GR 45494; (March, 1937) (Digest)
G.R. No. 45494 ; March 30, 1937
ISIDRO DE SANTOS, petitioner, vs. ALEX REYES, Judge of the Court of First Instance of Manila, and EL HOGAR FILIPINO, respondents.
FACTS
A judgment based on a compromise agreement was rendered against petitioner Isidro de Santos, ordering him to pay a debt to respondent El Hogar Filipino. The agreement included provisions for a receiver to administer mortgaged properties and suspended execution for three years, contingent on the properties maintaining a certain net income. After three years, El Hogar Filipino moved for execution, alleging the net income had decreased below the stipulated threshold. De Santos opposed, arguing the judgment was void because the compromise was based on a substantial error in estimating the annual net income. The court granted execution. De Santos appealed, but the trial judge disapproved his bill of exceptions, ruling the order was interlocutory and not appealable. De Santos then filed this petition to compel approval of the bill of exceptions.
ISSUE
Whether the order directing execution of the judgment is final and appealable.
RULING
No. The order is interlocutory and not appealable. In a foreclosure of a real estate mortgage, the title to the property is not transferred until the court confirms the sale. Thus, an order directing issuance of a writ of execution does not conclusively determine the parties’ rights. Furthermore, even if appealable, the petitioner cannot annul the compromise judgment based on an error in his own estimate of income, as such error is not imputable to the respondent. The petition is denied.
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