[ G.R. No. 11607, March 27, 1916 ]
PHILIPPINE SUGAR ESTATES DEVELOPMENT COMPANY (LTD.), PLAINTIFF AND APPELLEE, VS. ARMANDO CAMPS Y CAMPS, DEFENDANT AND APPELLANT.
D E C I S I O N
The only question presented by said motion is whether or not there exists the right of appeal from an order of the trial court confirming the report of the sheriff of a sale of property in foreclosure proceedings.
Section 257 of Act No. 190 provides that the sale of property under foreclosure procedure must be confirmed by the court. Said section provides that a sale by the sheriff does not have the effect of transferring the property sold until the same is confirmed by a decree of the court. Thus it appears that the confirming of the sale is a very important order. The title of the property cannot pass to the purchaser until the sale is confirmed. The court may decline to confirm the sale, for good cause shown, and set the same aside and order a new sale. While the court may or may not confirm the sale within his discretion, we are of the opinion that, whatever his order is, the interested parties may appeal therefrom if they feel themselves aggrieved. (Warner, Barnes & Co. vs. Santos, 14 Phil. Rep., 446; Raymundo vs. Sunico, 25 Phil. Rep., 365.)
The defendant having the right to appeal from said order and having availed himself of that right within the time for the prefection of appeals, the motion to dismiss the appeal is hereby denied. So ordered.
Torres, Moreland, Trent, and Araullo, JJ., concur.