Before the Court, the applicant argues that the Court erred (1) in issuing as sufficient the transfer of the compromise judgment in January 1959; and (2) if the other questions raised before him are not answered, (a) the legality of the sheriff`s public auction and b) the type of machinery in question, whether mobile or building.chanroblesvirualablibraryraryrrobles Virtual Satoik Library Petitioner continues to be late in payment, as stipulated in the compromise judgment, according to Grace Park Engineering, Inc. filed by the court on August 15, 1959. A letter of execution of September 23, 1959 followed later.chanroblesviruallibraryraryraryrrobles Law Library Virtual Law Petitioner states that he was not informed or served the decision is untenable. The judgment of 28 January 1959 on the following court compromise agreement was rendered in open court. This is an essential respect that must be respected. (De los Reyes vs. Us. Ugarte, supra) Chanrobles Virtual Law Library The Court of Appeals issued an injunction against the sheriff on December 8, 1959, but it turned out that on December 4, 1959, the sheriff had already sold the machines at public auction as planned. The defendant Grace Park Engineering, Inc. was the sole bidder for P15,000.00, although the sale of the certificate has not yet been completed.
The Court of Appeal constructed the sheriff to suspend the issuance of a certificate of sale of the sawmill machinery and equipment he sold on December 4, 1959, pending the final decision of the case. On November 9, 1960, the Court of Appeal issued the above decision. the Court of Appeal`s decision is hereby set aside and we declare that the enforcement decision in this case against Petent Pastor D. Ago`s sawmill machinery and equipment of Grace Park Engineering purchased by Grace Park Engineering, Inc., as well as the sale of the same by the Surigao Sheriff, are null and void. The costs are directed against the defendant Grace Park Engineering, Inc.chanroblesvirtuallibraryrrobles Virtual Law Library Petitioner Ago in late payment and thus, in 1958, respondent Grace Park Engineering, Inc. introduced proceedings of extrajudicial enforcement of the mortgage.