G.R. No. L-45185; April 28, 1939
THE GOVERNMENT OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. SALUD ALDEGUER VIUDA DE ROMERO SALAS, defendant-appellant.

FACTS

The defendant, Salud Aldeguer Viuda de Romero Salas, confessed judgment in a foreclosure case and was ordered by the Court of First Instance of Manila to pay a debt to the plaintiff, the Government of the Philippine Islands (through the Philippine Postal Savings Bank). The judgment, which became final, gave her six months to pay. After the six-month period expired, the court granted the plaintiff’s motion for execution and ordered the public auction of the mortgaged properties. The sheriff sold the properties to the Postal Savings Bank as the highest bidder. The defendant appealed the court’s orders approving the execution and the sale, arguing the execution motion was prematurely filed, the sale was irregular, and that her motion for new trial was erroneously denied.

ISSUE

Whether the trial court erred in: (1) granting the writ of execution; (2) approving the public sale of the properties; and (3) denying the motion for new trial.

RULING

The Supreme Court affirmed the trial court’s orders. (1) The writ of execution was valid because although the motion for execution was filed before the six-month period expired, the writ itself was issued long after the period had lapsed. The premature filing of the motion did not invalidate the subsequently issued writ. (2) The approval of the sale was proper as the properties were sold in accordance with law, and no irregularity was shown. (3) The denial of the motion for new trial was correct. Furthermore, the defendant could not assail the writ of execution itself as she did not appeal from that specific order.

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