J. Intervention (Rule 19)

J. Intervention (Rule 19)

> RULE 19 INTERVENTION Section 1. Who may intervene. – 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. The court shall consider 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. (1) Section 2. Time to intervene. – The motion to intervene may be filed at any time before rendition of judgment by the trial court. A copy of the pleading-in-intervention shall be attached to the motion and served on the original parties. (2) Section 3. Pleadings-in-intervention. – The intervenor shall file a complaint-in-intervention if he or she asserts a claim against either or all of the original parties, or an answer-in-intervention if he or she unites with the defending party in resisting a claim against the latter. (3a) Section 4. Answer to complaint-in-intervention. – The answer to the complaint-in-intervention shall be filed within fifteen (15) calendar days from notice of the order admitting the same, unless a different period is fixed by the court. (4a)

INTERVENTION

A legal proceeding by which a person who is NOT a party to the action is permitted by the court to become a party by intervening in a pending action after meeting the conditions and requirement set by the Rules of Court.

Its main purpose is to settle in one action and by a single judgment all conflicting claims of, or the whole controversy among, the persons involved. (Office of the Ombudsman vs. Maximo Sison, G.R. 185954, 2010)

Interest Required

General Rule: Intervention is only collateral or ancillary to the main action. Final dismissal of the principal action results in the dismissal of said ancillary action.

Exception: Where a complaint in intervention was filed before plaintiff's action had been expressly dismissed, the intervenor's complaint was not subject to dismissal on the ground that no action was pending, since dismissal of plaintiff’s action did not affect the rights of the intervenor or affect the dismissal of intervenor's complaint. An intervenor's petition showing it to be entitled to affirmative relief will be preserved and heard regardless of the disposition of the principal action. (Metro Bank v. RTC Manila, G.R. No. 89909, 1990)

Exceptions:

• With respect to indispensable parties, intervention may be allowed even on appeal.
• When the intervenor is the Republic.
• Where intervention is necessary to protect some interest which cannot otherwise be protected, and for the purpose of preserving the intervenor’s right to appeal.

REMEDY OF DENIAL OF MOTION TO INTERVENE

Denial of a motion to intervene DOES NOT constitute res judicata. Remedy of the intervenor is to file a SEPARATE ACTION.

The intervenor can also APPEAL or file for MANDAMUS if there is grave abuse of discretion.

If there is improper grant of intervention, remedy of the party is CERTIORARI.

Pleadings-in-intervention. — The intervenor shall file a complaint-in-intervention if he or she asserts a claim against either or all of the original parties, or an answer-in-intervention if he or she unites with the defending party in resisting a claim against the latter. (Rule 19, Sec.3)

Answer to complaint-in-intervention. — The answer to the complaint-in-intervention shall be filed within fifteen (15) calendar days from notice of the order admitting the same, unless a different period is fixed by the court. (Rule 19, Sec. 4)

Time to File Answer-In-Intervention

The answer-in-intervention shall be filed within 15 calendar days from notice of the order admitting the complaint-in-intervention, unless otherwise fixed by the court. (Rule 19, Sec. 4)

Reopening by Intervention Within Reglementary Period

The following are allowed to intervene with leave of court:

• Has a legal interest in the matter in litigation; or
• Has such legal interest 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/disposition of property in the custody of the court or of an officer thereof.

Updated: Intervention requires a direct and material legal interest, and the court must consider undue delay or prejudice and whether the applicant’s rights can be protected in a separate proceeding (Dee v. Mabasa, G.R. No. 251180, 7 April 2025).