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7. Motion day. Except those motions requiring immediate action, all motions should be scheduled for hearing on
Friday afternoons, or if Friday is a non-working day, in the afternoon of the next business day.
8. Preliminary injunction not granted without notice issuance of restraining order. No preliminary injunction shall be
granted without notice to the defendant. If it shall appear from the facts shown by affidavit or by the verified complaint
that great or irreparable injury would result to the applicant before the master can be heard on notice, the Court to
which the application for preliminary injunction was made, may issue a restraining order to be effective only for a
period of twenty days from date of its issuance. Within the said twenty-day period, the court must cause an order to be
served on the defendant, requiring him to show cause, at a specified time and place, why the injunction should not be
granted, and determine within the same period whether or not the preliminary injunction shall be granted, and shall
accordingly issue the corresponding order. In the event that the application for preliminary injunction is denied, the
restraining order is deemed automatically vacated.
Nothing herein contained shall be construed to impair, affect or modify in any way any rights granted by, or rules
pertaining to injunctions contained in, existing agrarian, labor or social legislation.
B. PROCEDURE IN THE METROPOLITAN TRIAL COURTS, MUNICIPAL COURTS AND MUNICIPAL CIRCUIT
TRIAL COURTS
9. Uniform with that in regional trial courts. Rules 5 and 123 of the Rules of Court are hereby repealed. The
procedure to be observed in Metropolitan trial courts, municipal trial courts and municipal circuit trial courts, in all
cases and proceedings, whether civil or criminal, shall be the same as that to be observed in the regional trial courts.
10. Jurisdiction in ejectment cases. Metropolitan trial courts, municipal trial courts, and municipal circuit trial courts,
without distinction, may try cases of forcible entry and detainer even if the question of ownership is raised in the
pleadings and the question of possession could not be resolved without deciding the issue of ownership, but the
question of ownership shall be resolved only to determine the issue of possession.
11. Application of the totality rule. 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 interest 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.
12. Preliminary investigations. Preliminary investigations may be conducted by Metropolitan Trial Courts (except
those in the National Capital Region), Municipal Trial Courts and Municipal Circuit Trial Courts in the manner provided
for in Section 37 of B.P. Blg. 129.
No warrant of arrest shall be issued by any judge of a metropolitan trial court, municipal trial court and municipal
circuit trial courts in any criminal case filed with him unless he first examines the witness or witnesses personally, and
the examinations shall be under oath and reduced to writing in the form of searching questions and answers.
C. PROCEDURE IN THE REGIONAL TRIAL COURTS
13. Venue of actions. The venue of all actions whether civil or criminal, and in special proceedings, filed in the
regional trial courts shall mean such area defined by the Supreme Court as the territory over which particular a branch
shall exercise authority in accordance with Section 18 of B.P. Blg. 129.
All provisions of the Rules of Court referring to "provides" shall be deemed to mean such area.
D. PROCEDURE IN THE INTERMEDIATE APPELLATE COURT
14. Exercise of original jurisdiction. The Intermediate Appellate Court may entertain petitions for mandamus,
prohibition, certiorari, habeas corpus, and quo warranto, and issue auxiliary writs or processes, whether or not in aid of
its appellate jurisdiction.
15. Trial of cases. Whenever the Intermediate Appellate Court shall conduct a trial or hearing to receive evidence, it
shall observe the procedure prescribed for such purpose in the trial courts.
E. APPELLATE PROCEDURE
16. Cases reviewable by the Intermediate Appellate Court. The Intermediate Appellate Court may review final
decisions, orders, awards or resolutions of regional trial courts and of all quasi-judicial bodies except the Commission
on Elections, the Commission on Audit, the Sandiganbayan, and decisions issued under the Labor Code of the
Philippines and the Central Board Assessment Appeals.
17. Petitions for writs of certiorari, etc. No petition for certiorari, mandamus, prohibition, habeas corpus or quo
warranto may be filed in the Intermediate Appellate Court if another similar position has been filed or is still pending in
the Supreme Court. Nor may such petition be filed in the Supreme Court if a similar petition has been filed or is still
pending in the Intermediate Appellate Court, unless it be to review the action taken by the Intermediate Appellate
Court on the petition filed with it. A violation of this rule shall constitute contempt of court and shall be a cause for the
summary dismissal of both petitions, without prejudice to the taking of appropriate action against the counsel or party
concerned.
18. Elimination of record on appeal and appeal bond. The filing of a record on appeal shall be dispensed with, except
in the cases referred to in sub-paragraph (b) of paragraph 19 hereof.
Strict observance of the aforementioned Resolution of January 11, 1983 is hereby enjoined.
Manila, October 22, 1985