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COURT OF APPEALS
MANILA
SPECIAL FORMER FIRST DIVISION
xxx,
Petitioner,
- versus -
xxx,
Respondents.
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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.
the Petition for the Annulment of the Judgment rendered by the Regional Trial
Court of Quezon City, Branch 123.
2.
aforementioned Decision.
3.
petitioners within the reglementary period, the Decision of the Honorable Court
has attained finality. Finality becomes a fact when the reglementary period to
5.
6.
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
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. 123456
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
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