Facts:

• Isidoro de Santos seeks to compel Judge Alex Reyes to approve and certify a bill of exceptions in civil cases involving the execution of a judgment based on a compromise agreement.
• The judgment was rendered on August 31, 1933, ordering Santos to pay El Hogar Filipino the sum of P636,658.74, plus interest.
• The judgment was based on a compromise agreement between the parties, which included provisions regarding the execution of the judgment and the administration of the mortgaged properties.
• El Hogar Filipino filed motions in October 1936, requesting the issuance of a writ of execution and the sale of the mortgaged properties, as the conditions stipulated in the compromise agreement had been met.
• Santos opposed the motions, claiming that the judgment was null and void due to an error in his estimate of the net income of the properties.
• The court issued an order on January 16, 1937, directing the execution of the judgment and the sale of the properties.
• Santos appealed the order and filed a bill of exceptions, which was disapproved by the court.

Issue:

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Ruling:

• The order directing the execution of the judgment and the sale of the properties is not final and appealable.
• Incidental orders that do not definitely settle or conclude the rights of the parties or create a legal state between them are not appealable, as provided by Section 123 of the Code of Civil Procedure.
• The title to the property cannot be understood as transferred to the purchaser at public auction until the sale has been approved by the court.
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Ratio:

• The court's decision is based on Section 123 of the Code of Civil Procedure, which states that incidental orders that do not definitely settle or conclude the rights of the parties or create a legal state between them are not appealable.
• The order directing the execution of the judgment and the sale of the p...continue reading