Sie sind auf Seite 1von 4

REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
MANILA
SPECIAL FORMER FIRST DIVISION
T R U D L P I O N B AB E T,
Petitioner,
- versus -

CA-G.R. NO. 101039


Original Action for Annulment of
Judgment

MERCEDES MAGLALANG
and ISABELLA M. PION,
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 101.
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

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)

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. 0248173 to Branch 101, 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
U.P. OFFICE OF LEGAL AID
Counsel for the Respondents
Ground Floor, Malcolm Hall
University of the Philippines
Diliman, Quezon City
Tel No. 92762660/Telefax 9205514 loc. 106
By:

ROWENA E. V. DAROY-MORALES
Director
Roll of Attorneys No. 39129
MCLE No. III-00723/16 Dec. 09/ Pasig City
IBP No. LPN-04130/Lifetime Member/Quezon City
PTR No. 6159805 /19-Jan-12/Quezon City

JULIETA M. MORALES
Supervising Lawyer
Roll of Attorneys No. 37931
MCLE Compliance No. III-0017725
(29 June 2010/Pasig City)
IBP No. 06271/Lifetime Member/Pasig City
PTR No. 7515006/2-Jan-12/Pasig City

MARIE KRISTINE F. REYES


Law Intern

Copy furnished:

4
HON. PRESIDING JUDGE
Regional Trial Court, Branch 101
Quezon City
GABRIEL & MENDOZA LAW OFFICE
Suite 402, Tempus Place I
No. 21 Matalino Street, Diliman
1101 Quezon City
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 the
petitioner by registered 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.

MARIE KRISTINE F. REYES


Law Intern