G.R. No. L-11607; March 27, 1916
PHILIPPINE SUGAR ESTATES DEVELOPMENT COMPANY (LTD.), plaintiff-appellee, vs. ARMANDO CAMPS Y CAMPS, defendant-appellant.

FACTS:
The plaintiff-appellee filed an action to foreclose a mortgage. The trial court rendered a judgment in favor of the plaintiff on July 23, 1915, ordering the foreclosure. After the defendant-appellant failed to deposit the amount due as ordered, the court issued an order for the sale of the mortgaged property. The defendant objected to the order of sale, but the property was sold nonetheless. The sheriff reported the sale to the court for confirmation. The defendant again objected to the confirmation. Despite the objection, the lower court issued an order confirming the sale on November 18, 1915. The defendant duly excepted to the order of confirmation on November 24, 1915, and filed his bill of exceptions on December 4, 1915. The record was received by the Supreme Court on January 21, 1916. The plaintiff-appellee subsequently filed a motion to dismiss the appeal on March 20, 1916.

ISSUE:
Whether or not the defendant-appellant has the right to appeal from the order of the trial court confirming the sheriff’s report of the sale of property in foreclosure proceedings.

RULING:
The Supreme Court DENIED the motion to dismiss the appeal. The Court held that an order confirming a sheriff’s sale in foreclosure proceedings is appealable. Section 257 of Act No. 190 (the Code of Civil Procedure) provides that a sale by the sheriff does not transfer the property until confirmed by the court. The confirmation of the sale is a crucial judicial act, as the court retains discretion to confirm or set aside the sale for good cause. Consequently, an interested party who feels aggrieved by the order of confirmation has the right to appeal. The defendant-appellant perfected his appeal within the reglementary period. The ruling is supported by prior jurisprudence (Warner, Barnes & Co. vs. Santos, 14 Phil. 446; Raymundo vs. Sunico, 25 Phil. 365).