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.

JBD 105