REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
MANILA
SPECIAL FORMER FIRST DIVISION
Roselyn Lamorena y Villanueva
Petitioner
Versus CA-G.R. NO. 15692
Original Action for
Ferry Lamorena y Salvador Annulment of Judgment
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 25 May 2023, the Honorable Court issued a Decision granted
the Petition for the Annulment of the Judgment rendered by the Regional Trial
Court of Paniqui Tarlac, Branch 106.
2. The Honorable Court, in its Resolution dated 15 February 2023
(copy received 18 February 2023), approved the aforementioned Motion for
Nullity of Marriage.
3. No appeal to the Supreme Court having been filed by the
respondent 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. Isip 2 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.”
4. 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.
5. 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.
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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. 316-23
to Branch 106, RTC of Paniqui, Tarlac 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.
Paniqui, Tarlac, 25th May 2023
Atty. Rhy Jay G. Carino
Petitioner Legal Council
EXPLANATION FOR SERVICE BY REGISTERED 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 upon the
petitioner to the Office of Legal Aid to effect filing and service of personal
delivery to Philippine Consulate address at Aia Tower Av. Comercial de
Macau, Macao
Stella Marie Gandia- Asuncion
Honorable Judge
