REPUBLIC OF THE PHILIPPINES

SUPREME COURT
Manila

SPECIAL SECOND DIVISION

,
Petitioner,

Petition for Review on Certiorari

- versus -

Respondent.
x-------------------------------------x

MOTION FOR ISSUANCE OF CERTIFICATE OF FINALITY

AND FOR REMAND OF RECORDS

COMES NOW, the Respondent, by the undersigned counsel, unto this

Honorable Court, respectfully move for the issuance of a Certificate of
Finality and the remand of records to the court of origin and avers that:

1. On 11 December 2019, the Honorable Court issued a

Resolution denying the petition for review on certiorari filed by the
Petitioner.

2. The Petitioner then filed a motion for reconsideration which

was denied by the Honorable Court in a Resolution dated 06 July 2020, the
dispositive portion of which states:

“Acting on petitioner’s motion for reconsideration of the

Resolution dated 11 December 2019 which denied the petition for
review on certiorari, the Court resolves to DENY the motion for
reconsideration with FINALITY, no compelling reason and substantial
argument having been adduced to warrant the reconsideration sougth.

No further pleadings or motions shall be entertained in this

case. Let entry of final judgment be issued immediately.”

3. 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
 2

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.
4. 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.

WHEREFORE, premises considered, it most respectfully

prayed for that the Entry of Judgment be issued and that the original
records of the case be remanded to the court of origin for execution of
judgment.

Such other reliefs and remedies, just and equitable

 3

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. 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 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.

xxx