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Rule 05-Uni Proc in Trial Courts

Rule 5 of the 1997 Rules on Civil Procedure establishes uniform procedures between Municipal Trial Courts and Regional Trial Courts. Section 1 states that procedures are the same between the two courts, except where provisions expressly apply only to one court or civil cases under the Rules on Summary Procedure, which only govern Municipal Trial Courts. Section 2 defines "Municipal Trial Courts" as including Metropolitan Trial Courts, Municipal Trial Courts in Cities, and Municipal Circuit Trial Courts.

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46 views1 page

Rule 05-Uni Proc in Trial Courts

Rule 5 of the 1997 Rules on Civil Procedure establishes uniform procedures between Municipal Trial Courts and Regional Trial Courts. Section 1 states that procedures are the same between the two courts, except where provisions expressly apply only to one court or civil cases under the Rules on Summary Procedure, which only govern Municipal Trial Courts. Section 2 defines "Municipal Trial Courts" as including Metropolitan Trial Courts, Municipal Trial Courts in Cities, and Municipal Circuit Trial Courts.

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Eller-JedManalacMendoza
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© © All Rights Reserved
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Rule 5

Uniform Procedure in Trial


Courts

1997 Rules on Civil Procedure


2001 Edition

Rule 5

UNIFORM PROCEDURE IN TRIAL COURTS


SECTION 1. Uniform Procedure The procedure in Municipal Trial Courts shall
be the same as in the Regional Trial Courts, except (a) where a particular
provision expressly or impliedly applies only to either of said courts, or (b)
in civil cases governed by the Rule on Summary Procedure. (n)

The Rules on Procedure starting with Rule 6, the title of the subject matter is procedure
in Regional Trial Courts. However, by express provisions in Section 1, the procedure in the
Regional Trial Court and the procedure in the Municipal Trial Court is the same.
The Rules on Civil Procedure which applies to RTC are also applicable to the MTC except
when a particular provision expressly applies only to either of said courts.
There are provisions where it is very clear and intended only to apply to RTC or MTC. A
good example of this is paragraph (a) is Rule 40 which governs appeals from MTC to RTC. It
is only applicable to MTC. It does not apply to appeals from RTC to Court of Appeals.
The second example would be in
civil cases governed by Rules on Summary
Procedure. That would be the last law that we will take up. Rules on Summary Procedure
applied only to MTC. They do not apply to RTC.
Sec. 2 Meaning of Terms. The term Municipal Trial Courts as used in
these Rules shall include Metropolitan Trial Courts, Municipal Trial Courts in
Cities, Municipal Trial Court, and Municipal Circuit Trial Courts. (1a)

In our structure, we already illustrated the hierarchy of courts. Metropolitan Trial Courts
are only in Manila. Municipal Trial Courts are in cities and municipalities. When the Rule
says Municipal Trial Court, it already includes Metropolitan Trial Courts, MTCC, MCTC. So
that we will not be repetitious.

Property of LAKAS ATENISTA

105

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