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  • Rule 05 - Uni Proc in Trial Courts

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    The document discusses uniform procedures in trial courts in the Philippines. It makes the following key points: 1) The procedure in Municipal Trial Courts is generally the same as in Regional Trial Courts, except where provisions expressly or impliedly apply only to one of those courts. 2) The Rules of Civil Procedure that apply to Regional Trial Courts also apply to Municipal Trial Courts, except for provisions that clearly apply to only one court. 3) The term "Municipal Trial Courts" as used in the Rules includes Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts.

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    The document discusses uniform procedures in trial courts in the Philippines. It makes the following key points: 1) The procedure in Municipal Trial Courts is generally the same as in Regional Trial Courts, except where provisions expressly or impliedly apply only to one of those courts. 2) The Rules of Civil Procedure that apply to Regional Trial Courts also apply to Municipal Trial Courts, except for provisions that clearly apply to only one court. 3) The term "Municipal Trial Courts" as used in the Rules includes Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
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    Download as doc, pdf, or txt
    2 views1 page

    Rule 05 - Uni Proc in Trial Courts

    Uploaded by

    bingkydoodle1012
    The document discusses uniform procedures in trial courts in the Philippines. It makes the following key points: 1) The procedure in Municipal Trial Courts is generally the same as in Regional Trial Courts, except where provisions expressly or impliedly apply only to one of those courts. 2) The Rules of Civil Procedure that apply to Regional Trial Courts also apply to Municipal Trial Courts, except for provisions that clearly apply to only one court. 3) The term "Municipal Trial Courts" as used in the Rules includes Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
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    Rule 5

    UNIFORM PROCEDURE IN TRIAL COURTS


    SECTION 1. Uniform Procedure The procedure in Municip l Tri l Cour!" "h ll #e !he " $e " in !he Re%ion l Tri l Cour!"& e'cep! ( ) *here p r!icul r pro+i"ion e'pre""l, or i$pliedl, pplie" onl, !o ei!her o- " id cour!"& or (#) in ci+il c "e" %o+erned #, !he 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 $ppeals. The second e ample would be in civil cases governed by Rules on !ummary Procedure. That would be the last law that we will ta*e up. Rules on !ummary Procedure applied only to #TC. They do not apply to RTC. Sec. . Meaning of Terms. The !er$ /Municip l Tri l Cour!"0 " u"ed in !he"e Rule" "h ll include Me!ropoli! n Tri l Cour!"& Municip l Tri l Cour!" in Ci!ie"& Municip l Tri l Cour!& nd Municip l Circui! Tri l Cour!". (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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