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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An RTC in Cebu City rendered a final judgment in a civil action. On notice of judgment, the defendant timely filed a Notice of Appeal within the 15-day period. The defendant then prepared the Records on Appeal (ROA). The trial court did not issue a certification that the ROA is the complete record. The ROA was transmitted to the Court of Appeals with a note stating that the ROA lacks the trial court’s certification of completeness. The Court of Appeals subsequently dismissed the appeal for lack of a properly certified, complete ROA. The defendant 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?

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Clara

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