSO PAGKALINAWAN and MANUEL PAGKALINAWAN, petitioners, vs. SOTERO RODAS, Judge of First Instance of Manila, JOAQUIN GARCIA, Sheriff of Manila, and MANUEL TAMBUNTING, respondents.

FACTS

In an ejectment case, the Court of First Instance of Manila rendered a decision ordering petitioners Alfonso and Manuel Pagkalinawan to vacate the premises and pay rentals directly to respondent Manuel Tambunting. Petitioners later filed an interpleader suit because another claimant, Angel de Leon Ong, warned them not to pay Tambunting. They deposited the rentals with the clerk of court. Despite this deposit and the pending interpleader, the trial court, upon Tambunting’s motion, ordered the execution of its ejectment decision. Petitioners sought certiorari and prohibition to stop the execution.

ISSUE

Whether the execution of the ejectment decision should be stayed given that the petitioners, faced with conflicting claims to the rentals, deposited the amounts with the court and filed an interpleader suit.

RULING

Yes. The petition is granted. The Supreme Court ordered the respondent judge and sheriff to desist from carrying out the writ of execution. The deposits made with the clerk of court constituted a bona fide compliance with the decision, as the petitioners were confronted with a legitimate conflicting claim from Angel de Leon Ong. The law allows the filing of an interpleader suit under such circumstances. If Tambunting believes he is entitled to the rentals, his proper remedy is to move for their withdrawal from the court’s deposit, not to insist on execution against the petitioners.

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