Certificate of Finality for Annulment — Philippine Court of Appeals
(Everything you need to know)
1. Why a Certificate of Finality Matters
A Certificate of Finality (CoF) formally attests that the Court of Appeals (CA) decision in an annulment / declaration-of-nullity case has passed beyond further review and has become “final and executory.” Without it, you cannot:
- have the decision entered in the civil registry (a statutory prerequisite under Art. 53 of the Family Code and Sec. 19 of A.M. No. 02-11-10-SC);
- request the Philippine Statistics Authority (PSA) to annotate your marriage certificate;
- validly remarry or make property transmissions premised on the dissolution of the marital bond;
- enforce ancillary relief (custody, support, liquidation of property, etc.).
2. Legal Framework
| Instrument | Key Rule for Finality |
|---|---|
| Rules of Court, Rule 45 & Rule 51 §10 | Parties have 15 days (extendible once by max 30 days) from notice of the CA decision to elevate the case to the Supreme Court (SC); if no petition is filed, or any petition is denied with finality, the CA decision becomes final. |
| A.M. No. 02-11-10-SC (Rule on Nullity/Annulment Cases) | Requires trial courts and the CA to issue a CoF motu proprio after finality and furnish the civil registrar. |
| Clerks of Court Circulars (latest: OCA Circ. No. 113-2020) | Standardizes certification fees and processing time for certified copies and CoFs. |
Note: The CA handles appeals from Regional Trial Courts (RTCs) in nullity/annulment cases because such cases are “special civil actions” that fall under its exclusive appellate jurisdiction (B.P. 129, as amended).
3. When Does a CA Decision Become Final?
- Lapse of the 15-day period with no Rule 45 petition filed.
- SC denies the Rule 45 petition outright (via Resolution), and the denial becomes final after 15 days (no motion for reconsideration filed), or after the SC resolves an M.R. with finality.
- Parties file a compromise agreement to abandon appeal — SC dismisses petition; CA decision final on dismissal date.
The CA thereby issues an Entry of Judgment (EoJ) recording the exact date of finality. The CoF always recites that date and attaches a copy of the EoJ.
4. Who May Apply for the Certificate
| Applicant | Proof of Authority Needed |
|---|---|
| Party-litigant | Government-issued photo ID matching name in case caption. |
| Counsel-on-record | Integrated Bar of the Philippines (IBP) ID & specific SPA if counsel withdrew after judgment. |
| Authorized representative | Notarized Special Power of Attorney (SPA) naming the representative + valid ID. |
5. Documentary Requirements (standard practice at CA Manila; regional stations follow the same list)
Letter-Request addressed to The Clerk of Court, Court of Appeals, stating:
- case title & docket number (CA-G.R. CV/SP No. ____);
- nature of request: “issuance of Certificate of Finality.”
Certified True Copy of the CA decision (if not yet part of the case rollo—obtainable for ₱35/page).
Official Receipt for:
- Certification fee – ₱100;
- Copy fee – ₱35/page of CoF & annexed EoJ (usually 2-3 pp.);
- Documentary stamp – ₱30.
Valid ID (original & photocopy) or Law Office IBP receipt.
SPA/Secretary’s Certificate for representatives.
Fees are fixed by OCA Circulars but occasionally adjust; always verify with the cashier’s window.
6. Step-by-Step Procedure
| Step | Where | Typical Duration* |
|---|---|---|
| 1 | Cashier – Pay fees under the original docket number. | 30 min |
| 2 | Judicial Records Division (JRD) – File letter-request, receipt, IDs. | 15 min |
| 3 | Processing/Verification – JRD staff confirms no SC appeal or that the SC dismissal is final, then drafts CoF. | 3-5 working days |
| 4 | Approval & Signature – Division Clerk of Court or Assistant. | Same day as Step 3 completion |
| 5 | Release – Claim CoF; sign logbook. | 10 min |
*Manila station; regional stations (Cebu, Cagayan de Oro) add 1-2 days for transmittal of rolls if decision was promulgated in Manila.
7. What the Certificate Contains
- Caption & docket number.
- Entire dispositive portion of the CA decision (quoted verbatim).
- Statement that the decision “became final and executory on ____” per Entry of Judgment dated ____.
- Confirmation that no further pleadings are pending.
- Signature block of the Clerk of Court + raised dry seal.
8. Post-CoF Actions
- Register with the RTC of origin – File CoF + certified CA decision; judge orders the Clerk of Court to transmit to Local Civil Registrar (LCR).
- Annotate civil registry records – LCR annotates on the parties’ PSA marriage certificate (and birth certificates of children, if relevant).
- Notify PSA-Quezon City – LCR forwards annotated Civil Registry Form to PSA for nationwide records update (takes ~2-3 months).
- Update property & estate records (optional but prudent) – Register CoF with Registry of Deeds if conjugal/communal property liquidation was decreed.
9. Frequently-Asked Questions
| Question | Answer |
|---|---|
| Can I request the CoF earlier than 15 days? | No. The CA cannot attest to finality while the SC filing window is open. |
| What if the opposing party files a late petition? | A petition filed out of time is dismissed motu proprio; the CA still counts finality from the lapse of the 15-day period. |
| Does a Motion for Reconsideration in the CA suspend finality? | Yes. The clock runs from notice of the CA resolution on the M.R. |
| Is e-mailed/scanned CoF acceptable to PSA? | No. PSA and LCR require the original wet-ink copy with dry seal. |
| Can I get multiple originals? | Yes, pay separate certification & copy fees per original. |
10. Practical Tips
- Get extra copies of the CA decision and CoF at the same visit.
- Track SC website for any docket entry if the losing party hinted at an appeal.
- If you changed counsel, secure a Substitution of Counsel so new counsel can appear at the cashier/JRD.
- Check name spellings before leaving; corrections require re-issuance and fees.
- For Filipinos residing abroad, authorize a local relative via SPA authenticated by the Philippine Consulate.
11. Common Pitfalls
- Wrong docket number in the request letter → processing returned.
- Pending M.R. or Rule 45 petition overlooked → CoF denied; you must wait.
- Unpaid legal research or mailing fees on earlier pleadings → JRD holds release until settled.
- Out-dated IDs or un-notarized SPA → representative turned away.
12. Timeline at a Glance
CA Promulgation ─► 15 days (Rule 45 window)
│
(optional) Extension ≤30 days
│
No appeal / SC denial with finality
│
Entry of Judgment issued
│
3-5 working days: Certificate of Finality
│
Register with RTC & LCR (1-2 wks)
│
PSA annotation (8-12 wks nationwide)13. Checklist for Your Folder
- Letter-request (with complete docket & caption)
- Official receipt (certification, copy & stenographic fees if any)
- Valid ID / IBP ID / SPA
- Certified true copy of CA decision
- Empty envelope for return (if via courier)
14. Final Note
While the steps are relatively mechanical, strict compliance saves weeks of re-filing and queuing. If your case involved property partition, custody, or support, coordinate early with the respective registries so that they accept the same CoF. And remember: until your marriage record is annotated by the PSA, you are still “married” on paper.
This article synthesizes established Philippine procedural rules and long-standing Court of Appeals practice. It is for educational purposes and does not constitute legal advice. For case-specific issues, consult counsel or the CA Judicial Records Division directly.