REPUBLIC OF THE PHILIPPINES COURT OF APPEALS MANILA SPECIAL FORMER FIRST DIVISION
xxx, Petitioner,
- versus -
C&-3.R. 0O. 1!/45 Original &ction for &nnulment of 'udgment
xxx, Respondents. x-------------------------------------x MOTION FOR ISSUANCE OF CERTIFICATE CERTIFICATE OF FINALITY AND FOR REMAND OF RECORDS Resp Respon onde dent nts, s, by coun counse sel, l, resp respec ectf tful ully ly move move for for the the issu issuan ance ce of a Certificate of Finality and the remand of records to the Court of Origin, and state that: 1.
On Oc Octo tobe berr !"1 !"11, the the #ono #onora rabl ble e Cour Courtt issu issued ed a $eci $ecisi sion on den deny ying ing
the %etition for the &nnulment of the 'udgment rendered by the Regional (rial Court of )ue*on City, +ranch 1!. !.
#ere #erein in %et %etit itio ione nerr then then filed filed a oti otion on for for Reco Recons nsid ider erat atio ion n of the the
aforementioned $ecision. .
(he #o #onor norable Co Court urt, in its its Resoluti lutio on dated ted ! ay !"1 !"1! co copy
received 11 ay !"1!, denied the aforementioned otion for Reconsideration. /.
0o appeal to the upreme Court having been filed by the
pet petitioners 2ithin the reglementary period, the $ecision of the #onorable Court has attained finality. Finality becomes a fact 2hen the reglementary period to
!
appeal lapses and no appeal is perfected 2ithin such period.6 1 (he pronouncement of the upreme Court in the case of Social Securit Sste! ". Ma. Fe F. Isip ! is particularly note2orthy: 78since neither nor the respondent file an appeal of the Court of &ppeals decision 2ithin the prescribed period, the decision attained ina!it", #o$nd #oth %a&ties, conc!$si'e!" ad($dicated thei& &es%ecti'e &i)hts and d$ties and sett!ed the cont&o'e&s" #et*een the+ *ith the o&ce and eect o res judicata6
4.
(his motion is being repectfully filed pursuant to ection 1" of Rule
41 of the Rules of Court 2hich provides: 9C. 1". Entr o# $ud%!ents and #inal resolutions.&f no appeal or motion for ne2 trial or reconsideration is filed 2ithin the time provided in these Rules, the ;udgment or final resolution shall forth2ith be entered by the cler< in the boo< of entries of ;udgments. (he date 2hen the ;udgment or final resolution becomes executory shall be deemed as the date of its entry. (he record shall contain the dispositive part of the ;udgment or final resolution and shall be signed by the cler<, 2ith a certificate that such ;udgment or final resolution has become final and executory.
5.
oreover, after the $ecision of the #onorable Court of &ppeals
had attained finality, and after the corresponding entry of ;udgment 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 ;udgment, pursuant to ection = of Rule 14 of the 1=== nternal Rules of the Court of &ppeals 2hich provides: Section - Trans!ittal o# Rollos and Records. > &fter the entry of ;udgment, the $ivision Cler< of Court shall for2ard the rollo of the case to the &rchives ection 2hich shall send to the ailing and $elivery ection 2ithin t2o ! 2or
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Vlason Enterprises ". Court o# Appeals, '() P*il. +() -))). /.R. No. -(01-2 April 1, +332
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PRAYER .HEREFORE, the respondents respectfully pray that the #onorable Court: 1. ssue a Certificate of Finality of 'udgment@ and !. Order the remand of the original records of Civil Case 0o. 1!/45
to +ranch 1!, R(C of )ue*on City as the court of origin. Respondents pray for such further or other relief as may be deemed ;ust or e?uitable under the premises. R9%9C(FABB A+((9$. )ue*on City, DDD eptember !""1 xxx
E/PLANATION FOR SER0ICE BY RE1ISTERED MAIL
(he foregoing O(O0 FOR A&0C9 OF C9R(FC&(9 OF F0&B( &0$ R9&0$ OF R9COR$ is being filed 2ith the #onorable Court of &ppeals and served upon the Regional (rial Court and the petitioner by registered mail, personal service not being available due to time constraints, distance and lac< of personnel of the Office of Begal &id to effect filing and service of personal delivery.
xxx
