i. Interest in Object of Litigation or Transaction (See also Civil Code, Art. 1491(5))

Who May Intervene

• Has a legal interest in the matter in litigation;
• Has legal interest in the success of either of the parties;
• Has an interest against both parties; or
• A party that 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.

Legal Interest

One that is actual, material, direct and of an immediate character, not merely contingent or expectant.

Intervention is NOT an absolute right (nor is it compulsory or mandatory), as it is within the court’s discretion to grant it. Intervention is an ancillary and supplemental proceeding to an existing litigation. Thus, the final dismissal of the principal action results in the denial of the motion to intervene.

A law firm whose services were unjustly terminated was allowed to intervene in the case despite the compromise agreement between the parties. (Czarina Malvar v. Kraft Foods, G.R. 183952, 2013)

A complaint-in-intervention can’t be treated as an independent action as it is merely ancillary to and a supplement upon the principal action. The complaint-in-intervention essentially latches on the complaint for its legal efficacy so much so that the dismissal of the complaint leads to its concomitant dismissal. (Sta. Rita Co v. Angeline Gueco, G.R. 193087, 2013)

The trial court must not only determine if the requisite legal interest is present, but also take into consideration the delay and the consequent prejudice to the original parties that the intervention will cause. Both requirements must concur, as the first requirement on legal interest is not more important than the second requirement that no delay and prejudice should result. To help ensure that delay does not result from the granting of a motion to intervene, the Rules also explicitly say that intervention may be allowed only before rendition of judgment by the trial court. (Lorenza C. Ongco vs Valeriana Ungco Dalisay, G.R. No. 190810, 2012)

Common Interest

As a requisite for a class suit to prosper, common interest in the subject matter (e.g., money, land, chattel) of the litigation is required. It does not pertain to the delict or wrong committed by the defendant.

Meaning of Legal Interest

The interest contemplated by law must be actual, substantial, material, direct and immediate, and not simply contingent or expectant. It must be of such direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment. Otherwise, if persons not parties to the action were allowed to intervene, proceedings would become unnecessarily complicated, expensive and interminable. (MactanCebu International Airport Authority v. Heirs of Miñoza, G.R. No. 186045, February 2, 2011)

“Interest” Is required for one to oppose; exception

General Rule: A dismissal of a petition for letters of administration will lie against a person who has no interest in the estate of the decedent.

Exception: An objection to a petition for letters of administration may be barred by waiver or estoppel. A party who has affirmed and invoked the jurisdiction of the court in a particular matter to secure an affirmative relief cannot be allowed to afterwards deny the same to escape penalty. (Pilipinas Shell Petroleum Corp. v. Dumlao, G.R. No. 44888, 1992)