1997 Rules on Civil Procedure 2001 Edition < DRAFT COPY; Please check for errors >

Rule 5 Uniform Procedure in Trial Courts

Rule 5

UNIFORM PROCEDURE IN TRIAL COURTS

SECTION 1. Uniform Procedure The rocedure in !unici "l Tri"l Courts sh"ll #e the s"$e "s in the Re%ion"l Tri"l Courts& e'ce t (") *here " "rticul"r rovision e' ressl+ or i$ liedl+ " lies onl+ to either o, s"id courts& or (#) in civil c"ses %overned #+ the Rule on Su$$"r+ Procedure. (n)

The Rules on Procedure starting with Rule 6, the title of the subject matter is procedure in Regional Trial Courts. However, by e press provisions in !ection ", the procedure in the Regional Trial Court and the procedure in the #unicipal Trial Court is the same. The Rules on Civil Procedure which applies to RTC are also applicable to the #TC e cept when a particular provision e pressly applies only to either of said courts. There are provisions where it is very clear and intended only to apply to RTC or #TC. $ good e ample of this is paragraph %a& is Rule '( which governs appeals from #TC to RTC. )t is only applicable to #TC. )t does not apply to appeals from RTC to Court of $ppeals. The second e ample would be in civil cases governed by Rules on !ummary Procedure. That would be the last law that we will ta*e up. Rules on !ummary Procedure applied only to #TC. They do not apply to RTC.
Sec. 2 Meaning of Terms. The ter$ -!unici "l Tri"l Courts. "s used in these Rules sh"ll include !etro olit"n Tri"l Courts& !unici "l Tri"l Courts in Cities& !unici "l Tri"l Court& "nd !unici "l Circuit Tri"l Courts. (1")

)n our structure, we already illustrated the hierarchy of courts. #etropolitan Trial Courts are only in #anila. #unicipal Trial Courts are in cities and municipalities. +hen the Rule says ,#unicipal Trial Court-, it already includes #etropolitan Trial Courts, #TCC, #CTC. !o that we will not be repetitious.

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