REPUBLIC OF THE PHILIPPINES

Court of Appeal
Manila

SPECIAL FORMER FIRST DIVISION

Roselyn Lamorena y Villanueva

Petitioner CA-G.R. NO. 15692
Original Action for Annulment of
Judgment

Ferrry Lamorena y Salvador

Respondent

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 25th May 2023, the Honorable Court issued a Decision granting the Petition for
the Annulment of the Judgment rendered by the Regional Trial Court of Paniqui, Branch
106.

2. The Honorable Court, in its Resolution dated 15th February 2023 (copy received 15th
February 2023), granted the aforementioned Motion for Nullity of Marriage.

3. 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
Lamorena v. Lamorena is particularly noteworthy:

“…since neither Lamorena 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 the respective rights and duties and settled the
controversy between them with the force and effect of res
judicata.”

4. This motion is being respectfully 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.

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. 15692

to Branch 106, RTC of Paniqui 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, ________May 25th 2023

xxx
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 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.

Selma Palacio Alaras

Associate Justice