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Intervention: Definition of Intervention Permitted by The Court To Make Himself A Party, Either

Intervention is when a third party joins existing litigation by requesting permission from the court. To intervene, one must (1) file a motion before judgment, (2) have a legal interest in the matter or parties, (3) not unduly delay or prejudice the original parties, and (4) may not have their rights fully protected in separate proceedings. If permitted to intervene, the intervenor files additional pleadings. Denial of a motion to intervene can be appealed, while improper granting can be addressed through certiorari and prohibition.

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118 views5 pages

Intervention: Definition of Intervention Permitted by The Court To Make Himself A Party, Either

Intervention is when a third party joins existing litigation by requesting permission from the court. To intervene, one must (1) file a motion before judgment, (2) have a legal interest in the matter or parties, (3) not unduly delay or prejudice the original parties, and (4) may not have their rights fully protected in separate proceedings. If permitted to intervene, the intervenor files additional pleadings. Denial of a motion to intervene can be appealed, while improper granting can be addressed through certiorari and prohibition.

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Maan Managaytay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

INTERVENTION

Definition of Intervention
A proceeding in a suit or an action by which a third person is
permitted by the court to make himself a party, either:
5 1. Joining plaintiff in claiming what is sought by the complaint,
2. Uniting with defendant in resisting the claims of the plaintiff, or
3. Demanding something adverse to both of them. [1 Herrera 1117, 2007
Ed., citing Gutierrez v. Villegas, G.R. No. L-11848(1962)]
NOTE:Intervention is never an independent action, but is ancillary and
10 supplemental to the existing litigation. [Saw vs CA, 195 SCRA 740]

Requisites for Intervention


1. A motion for leave to intervene filed at any time before rendition
of judgement by the trial court [Sec. 2, Rule 19]
Note: A motion for intervention is a litigious motion. Therefore, the
court shall resolve the motion within 15 calendar days from receipt of
the opposition or upon expiration of the period to file such opposition.
The period to file an opposition would be 5 calendar days from the
5 receipt of such opposition. [Sec. 5, Rule 15]
2. A legal interest:
a. In the matter in litigation;
b. In the success of either of the parties;
c. An interest against both; or
10 d. So situated as to be adversely affected by a distribution or
other disposition of property in the custody of the court or of an
officer thereof
3. Intervention will not unduly delay or prejudice the adjudication of
rights of the original parties
4. Intervenor’s rights may not be fully protected in a separate
proceeding. [Sec. 1, Rule 19; Lorenza Ortega v. CA, G.R. No. 125302 (1998)]

NOTE: Notwithstanding the presence of a legal interest, permission to


5 intervene is subject to the sound discretion of the court, the exercise of
which is limited by considering "whether or not the intervention will
unduly delay or prejudice the adjudication of the rights of the original
parties and whether or not the intervenor’s rights may be fully protected
in a separate proceeding [Virra Mall Tenants v. Virra Mall, G.R. No. 182902 (2011)]
10 Time to Intervene
The motion to intervene may be filed at any time before rendition of
judgment by the trial court. [Sec. 2, Rule 19]
How effected
a. By filing a motion to intervene,
b. Attaching a copy of the pleading-inintervention, and
c. Serving the motion and pleading-inintervention on the original
parties [Sec. 2, Rule 19]

5 Pleadings-in-intervention
a. Complaint-in-intervention – If intervenor asserts a claim against
either or all of the original parties
b. Answer-in-intervention – If intervenor unites with the defending
party in resisting a claim against the latter [Sec. 3, Rule 19]
10 c. Answer to complaint-in-intervention - It shall be filed within 15
calendar days from notice of the order admitting the complaint-in-
intervention, unless a different period is fixed by the court [Sec. 4, Rule 19]

15
Remedy for the Denial of Motion to Intervene
An improper denial of a motion for intervention is correctable by
appeal [1 Regalado 324, 2010 Ed., citing Ortiz v. Trent, G.R. No. 5099 (1909) and
Hospicio de San Jose v. Piccio, G.R. No. L-8540 (1956)]
5 But if there is grave abuse of discretion, mandamus will lie, where
there is no other plain, speedy and adequate remedy [1 Regalado 324, 2010
Ed., citing Dizon v. Romero, G.R. No. L-26252 (1968) and Macias v. Cruz, G.R. No. L-
28947 (1973)]

10 Remedy for granting of the motion to intervene


An improper granting of a motion for intervention may be controlled
by certiorari and prohibition. [1 Regalado 324, 2010 Ed., citing Pflieder v. De
Britanica, G.R. No. L-19077 (1964)]

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