Motion For Certificate Of Finality h196y

REPUBLIC OF THE PHILIPPINES COURT OF APPEALS MANILA SPECIAL FORMER FIRST DIVISION xxx, Petitioner, - versus -

CA-G.R. NO. 123456 Original Action for Annulment of Judgment

xxx, Respondents. x-------------------------------------x MOTION FOR ISSUANCE OF CERTIFICATE OF FINALITY AND FOR REMAND OF RECORDS Respondents, by counsel, respectfully move for the issuance of a Certificate of Finality and the remand of records to the Court of Origin, and state that: 1.

On 3 October 2011, the Honorable Court issued a Decision denying

the Petition for the Annulment of the Judgment rendered by the Regional Trial Court of Quezon City, Branch 123. 2.

Herein Petitioner then filed a Motion for Reconsideration of the

aforementioned Decision. 3.

The Honorable Court, in its Resolution dated 2 May 2012 (copy

received 11 May 2012), denied the aforementioned Motion for Reconsideration. 4.

No appeal to the Supreme Court having been filed by the

petitioners within the reglementary period, the Decision of the Honorable Court has attained finality. Finality becomes a fact when the reglementary period to

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appeal lapses and no appeal is perfected within such period.” 1 The pronouncement of the Supreme Court in the case of Social Security System v. Ma. Fe F. Isip2 is particularly noteworthy: “…since neither SSS nor the respondent file an appeal of the Court of Appeals decision within the prescribed period, the decision attained finality, bound both parties, conclusively adjudicated their respective rights and duties and settled the controversy between them with the force and effect of res judicata.”

5.

This motion is being repectfully filed pursuant to Section 10 of Rule

51 of the Rules of Court which provides: SEC. 10. Entry of judgments and final resolutions.—If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules, the judgment or final resolution shall forthwith be entered by the clerk in the book of entries of judgments. The date when the judgment or final resolution becomes executory shall be deemed as the date of its entry. The record shall contain the dispositive part of the judgment or final resolution and shall be signed by the clerk, with a certificate that such judgment or final resolution has become final and executory.

6.

Moreover, after the Decision of the Honorable Court of Appeals

had attained finality, and after the corresponding entry of judgment had been made, the respondents respectfully contend that the original records of the case should be remanded to the court of origin for execution of judgment, pursuant to Section 9 of Rule 15 of the 1999 Internal Rules of the Court of Appeals which provides: Section 9. Transmittal of Rollos and Records. — After the entry of judgment, the Division Clerk of Court shall forward the rollo of the case to the Archives Section which shall send to the Mailing and Delivery Section within two (2) working days the original records of the case for eventual transmittal to the court of origin or quasi-judicial agency. The Mailing and Delivery Section shall remand the original records of the case to the court of origin or quasi-judicial agency within two (2) working days.

1 2

Vlason Enterprises v. Court of Appeals, 369 Phil. 269 (1999). G.R. No. 165417 (April 4, 2007)

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PRAYER WHEREFORE, the respondents respectfully pray that the Honorable Court: 1. Issue a Certificate of Finality of Judgment; and 2. Order the remand of the original records of Civil Case No. 123456 to Branch 123, RTC of Quezon City as the court of origin. Respondents pray for such further or other relief as may be deemed just or equitable under the premises. RESPECTFULLY SUBMITTED. Quezon City, ___ September 2001 xxx

EXPLANATION FOR SERVICE BY ED MAIL The foregoing MOTION FOR ISSUANCE OF CERTIFICATE OF FINALITY AND REMAND OF RECORDS is being filed with the Honorable Court of Appeals and served upon the Regional Trial Court and the petitioner by ed mail, personal service not being available due to time constraints, distance and lack of personnel of the Office of Legal Aid to effect filing and service of personal delivery.

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