CIVPRO - RULE 1-5

Question 1

Section 1. Title of the Rules. - These Rules shall be known and cited as the […]. (1)

Answer 1

Section 1. Title of the Rules. - These Rules shall be known and cited as the Rules of Court. (1)

Question 2

In what courts shall the Rules of Court be applicable?

Answer 2

Section 2. In what courts applicable. - These Rules shall apply in all the courts, except as otherwise provided by the Supreme Court. (n)

Question 3

What is a civil action?

Answer 3

Section 3. Cases governed. - These Rules shall govern the procedure to be observed in actions, civil or criminal, and special proceedings.

(a) A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. (1a, R2)

A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action. (n)

[…]

Question 4

What is a criminal action?

Answer 4

Section 3. Cases governed. - These Rules shall govern the procedure to be observed in actions, civil or criminal, and special proceedings.

[xxx]

(b) A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. (n)

Question 5

What is a special proceeding?

Answer 5

Section 3. Cases governed. - These Rules shall govern the procedure to be observed in actions, civil or criminal, and special proceedings.

[xxx]

(c) A special proceeding is a remedy by which a party seek s to establish a status, a right, or a particular fact. (2a, R2)

Question 6

In what cases are the Rules inapplicable?

Answer 6

[NICOLE]
1. [N]aturalization
2. [I]nsolvency proceedings
3. [C]adastral;
4. [O]ther cases not herein provided for;
5. [L]and registration;
6. [E]lection cases

Section 4. In what cases not applicable. - These Rules shall not apply to election cases, land registration, cadastral, naturalization and insolvency proceedings, and other cases not herein provided for,

[Note] except by analogy or in a suppletory character and whenever practicable and convenient. (R143a)

Question 7

When is a civil action commenced?

Answer 7

Section 5. Commencement of action. - A civil action is commenced by

the filing of the original complaint in court.

If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court. (6a)

Question 8

What is the rule of construction for the Rules of Court?

Answer 8

Rule 1 Section 6. Construction. - These Rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. (2a)

Rules of procedure are tools designed to facilitate the attainment of justice, and courts must avoid their strict and rigid application which would result in technicalities that tend to frustrate rather than promote substantial justice.

Question 9

Distinguish ordinary actions from special proceedings.

Answer 9

The purpose of ordinary actions is to protect or enforce a right or prevent or redress a wrong while the purpose of a special proceeding is to establish a status, a right, or a particular fact.

Ordinary actions are governed by the Rules for ordinary civil actions while special proceedings are governed by special Rules supplemented by Rules for ordinary civil action.

Ordinary actions are heard by courts of general jurisdiction while special proceedings are heard by copurts of special or limited jurisdiction.

Question 10

What is the basis of ordinary civil actions?

Answer 10

Section 1. Ordinary civil actions, basis of - Every ordinary civil action must be based on a cause of action. (n)

Question 11

Define Cause of Action

Answer 11

Rule 2 Section 2. Cause of action, defined. - A cause of action is the act or omission by which a party violates a right of another. (n)

Question 12

What are the essential elements of a cause of action?

Answer 12

[ROA]

Three essential elements of a cause of action:
1. the existence of a legal [R]ight in favor of the plaintiff;
2. an [O]bligation of the defendant to respect such right; and
3. an [A]ct or omission by such defendant in violation of the right of the plaintiff with a resulting injury or damage to the plaintiff for which the latter may maintain an action for the recovery of relief from the defendant.
[Metropolitan Bank and Trust Company v. Ley Construction and Development Corporation, G.R. No. 185590, 3 December 2014]

Question 13

What is the effect of a failure to make a sufficient allegation of a cause of action in a complaint?

Answer 13

Failure to make a sufficient allegation of a cause of action in the complaint warrants its dismissal.[Anchor Savings Bank v. Furigay, G.R. No. 191178, 13 March 2013]

Question 14

What is the test to determine whether the allegations in a complaint are sufficient?

Answer 14

It is not enough that a party has, in effect, a cause of action. The rules of procedure require that the complaint must contain a concise statement of the ultimate or essential facts constituting the plaintiff’s cause of action. “The test of the sufficiency of the facts alleged in the complaint is whether or not, admitting the facts alleged, the court can render a valid judgment upon the same in accordance with the prayer of plaintiff.” The focus is on the sufficiency, not the veracity, of the material allegations. Failure to make a sufficient allegation of a cause of action in the complaint warrants its dismissal.[Anchor Savings Bank v. Furigay, G.R. No. 191178, 13 March 2013]

Question 15

What is litis pendentia?

Answer 15

Litis pendentia refers to a situation where two actions are pending between the same parties for the same cause of action, so that one of them becomes unnecessary and vexatious. [Umale v. Canoga Park Development Corporation, G.R. No. 167246, 20 July 2011, 654 SCRA 155]

Question 16

What are the requisites of litis pendentia?

Answer 16

Litis pendentia exists when the following requisites are present:
1. identity of the parties in the two actions;
2. substantial identity in the causes of action and in the reliefs sought by the parties; and
3. the identity between the two actions should be such that any judgment that may be rendered in one case, regardless of which party is successful, would amount to res judicata in the other.

[Umale v. Canoga Park Development Corporation, G.R. No. 167246, 20 July 2011, 654 SCRA 155]

Question 17

May a party institute more than one suit for one cause of action?

Answer 17

No.

Rule 2. Section 3. One suit for a single cause of action. - A party may not institute more than one suit for a single cause of action. (3a)

Question 18

What is the test to determine whether the suit relates to a single or common cause of action?

Answer 18

Several tests exist to ascertain whether two suits relate to a single or common cause of action, such as

1. whether the same evidence would support and sustain both the first and second causes of action (also known as the “same evidence” test), or
2. whether the defenses in one case may be used to substantiate the complaint in the other.
3. Also fundamental is the test of determining whether the cause of action in the second case existed at the time of the filing of the first complaint.

[Umale v. Canoga Park Development Corporation, G.R. No. 167246, 20 July 2011, 654 SCRA 155]

Question 19

What is the effect of instituting multiple suits for a single cause of action?

Answer 19

Rule 2. Section 4. Splitting a single cause of action; effect of - If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in anyone is available as a ground for the dismissal of the others. (4a)

Question 20

May a party in one pleading assert multiple causes of action?

Answer 20

Yes, but he must comply with the conditions set forth in the Rules.

Rule 2. Section 5. Joinder of causes of action. - A party may in one pleading assert, in the alternative or otherwise, as many causes of action as he may have against an opposing party, subject to the following conditions:

(a) The party joining the causes of action shall comply with the rules on joinder of parties;

(b) The joinder shall not include special civil actions or actions governed by special rules;

(c) Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; and

(d) Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. (5a)

Question 21

Is the misjoinder of a cause of action a ground for dismissal of an action?

Answer 21

Rule 2. Section 6. Misjoinder of causes of action. - Misjoinder of causes of action is not a ground for dismissal of an action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately. (n)

However, if the court orders the severance of the cause of action and the parties fail to comply, it may be a ground for dismissal due to non-compliance with the court order–dismissal due to the fault of the Plaintiff. [SBU RB 531]

Question 22

What is a right of action?

Answer 22

The term right of action is the right to commence and maintain an action. It is a remedial right belonging to some person (SBU RB p. 528)

Question 23

What are the elements of a right of action?

Answer 23

[CCP]
1. Existence of a [C]ause of action
2. Performance of all [C]onditions precedent to the bringing of the action; and
3. Right to bring maintain the action must be in the [P]erson instituting it (SBU RB p. 528)

Question 24

Differentiate Failure to State Cause of Action from Lack of Cause of Action

Answer 24

Failure to state cause of action refers to the insufficiency of the allegations in the pleading; Lack of cause of action refers to the insufficiency of the factual basis for the action.

Failure to state cause of action can be determined only from the allegations in the initiatory pleading and not from evidentiary or other matters aliunder, i.e. where the complaint does not allege a sufficient cause of action. Lack of cause of action can be resolved only on the basis of the evidence the plaintiff presented, i.e. where the evidence does not sustain the cause of action alleged.

The ground of failure to state a cause of action may be raised as an affirmative defense in the answer. Failure to raise is a waiver. The ground of lack of cause of action is raised in a demurrer to evidence, and only after the plaintiff has rested his case.

(SBU RB p. 528)

Question 25

What are the remedies of the defendant if a signle cause of action has been split?

Answer 25

Move to dismiss or file an Answer raising affirmative defenses based on the grounds of:
1. Litis pendentia - that there is another action pending between the same parties for the same cause (R15S12a)
2. Res judicata - that the cause of action is barred by a prior judgment (R15S12a)

Question 26

What is a joinder of a cause of action?

Answer 26

Joinder of causes of action means the uniting of two or more demands or rights of action in one action; the statement of more than one cause of aciton in a declaration. It is the union of two or more civil causes of action, each of which could be made the basis of a separate suit, in the same complaint, declaration or petition. (SBU RB 529)

Question 27

What is the totality rule?

Answer 27

Totality rule - where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all causes of action, irrespective of whether the causes of action arose out of the same or different transaction.

Question 28

When does the Totality of Claims Principle apply?

Answer 28

The totality of claims principle applies:
1. In actions where the jurisdiction of the court is dependent on the amount involved, the test of jurisdiction shall be the aggregate sum of all the money demands, exclusive only of interests and costs, irrespective of whether or not the separate claims are owned by or due to different parties. If any demand is for damages in a civil action, the amount thereof must be specifically alleged; or
2. In cases where there are two or more plaintiffs having separate causes of action against two or more defendants joined in a complaint.

Note: The Totality Rule applies under the condition that the causes of aciton in favor of the two or more plaintiffs or against the two or more defendants should arise out of the same transaction or series of transactions and there should be a common question of law or fact.

(SBU RB p. 530)

Question 29

Exclusions to the Totality Rule?

Answer 29

Under BP Blg 129, as amended, the jurisdictional amount excludes the ff: [IDAL-C]:
1. [I]nterest
2. [D]amages of whatever kind
3. [A]ttorney’s fees
4. [L]itigation expenses and
5. [C]osts

Note: Although excluided in determinig the jurisdiction of the court, the above items however shall bei ncluded in the determination of filing fees.

SBU RB 530

Question 30

What are the requirements for a person to be a party to a civil action?

Answer 30

The requirements are the following:
1. He msut be a: (a) Natural person; (b) Juridical person; or (c) entity authorized by law [ROC R3S1]
2. He msut have legal capacity to sue; and
3. He must be the real party-in-interest.

Rule 3 Section 1. Who may be parties; plaintiff and defendant. - Only natural or juridical persons, or entities authorized by law may be parties in a civil action. The term plaintiff may refer to the claiming party, the counter-claimant, the cross-claimant, or the third (fourth, etc.)[-]party plaintiff. The term defendant may refer to the original defending party, the defendant in a counterclaim, the cross-defendant, or the third (fourth, etc.)[-]party defendant. (1a)

Question 31

Who is a real party in interest?

Answer 31

Section 2. Parties in interest. - A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest. (2a)

Question 32

Distinguish lack of legal capacity to sue from lack of legal personality to sue.

Answer 32

Lack of legal capacity to sue pertains to the plaintiff’s general disability to sue such as on account of minority, insanity, incompetence, lack of juridical personality or any toher general disqualifications.

Lack of legal personality to sue pertains to the situation that the plaintiff is not the real-party-in-interest.

The proper remedy when there is a lack of legal capacity to sue is to allege the same as an affirmative defense in the Answer (ROC R8S12a3)

THe proper remedy when there is a lack of legal personality to sue is to allege the same as an affirmative defense inthe Answer (ROC R8S12a4) based on the fact that the complaint, on its face, evidently states no cause of action.

(SBU RB 532)

Question 33

Who is an indispendable party?

Answer 33

Section 7. Compulsory joinder of indispensable parties. - Parties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants. (7)

An indispensable party is one whose interest in the subject matter of the suit and the relief sought are so inextricably intertwined with other parties that his legal presence as aparty to the proceeding is an absolute necessity. (SBU RB p. 532)

NOTE: The joinder of party becomes compulsory when the one involved is an indispensable party.

Question 34

What is the effect of failure to implead an indispensable party?

Answer 34

The absence of an indispensable party renders all subsequent actions of the court null and void for want of authority to act, not only as to the absent parties but even to those present.”

The purpose of the rules on joinder of indispensable parties is a complete determination of all issues not only between the parties themselves, but also as regards other persons who may be affected by the judgment.

A decision valid on its face cannot attain real finality where there is want of indispensable parties. [Nagkakaisang Lakas ng Manggagawa sa Keihin (NLMK-OLALIA-KMU) v. Keihin Philippines Corporation, G.R. No. 171115, August 9, 2010, 627 SCRA 179]

Question 35

Is the non-joinder of an indispensable party a ground for the dismissal of an action?

Answer 35

No. The rule is settled that the non-joinder of indispensable parties is not a ground for the dismissal of an action. The remedy is to implead the non-party claimed to be indispensable. Parties may be added by order of the court on motion of the party or on its own initiative at any stage of the action and/or at such times as are just.

BUT If petitioner refuses to implead an indispensable party despite the order of the court, the latter may dismiss the complaint/petition for the plaintiff’s/peti-tioner’s failure to comply therewith. [Plasabas v. Court of Appeals, G.R. No. 166519, March 31, 2009, 582 SCRA 686]

Question 36

Who is a necessary party?

Answer 36

Section 8. Necessary party. - A necessary party is one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action. (8a)

Question 37

Are necessary parties required to be included?

Answer 37

Generally, no. A necessary party is not required to be included because their interests are so far separable that a final decree can be made in their absence without affecting them.

The non-inclusion of a necessary party does not prevent the court from proceeding in the action, and the judgment rendered therein shall be without prejudice to the right of such necessary party. [ROC R3S9]

However, by exception, when the court orders inclusion of a necessary party and there is no justifiable cause for failing to comply with said order, it shall be deemed a waiver of the claim against such party. [R3s9]

Question 38

What is the effect of the non-joinder of necessary parties?

Answer 38

Section 9. Non-joinder of necessary parties to be pleaded. - Whenever in any pleading in which a claim is asserted a necessary party is not joined, the pleader shall
[1] set forth his name, if known, and
[2] shall state why he is omitted. Should the court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained.

The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a waiver of the claim against such party.

[NOTE] The non-inclusion of a necessary party does not prevent the court from proceeding in the action, and the judgment rendered therein shall be without prejudice to the rights of such necessary party. (8a, 9a)

Question 39

Who is an indigent party?

Answer 39

An indigent party is one who has no money or property sufficient and aailable for food, shelter, and basic necessities for himself and his family. Only a natural party litigant may be regarded as an indigent litigant [SBU RB p. 533]

Question 40

What is the effect if a party is authorized to litigate as an indigent?

Answer 40

upon an ex parte application and hearing, a party may be authorized to litigate his action, claim or defense as an indigent. Such party will be exempted from the payment of docket fees and of transcript of stenographic notes. However, the amount of the docket and other lawful fees shall be a lien on the judgment rendered in the case favorble to the indigent; it will not be a lien when the court provides otherwise.

NOTE: A certificate of indigency must be attached to the pleadings, issued either by the Barangay in which the party is a resident or the DSWD. [SBU RB p. 533]

Question 41

May the plaintiff implead several defendants and have inconsistent claims against each of them?

Answer 41

Yes. Where the plaintiff is uncertain against who of several defendants he is entitled to relief, he may join any or all of them as defendants in the alternative, although a riht to relief against one may be inconsistent with a right to relief against the other [R3S12]

Rule 3. Section 13. Alternative defendants. - Where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right of relief against the other. (13a)

Question 42

When is permissive joinder of parties allowed?

Answer 42

[CAP]
Joinder of parties is permissive provided that the following requisites concur:
1. There is a question of law or fact [C]ommon to all plaintiffs or defendants;
2. The right to relief [A]rises from the same transaction or series of transactions; and
3. The joinder is not [P]roscribed by the provisions of the Rules on jurisdiction and venue. [SBU RB p. 534]

Rule 3. Section 6. Permissive joinder of parties. - All persons in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, may,

except as otherwise provided in these Rules,

join as plaintiffs or be joined as defendants in one complaint,

where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action;

[NOTE] but the court may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest. (6)

Question 43

When is a joinder of party compulsory?

Answer 43

Joinder of a party becomes compulsory when the one involved is an indispensable party. Where an indispensable party is not a party to an action, the court shall order that he be joined as a party to the action [ROC R3S7].

Question 44

When is there a misjoinder of party?

Answer 44

A party is misjoined when he is made a party to the action although he should not be impleaded [SBU RB 534]

NOTE: Rule 3. Section 11. Misjoinder and nonjoinder of parties. - Neither misjoinder nor non-joinder of parties is ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a misjoined party may be severed and proceeded with separately. (11a)

Question 45

Define non-joinder of parties?

Answer 45

It means the failure to bring a person who is a necessary party or an indispensable party into a lawsuit. [SBU RB 534]

Question 46

Is the misjoinder or nonjoinder of a party a ground for dismissal of a case?

Answer 46

No.

Rule 3. Section 11. Misjoinder and nonjoinder of parties. - Neither misjoinder nor non-joinder of parties is ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a misjoined party may be severed and proceeded with separately. (11a)

NOTE: However, when court orders joinder of parties but order is not complied, could be a ground for dismissal due to fault of the plaintiff.

Question 47

What is a class suit?

Answer 47

Section 12. Class suit. - When the subject matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties, a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all. Any party in interest shall have the right to intervene to protect his individual interest. (12a)

Question 48

How are persons associated without a juridical personality sued?

Answer 48

Section 15. Entity without juridical personality as defendant. - When two or more persons not organized as an entity with juridical personality enter into a transaction, they may be sued under the name by which they are generally or commonly known.

In the answer of such defendant, the names and addresses of the persons composing said entity must all be revealed. (15a)

Question 49

What is the effect of the death of a litigant to the complaint?

Answer 49

[IS-ExecAd-G]

Where the claim is not extinguished by the death of the litigant:
1. The counsel shall [I]nform the court of such fact within 30 days from such death and to give the name and address of the legal representative;
2. Heirs may be [S]ubstituted for the deceased; or
3. If no legal representative is named, the court will order the opposing party to procure the appointment of an [Exec]utor or [Ad]ministrator for the estate of the deceased; and
4. In case of minor heirs, the court may appoint a [G]uardian ad litem for them. [SBU RB p. 534, R3S16]

Question 50

What are the rules when the action survives the death of the party?

Answer 50

It depends if the aciton involves a contractual money claim or not:
1. If it is a contractual money claim:
(a) if the plaintiff dies - the case will continue and the heirs or legal representatives will proceed as substitutes; or

(b) If the defendant dies
b.1. before entry of final judgment - the case shall not be dismissed but shall be allowed to continue until entry of final judgment;
b.2. After entry of final judgment but before execution - all claims against the decedent, whether due, not due, or contingent, must be filed within the time limited in the notice as a claim against the estate [ROC R86S5]. The plaintiff cannot move for execution under R39; or
b.3. After levy or execution but before auction sale - the property actually levied may be sold for hte satisfaction of the judgment obligation [ROC R39S7parC]

2. If it involves a non-contractual money claim or claims which are mentioned in R86S7 and R87S1, there must be substitution. Non-compliance with the rule on substitution of a deceased party renders the proceedigns and judgment of the trial court infirm, because the acquired no jurisdiction over the persons of the legal representatives or of the heirs on whom the trial and the judgment would be binding

NOTE: In ejectment cases, the non-substitution of a defendant does not deprive the court of jurisdiction because judgmetn in an ejectment case is binding upon the party’s successor-in-interest. [SBU RB 535]

Question 51

What is the remedy if one of the co-plaintiff is unwilling to join the case?

Answer 51

If the consent of any party who should be joined as plaintiff cannot be obtained, he may be made a defendant and the reason thereof shall be stated in the complaint. R3S10

Question 52

Define venue

Answer 52

Venue refers to the place where a civil action may be tried; in civil cases, it essentially concerns a rule of procedure which looks primarily at the convenience of the litigants [SBU RB 535]

NOTE: In civil proceedings, venue is procedural, not jurisdictional, and may be waived by the defendant if not seasonably raised either in a motion to dismiss or in the answer. Venue becomes jurisdiction only in criminal cases.

Question 53

What is the venue of real actions?

Answer 53

Real actions shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated [ROC R4S1]. The venue is local.

[SBU RB 535]

NOTE: Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city wherein the real property involved, or a portion thereof, is situated. (1[a], 2[a]a) [R4S1]

Question 54

What is the venue of personal actions?

Answer 54

Personal actions may be commenced and tried in the residence of hte plaintiff or any of the principal plaintiffs or the residence of the defendants or any of hte principal defedants, at the election of the plaintiff. [ROC R4S2]. The venue is transitory.

NOTE: The residence of a person must be his perosnal, actual or phsycial habitation or his actual resience or abode.

Question 55

What are the rules on venue of actions against non-residents?

Answer 55

The venue depends on whether the aciotn is personal or real:

1. If the aciotn is personal and the defendant is a non-resident although found in the Philippines, the venue is the residence of the plaintiff or where the non-resident defendant may be found in the Philippines, at the election of the plaintiff. [ROC R4S2]
2. When the action is against a defendant who is a non-resident and is not found in the Philippines and it involves the personal status of the plaintiff or any property of the defendant located in the Philippines, the action may be commenced and tried in the court of place where the plaintiff resides or where the property or any portion thereof is situated or found [R4S3]

Question 56

When are the rules on venue not applicable?

Answer 56

The Rules on venue shall not apply where:
1. The Rules or substantive law provides otherwise; or
2. The parties have validly agreed in wirting before the filing of the aciotn on the exclusive venue thereof. [ROC R4S4]

Question 57

When can the parties agree upon a specific venue?

Answer 57

[WEB]

The parties may validly agree upon a specific venue which could be in a place where neither of them resies, provided the following requisites are met:
1. The agreement must be in [W]riting;
2. There msut be [E]xclusiveity as to the selection of the venue; and
3. It must be made [B]efore the filing of the action [R4S4]

[SBU RB 536]

Question 58

When will the procedure in MTCs be different from procedure in RTCs?

Answer 58

Section 1. Uniform procedure. - The procedure in the 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)