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Sy- quia vs Sheriff of Ilocos Sur and De Leon (1924) the action of interpleader, the facts shown do not

ader, the facts shown do not justify an interference by


mandamus. The sheriff might lay himself open to an action for damages if he
Petitioner: GREGORIO R. SY-QUIA sold the goods without the consent of the holder of the last mortgage, and it
Respondent: THE SHERIFF OF ILOCOS SUR and FILADELFO DE LEON does not appear that the petitioner offered to give bond to hold him harmless
Ponencia: OSTRAND, J. in such an event. In these circumstances, his action in suspending the sale
pending the determination of the action of interpleader seems justified.
DOCTRINE: It would have been better practice for the sheriff to sell the
property and hold the proceeds of the sale subject to the outcome of the DISPOSITION: The petition is denied with the costs against the petitioner.
action of interpleader, However, the facts shown do not justify an interference So ordered.
by mandamus. The sheriff might lay himself open to an action for damages if
he sold the goods without the consent of the holder since no bond was
offered to hold him harmless in such an event.

FACTS:
1.) Miguel Cheng-Laco and Feliciano Cheng-Kiangco executed a chattel
mortgage on their mercantile, establishment, together with the
merchandise contained therein, as security for a debt of P6k in favor
of the petitioner, Gregorio R. Sy-Quia.
Intention of the parties was that the mortgagors can sell
the merchandise, replenishing their stock from time to
time and that the new stock brought in should also be
subject to the mortgage
2.) Cheng-Laco executed another chattel mortgage on the same
establishment and all its contents in favor of the respondent Filadelfo
de Leon as security for the sum of P4,900.
3.) Sy-quia requested in writing to the Sheriff of Ilocos Sur that the
mortgaged property be sold at a public auction. This led De Leon to
present an adverse claim to the property by virtue of his chattel
mortgage, alleging that all the goods on which the chattel mortgage
of Gregorio R. Sy-Quia was given had been sold long before the
chattel mortgage in favor of De Leon was executed and that,
therefore, the earlier chattel mortgage was of no effect.
4.) Being in doubt, the Sheriff suspended the foreclosure proceedings
and brought an action requiring the parties to interplead.
5.) Sy-quia then filed a petition for a writ of mandamus to compel the
Sheriff to proceed with the foreclosure sale, alleging that the duty of
the Sheriff was a ministerial one.

ISSUES: Whether or not it was proper for the Sheriff to suspend the
proceedings and file an action for interpleader

RULING + RATIO: YES. It was proper.

The SC held that although it would have been better practice for the sheriff to
sell the property and hold the proceeds of the sale subject to the outcome of