G.R. No. 36627; November 19, 1932
EL HOGAR FILIPINO, Mutual Building and Loan Association, plaintiff-appellee, vs. A. P. SEVA, Judicial Administrator of the Estate of the deceased Leonor G. de Seva, defendant-appellant.

FACTS

El Hogar Filipino filed a foreclosure proceeding against the estate of Leonor G. de Seva. The Court of First Instance of Manila issued a writ of execution, and the sheriff of Manila sold at public auction a mortgaged parcel of residential property located in Manila. The highest bidder was Victor Buencamino for P12,550. The defendant-appellant, as judicial administrator, opposed the confirmation of the sale, alleging the sale was extrajudicial, the price was inadequate, and the Manila court lacked jurisdiction to order the sale of a property located in Occidental Negros.

ISSUE

1. Whether the sheriff’s sale was extrajudicial.
2. Whether the alleged inadequacy of the purchase price is a valid ground to annul the sale.
3. Whether the Court of First Instance of Manila had jurisdiction to order the sale of mortgaged property located in Occidental Negros.

RULING

1. No. The sale was judicial, not extrajudicial, as it was conducted by the sheriff pursuant to a writ of execution issued by a competent court in a foreclosure proceeding.
2. No. Mere inadequacy of price, unless it is so gross as to shock the conscience, is not sufficient by itself to annul a judicial sale. The appellant failed to show that a higher price could be obtained if the sale were set aside.
3. Yes. Under prevailing doctrine, when a mortgage covers properties situated in different provinces, the Court of First Instance of a province where any part of the mortgaged property is located has jurisdiction to foreclose the mortgage and order the sale of all the properties. The rule on venue (place of trial) does not affect the court’s jurisdiction over the subject matter and can be waived. The order of the lower court confirming the sale was affirmed.

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