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Question
In a civil action in the Regional Trial Court (RTC) of Legazpi City, the trial court rendered a final judgment in favor of Nova Shipping Co. against Oceanic Agro Corp. On notice of judgment, Oceanic filed a timely Notice of Appeal within 15 days. Oceanic then prepared the Records on Appeal (ROA). The ROA was transmitted to the Court of Appeals (CA) without the trial court’s certification that it is the complete record, and it also omitted several admitted exhibits and the trial transcript relating to the post-judgment proceedings. The CA dismissed the appeal for lack of a properly certified, complete ROA. Oceanic 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 lack of the trial court’s certification or for missing items, 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?