1997 Rules on Civil Procedure Rule 5

2001 Edition Uniform Procedure in Trial Courts

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.

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