INTERVENTION

protected in a separate proceeding.

DEFINITION:
1.

2.

3.

The procedure by which a third person, not

originally a party to the suit, but claiming
an interest in the subject matter, comes
into the case, on order to protect his right
or interpose his claim.
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
It is a proceeding in a suit or action by
which a third person is permitted by the
court to make himself a party, either joining
plaintiff in claiming what is sought by the
complaint, or uniting with defendant in
resisting the claims of plaintiff, or
demanding something adversely to both of
them.
an intervention is always supplemental to
an existing litigation
A dismissal of the principal action will give
rise to the denial of a pending motion for
intervention.
a proceeding in a suit by which a third
person with a legal interest therein is
allowed, with leave of court, to make
himself a party thereto

the right to intervene is not an absolute

right

the procedure to secure the right to

intervene is fixed by the statute or rule and
intervention can be secured only in
accordance with the terms of the applicable
provision

intervention is not intended to tchange the

nature of the action itself. Such intervention
will not be allowed where it would enlarge
the issues in the action and expand the
scope of the remedies.

such interest must be of a direct and immediate

character so that the intervenor will either gain
or lose by the direct legal operation of the
judgment. The interest must be actual and
material, a concern which is more than mere
curiosity, or academic or sentimental desire; it
must not be indirect and contingent, indirect and
remote, conjectural, consequential or collateral.
However, notwithstanding the presence of a legal
interest, permission to 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 intervenors rights may be fully

Meaning of legal interest

1. The legal interest must be one that is actual and
material, direct and of an immediate character, not
merely contingent or expectant so that the
intervenor will either gain or lose by the direct legal
operation of the judgment.
Thus, it was ruled that when the title to the
property had been already declared void by final
judgment, intervention will not revive or reinstate
the movants title derived from the title declared
void because there is no more legal interest in the
matter in litigation. (Firestone Ceramics v. Court of
Appeals, 313 SCRA 522).
2. 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 (Mactan-Cebu International Airport
Authority v. Heirs of Mifioza, G.R. No. 186045,
February 2, 2011).
3. In an action for foreclosure of mortgage, the
alleged owners of the land sought to be foreclosed
may intervene (Roxas u. Dinglasan, 28 SCRA 430).

Who may intervene?

1.
2.
3.
4.

A person who has legal interest in the

matter in litigation
One who has legal interest in the success of
either of the parties
One who has an interest against both
parties
A person who is so situated as to be
adversely affected by a distribution or other
disposition of the property in the custody of
the court or of an officer thereof
leave of court is necessary in order that the
third person may be allowed to intervene in
the action
actions for annulment or declaration of
nullity of marriage or for legal separation
where the defending party fails to answer,
the court shall order the prosecuting
attorney to investigate whether or not a
collusion between the parties exists, and if
there is no collusion, to intervene for the
State in order to see to it that that evidence
submitted is not fabricated or suppressed.

1.
Example
1.
-

Legal interest in the matter in litigation

in an action involving the estate of the
decedent, the heirs may intervene when
they believe that the administrators actions
are prejudicial to their interests.
In the probate proceedings involving the
settlement
of
the
executors
or
administrators accounts, a person liable as
surety on such account may, upon
application, be admitted as party to such
accounting
In guardianship proceedings, the social
worker may intervene on behalf of the
minor if he finds that the petition should be
denied

2.
-

Legal interest in the success of either party

in a suit by the creditor against the surety,
the principal debtor may intervene and
unite with the defendant to resist the claim
of the plaintiff creditor.

3.
-

Legal interest against both parties

in a suit for recovery of possession of land
by P against D, O who claims to be the real
owner of the subject land may intervene

4.

A person who is so situated as to be

adversely affected by a distribution or other
disposition of the property in custody of the
court or of an officer thereof.
P files an action to recover a sum of money
from D who had issued a bouncing check. P
is able to attach what appears to be Ds
property. X who is the real owner of the
property attached may intervene in the suit
to set aside the writ of attachments

Other examples of intervention :

1. If the defending party in an action for
annulment or declaration of nullity of
marriage or for legal separation fails to
answer, the court shall order the
prosecuting attorney to investigate whether
or not a collusion between the parties
exists, and if there is no collusion, to
intervene for the state in order to see it
that the evidence submitted is not
fabricated
2. Where the civil action fro recovery of civil
liability is instituted in the criminal action
pursuant to rule 111, the offended party
may
intervene
by
counsel
in the
prosecution of the offense.
3.

In a class suit, any party in interest shall

have the right to intervene to protect his
individual interest

PROCEDURE:

2.

He shall file a motion for leave of court to

intervene 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

Q: May intervention be allowed after rendition of

judgment?
A: No. Since intervention may be allowed only
before rendition of judgment. The exception would
be
a. the intervention of an indispensable partywithout them no final adjudication of the
controversy could be made
b. When the Republic of the Philippines is the
intervenor
c. To protect public interest
FACTORS TO BE CONSIDERED BY THE COURT
Whether or not the intervention will unduly
delay or prejudice the adjudication of the
rights of the original parties
Whether or not the intervenors rights may
be fully protected in a separate proceeding
Q: May a third party whose property has been
levied upon pursuant to a final and executor
judgment move to intervene the case?
A: No. A motion to intervene may not be filed after
a judgment had been rendered by the trial court.
The third party may file a third-party claim.
Q: What are the pleading to be filed by the
intervenor in relation to his intervention?
A: A complaint-in-intervention if the intervenor
asserts a claim against either or all of the original
parties, or an answer-in-intervention if he unites
with the defending party in resisting a claim
against the latter.
Q: Is the allowance of intervention compulsory with
the court?
A: No. The allowance is DISCRETIONARY. That is
why leave of court should be sought.
In exercising its discretion, 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 intervenors
rights may be fully protected in a separate
proceeding.
However, where the intervenor is and indispensable
party, the court must allow the intervention
The court must allow the intervention of the partyin-interest, the State and the offended party,
respectively.
Q: When should an answer to a complaint-inintervention be filed?
A: Within 15 days from notice of the order
admitting the complaint-in-intervention, unless a
different period is fixed by the court.

Q: Is an order denying a motion for leave to

intervene appealable? If so, what is the period for
appealing the order?
A: Yes, an order denying a motion for leave to
intervene may be appealed.
REMEDY FOR THE DENIAL OF THE MOTION TO
INTERVENE
An improper denial of a motion to intervene
is correctible by appeal, but if there is
grave abuse of discretion, mandamus will
lied if there is no other plain, speedy and
adequate remedy
Appeal
Certiorari and Mandamus, if there is abuse
of discretion
NOTE :
the grant or refusal of a motion to
intervene is discretionary upon the court
once exercised, the decision cannot be
reviewed or controlled by mandamus,

except, if there is arbitrary abuse of the

discretion, where the court will be called
upon to review the exercise of such
discretionary power. If there is grave abuse
of discretion, the party may also avail of
certiorari.
INTERVENTION
An Ancilliary Action
Proper in any of the four
situations mentioned in
this Rule.

Defendants are already

original parties to the
pending suit.

INTERPLEADER
An original action
Presupposes that the
plaintiff has not interest
in the subject matter of
the
action
or
has
interest therein which,
in whole or in part, is
not disputed by the
other parties to the
action
Defendants are being
sued
precisely
to
implead them