Rule 19

Question 1

What is intervention?

Answer 1

Intervention is a proceeding in action by which a third person is permitted by the court to make himself a party, either by joining the plaintiff in claiming what is sought by the complaint, or uniting with the defendant in resisting the claims of the plaintiff or demanding something adversely to both of them.

Question 2

Who may intervene?

Answer 2

1. One who has a legal interest in the matter in litigation
2. One who has a legal interest in the success of either of the parties
3. One who has an interest against both parties
4. A party that is so situated to be adversely affected by a distribution or other disposition of property in the custody of the court or an officer thereof

Question 3

What are the requisites of intervention?

Answer 3

1. There must be a motion to intervene, with leave of court, filed by the person who wants to intervene, before the court has rendered a judgment
2. The movant must show in his/her motion that he/she has a legal interest in the success of either parties in the action or against both parties;
3. The movant must show that he/she is so situated as to be adversely affected by the distribution or disposition of a property under the custody of the court
4. Intervention must not unduly delay or prejudice the adjudication of the rights of the original parties
5. intervenors may not be fully protected by a separate proceeding

Question 4

What is the effect of dismissal of principal action to the intervention

Answer 4

Since the intervention is only collateral or ancillary to the main action final dismissal of the principal action results in the dismissal of the intervention

Question 5

In what cases may the intervention be filed after judgment has been rendered?

Answer 5

1. with respect to indispensable parties
2. When the intervenor is the Republic
3. when the intervention is necessary to protect some interest which cannot be otherwise protected and for the purpose of preserving the intervenor’s right to appeal

Question 6

What are the remedies available to the intervenor if the motion to intervene was denied?

Answer 6

1. filing of separate action
2. appeal
3. mandamus - if there is grave abuse of discretion
4. certiorari - improper grant of intervention