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Moreover, a judgment becomes final and executory by operation of law.[29] There is no
need for any judicial declaration or performance of an act before the finality takes
effect. Finality of a judgment becomes a fact upon the lapse of the reglementary period
of appeal if no appeal is perfected, or motion for reconsideration or new trial is filed.
The trial court need not even pronounce the finality of the order as the same becomes
final by operation of law. In fact, the trial court could not even validly entertain a
motion for reconsideration filed after the lapse of the period for taking an appeal. It is
of no moment that the opposing party failed to object to the timeliness of the motion
for reconsideration. Thereafter, the court loses jurisdiction over the case and not even
an appellate court would have the power to review a judgment that has acquired
finality.[30]
FOR THESE REASONS, the petition is GRANTED. The Resolution dated October 10,
2017 and Resolution dated July 26, 2018 issued by the Court of Appeals in CA-G.R. SP
No. 152507 are REVERSED and SET ASIDE. A new judgment is rendered ordering the
GRANTING of petitioner Charnnel Shane Thomas' petition for annulment of judgment.
The Decision dated August 22, 1997 of the Regional Trial Court of Makati City, Branch
140 is REINSTATED.
SO ORDERED.
Perlas-Bernabe, S.A.J., (Chairperson), Gesmundo, Lazaro-Javier, and Rosario, JJ.,
concur.
[1] Rollo, pp. 27-61, filed under Rules 45 of the Rules of Court.
[2] Id. at 10-14; penned by Associate Justice Romeo F. Barza, with the concurrence of
Associate Justices Myra V. Garcia-Fernandez and Pablito A. Perez.
[3] Id. at 16-18.
[4] Rollo, pp. 129-131. The dispositive portion of the Decision reads:
WHEREFORE, premises considered, judgment is hereby rendered
DECLARING the marriage of EARL ALPHONSO THOMAS and RACHEL TRONO
on October 7, 1984 VOID AB INITIO for being bigamous, with all the effects
and consequences provided for by all the applicable provisions of existing
pertinent laws.
As per manifestation of [Alphonso], all the conjugal properties acquired
during the marriage shall belong to [Rachel] and Earl James Thomas.
After this Decision becomes final, furnish copies thereof to the Local Civil
Registrar of Davao City who is ordered to cancel the same from its Civil
Registry and Local Civil Registrar of Makati for its information.
SO ORDERED. Id. at 130-131.
[5] Id. at 132.
[6] Id. at 32.
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