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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action tried in the Regional Trial Court (RTC) of Makati City, the RTC rendered a final judgment in favor of Alpha Holdings, Inc. against Beta Logistics, Inc. On notice of judgment, Beta timely filed a Notice of Appeal within the 15-day period. Beta then prepared the Records on Appeal (ROA). The ROA was transmitted to the Court of Appeals (CA) with a certification from the trial court stating that the ROA is the complete record, but the CA later dismissed the appeal for lack of a properly certified, complete ROA because the ROA omits the post-judgment proceedings transcript and the trial court’s exhibit list admitted during trial. Beta seeks relief. (a) What is the proper procedure to perfect an appeal from the RTC to the CA under Rule 41? (b) If the ROA is defective for missing post-judgment transcripts or for incorrect certification of completeness, what remedies remain to preserve the appeal, and what are their limitations? (c) Under what circumstances may the appellate court grant relief allowing the appeal to proceed despite defects in the ROA or certification, and what steps should be taken to pursue such relief?

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