Rule 19 - Intervention Flashcards
How do you define intervention?
Intervention is a remedy by which a third party, not originally impleaded in the proceedings, becomes a litigant therein to enable him, her or it to protect or preserve a right or interest which may be affected by such proceedings. (Asia’s Emerging Dragon Corporation vs. DOTC, G.R. No. 169914, March 24, 2008)
Who may intervene (sec. 1)?
A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is 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 may, with leave of court, be allowed to intervene in the action.
When is intervention allowed?
The motion to intervene may be filed at any time before rendition of judgment by the trial court. (Rule 19, Sec. 2, A.M. No. 19-10-20-SC)
Is intervention a matter of right?
● No. It is settled that the right to intervene is not an absolute right; it may only be permitted by the courts when the movant establishes facts which satisfy the requirements of the law authorizing it. (Asia’s Emerging Dragon Corporation vs. DOTC)
● Intervention is not a matter of right but may be permitted by the courts only when the statutory conditions for the right to intervene are shown. Thus, the allowance or disallowance of a motion to intervene is addressed to the sound discretion of the court. (Ongco vs. Dalisay)
