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Rule 19 pending action after meeting the conditions and Q: What if Z does not file

INTERVENTION requirements set by the Rules of Court. This a third party complaint against
third person who intervened is one who is not Y? What can Y do to be able to
J and P are solidary debtors for the sum of P100,000.00 originally impleaded in the action (First Philippine join the case?
because they signed a promissory note in favor of D to Holdings Corporation v. Sandiganbayan 253 SCRA 30) A: Y can, with leave of
collect the sum of P100,000.00. However, although J signed court, INTERVENE under Rule
the promissory note, he did not get a single centavo. It is a remedy by which a third party, not 19. The initiative should come
Everything went to P. Both of them are now sued. According originally impleaded in the proceedings, from her.
to J, Actually there is a possibility that I will pay the becomes a litigant therein to enable him to
P100,000.00 to Dean when actually I did not even get a protect or preserve a right or interest which So an intervention is related to a third-party
single centavo out of it. Everything went to P! Therefore, J may be affected by such proceeding (Office of complaint. It is a process by which a stranger or a third
will now file a case against P where he will allege that if J the Ombudsman v. Samaniego GR 175573, Sept. party is included in a case, but with the difference that
will be held liable to D, P will reimburse him (J). So, J will 11, 2008). in a third-party complaint, it is the party who
also file a claim in the same action against P. brought you in. While in intervention, the
An intervention cannot alter the nature of the initiative comes from the third person and he is
Sec. 8. Cross-claim. A action and the issues already joined (Castro v. known as the intervenor. And the process of
cross-claim is any claim by one David 100 Phil. 454). entering is called intervention. And take note that a
party against a co-party arising person cannot simply intervene for the sake of
out of the transaction or Intervention is never an independent proceeding but is intervening. There must be a legal ground for
occurrence that is the subject ancillary and supplemental to an existing litigation. Its intervention which can be found in Section 1.
matter either of the original purpose is to enable a stranger to an action to become
action or of a counterclaim a party to protect his interest (Santiago Land
therein. Such cross-claim may Development Corporation v. CA 267 SCRA 79). Denial of motion to intervene does not constitute
include a claim that the party res judicata. Remedy of the intervenor is to file a
against whom it is asserted is separate action. (Asuncion vs. Pineda GR No. L-
or may be liable to the cross- Intervention in an action is neither compulsory nor 47924, July 31, 1989)
claimant for all or part of a mandatory but only optional and permissive
claim asserted in the action (Mabayo Farms Inc. v. CA GR 140058 August 1, Factors to be considered by the court in resolving
against the cross-claimant.(7) 2002). Hence, the court has full measure of a motion to intervene:
discretion in permitting or disallowing the same
If only solidary debtor is sued what is his remedy if he (Yau v. Manila Banking Corporation GR 126731 1. whether or not the intervention will
wants to involve the other so he can contribute to the July 11, 2002). unduly delay or prejudice the adjudication of the
liability? rights of the original parties; and
This discretion however, must be exercised 2. whether or not the intervenor's rights
judiciously and only after consideration of all the may be fully protected in a separate proceeding.
THIRD (FOURTH, ETC.) PARTY COMPLAINT circumstances obtaining in the case. Thus, where the
substantial interest of the movant in the subject matter Section 1. Who may
Sec. 11. Third, (fourth, etc.) is undisputed, a denial of a motion to intervene is an intervene. A person who has
- party complaint. A third (fourth, injustice (Mago v. CA GR No. 115624 Feb. 25, 1999). a legal interest in the
etc.) party complaint is a claim matter in litigation, or in the
that a defending party may, Illustration of intervention: success of either of the
with leave of court, file against parties, or an interest
a person not a party to the X creditor; Y debtor; Z surety. Z and Y signed a against both, or is so
action, called the third (fourth, promissory note in favor of X. situated as to be adversely
etc.) party defendant, for affected by a distribution or
contribution, indemnity, Q: X sues Y andZ. What other disposition of
subrogation or any other relief, pleading should Z file to property in the custody of
in respect of his opponent's protect herself? the court or of an officer

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claim. (12a) A:Z should file a thereof may, with leave of court,
CROSS-CLAIM against her co- be allowed to intervene in the
partyY. action. The court shall consider
If the non-party solidary debtor wants to whether or not the
voluntary join as party- Q: Z sues only Z . What intervention will unduly
is the remedy of Z to protect delay or prejudice the
herself? adjudication of the rights of
Intervention defined. A: Z should file a the original parties, and
THIRD-PARTY COMPLAINT whether or not the
Intervention is a legal proceeding by which a against Y. intervenor's rights may be
person who is not a party to the action is permitted fully protected in a separate
by the court to become a party by intervening in a proceeding. (2[a], [b]a, R12)
A: NO. They cannot intervene the legal interest Requisites for Intervention
they are claiming is contingent, expectant there is no
Grounds for intervention assurance that your father will die ahead of you. The The following requisites must be complied with
1.) The intervenor has a legal interest interest referred to by the law is an interest that is before a non-party may intervene in a pending action:
on the matter under litigation; direct immediate, actual existing interest as
2.) The intervenor has a legal interest in distinguished from expectant, inchoate or contingent (a) There must be a motion for
the success of either of the parties; interest. (Garcia vs. David, 67 Phil. 279) intervention filed before rendition of
3.) The intervenor has a legal interest judgment by the trial court. A motion is
against both; or How do you distinguish the second example necessary because leave of court is
4.) The Intervenor is so situated as to be from the first case? In the first case, the father is dead required before a person may be
adversely affected by a distribution and you inherit the property. Technically, the property allowed to intervene (Section 1);
or other disposition of property in belongs to you. So the right of the heirs over the (b) The movant must show in his motion
the custody of the court or of an property litigated by the administrator is not expectant that he has a (1) legal interest in (a)
officer thereof. or inchoate. matter in litigation, (b) the success of
either of the parties in the action, or (c)
against both parties, or d)That the
First Ground: THE INTERVENOR HAS A LEGAL INTEREST ON Second Ground: THE INTERVENOR HAS A LEGAL movant is so situated as to be
THE MATTER UNDER LITIGATION; INTEREST IN THE SUCCESS OF EITHER OF THE adversely affected by a distribution or
PARTIES; other disposition of property in the
Meaning of legal interest custody of the court or of an officer
So you are interested in the plaintiff winning or the thereof (Sec.1)
The legal interest must be one that is actual and defendant winning.
material, direct and of an immediate character, not
merely contingent or expectant so that the EXAMPLE : In an action filed by the creditor INTERVENTION, NOT A RIGHT
intervenor will either gain or lose by the direct legal against the surety only to recover the debt of the
operation of the judgment. Thus, when the title to the principal debtor without impleading the principal It is discretionary, thus, a motion for intervention must
property has been already declared void by final judgment, debtor. The principal debtor may intervene if he is be filed by the intervenor. And under Section 1, the court
intervention will not revive or reinstate the movants title interested in the success of the surety. may or may not grant the motion - the court shall
derived from the title declared void (Firestone Ceramics v. consider a.) whether or not the intervention will unduly
CA 313 SCRA 522; Office of the Ombudsman v. Samaniego). delay or prejudice the adjudication of the rights of the
Third Ground: THE INTERVENOR HAS AN original parties and b.) whether or not, the intervenors
The assignee of the property who assumed payment INTEREST AGAINST BOTH PARTIES; rights maybe fully protected in a separate proceeding.
of whatever amount may be finally adjudged against the
assignor may intervene in a proceeding involving the I am not interested in the victory of either the For example, the case between the original parties
execution of the property pursuant to a judgment (Robles v. plaintiff or the defendant. I am interested with my is about to end, the trial of the case is about to end and
Timario 6 SCRA 380). victory against both. So it becomes a three- cornered at that point, you will have to intervene. If you
fight. intervene, we will start all over again. So, it will be
In an action for foreclosure of mortgage, the alleged dilatory. But even if you will not be allowed to intervene,
owners of the land sought to be foreclosed may intervene EXAMPLE: S filed a case against R on the issue the court may say that you can file your case in the
(Roxas v. Dinglasan 28 SCRA 430). who between them has the right to possess the future. You can file a separate action later against the
property. If T claims that he has the right not R or S parties.
EXAMPLE #1: Tarzan died survived by his children. then he can intervene in the case between R and S.
Cheeta is appointed as administrator of his estate. Cheeta as
representative of the estate filed a case to recover a piece of Fourth Ground: THE INTERVENOR IS SO WHEN AND HOW TO FILE
land which he believes belongs to the deceased. The SITUATED AS TO BE ADVERSELY AFFECTED BY A
children would like to intervene. DISTRIBUTION OR OTHER DISPOSITION OF Sec. 2. Time to intervene.
Q: Do children have the legal personality or the right PROPERTY IN THE CUSTODY OF THE COURT OR OF The motion to intervene
to intervene involving the estate of Tarzan? AN OFFICER THEREOF. may be filed at any time before

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A: YES, because they have a legal interest in the rendition of judgment by the
matter in litigation. If the case will succeed they will be EXAMPLE: Sonny secures a writ of preliminary trial court. A copy of the
richer. The property will go to them. (Dais vs. CFI of Capiz, attachment against Gemma but the property attached pleading-in-intervention shall
51 Phil. 396) preliminarily happens to be my property. So I can be attached to the motion
move to intervene because I am adversely affected by and served on the original
EXAMPLE #2: Suppose Victor filed a case against Ping the distribution. parties.
to recover a piece of land. Victors children (Mary, Rose and
Ador) would like to intervene contending that when their Can you not file a third- party claim if your Sec. 3. Pleadings-in-
father (Victor) would die in the future, their inheritance is property is wrongfully attached? YES you can, but that intervention. The intervenor
affected. is not the only remedy. The law allows the third person shall file a complaint-in-
Q: Can the children of Victor intervene? to file an intervention in the main action. intervention if he asserts a
claim against either or all of
the original parties, or an however, is not inflexible. Interventions have been shall be filed within fifteen
answer-in-intervention if he allowed even beyond the period prescribed in the Rule, (15) days from notice of the
unites with the defending party when demanded by the higher interest of order admitting the same,
in resisting a claim against the justice . Interventions have also been granted to unless a different period is
latter. (2[c]a, R12) afford indispensable parties, who have not been fixed by the court. (2[d]a,
impleaded, the right to be heard even after a R12)
Q: When do you move to intervene? decision has been rendered by the trial court,
A: Under Section 2, at any time before rendition of when the petition for review of the judgment has In other words, just like any other complaint, it
judgment by the trial court. already been submitted for decision before the should be answered within 15 days. A complaint-in-
Supreme Court, and even where the assailed order has intervention must be answered within fifteen (15) days
Remedy after judgment- already become final and executory. (Deogenes O. from notice of the order admitting the same, unless a
Rodriguez vs. Court of Appeals, G.R. No. 184589, June different period is fixed by the court.
After rendition of judgment, a motion to intervene is barred, 13, 2013) - TDC
even if the judgment itself recognizes the right of the Remedy from denial of intervention:
movant. The remedy of the movant is to file a separate 1. appeal, because an order of denial is a final
action. And when you file a motion to intervene, the order; or
pleading-in-intervention that you want to file 2. mandamus, if there is grave abuse of
Exceptions: should already be included. discretion;

1. with respect to indispensable parties, intervention Remedy for the denial of motion to intervene
may be allowed even on appeal (Falcasantos vs. Rule 15, Sec. 9. The remedy of the aggrieved party is APPEAL The
Falcasantos GR No. L-4627, May 13, 1952; Motion for leave. - A motion allowance or disallowance of a motion to intervene is
2. when the intervenor is the Republic (Lim vs. for leave to file a pleading addressed to the sound discretion of the court hearing
Pacquing, GR No. 115044, Jan. 27, 1995); or motion shall be the case. This discretion, once exercised, is not
3. Intervention may be allowed after judgment accompanied by the reviewable by certiorari or mandamus save in instances
where necessary to protect some interest which pleading or motion sought where such discretion is exercised in an arbitrary or
cannot otherwise be protected; and for the purpose to be admitted. (n) capricious manner. (Gallego vs. Galang, G.R. No. 130228,
of preserving the intervenor's right to appeal July 27, 2004)
(Herrera vol. 1 p. 847) So, in other words, when you file a motion for
4. Class suit (Section 12, Rule 3) leave, the pleading must already be included in your
motion. An example is a motion to intervene where it FIRST PHILIPPINE HOLDINGS
Rule 3, Sec. 12. Class suit. - When the must already be accompanied by the pleading-in- CORP. vs. SANDIGANBAYAN
subject matter of the controversy is one of intervention. 253 SCRA 30 [February 1, 1996]
common or general interest to many persons so
numerous that it is impracticable to join all as Types of pleadings-in-intervention: FACTS: There was a motion to
parties, a number of them which the court finds 1. COMPLAINT-IN-INTERVENTION if you are intervene and the trial court denied it.
to be sufficiently numerous and representative joining forces with the plaintiff, or you are
as to fully protect the interests of all concerned asserting a claim against both; or ISSUE: Is a writ of MANDAMUS
may sue or defend for the benefit of all. Any 2. ANSWER-IN-INTERVENTION if you are available to compel a trial court to
party in interest shall have the right to uniting with the defendant to resist the grant a motion for intervention?
intervene to protect his individual interest. plaintiff,
(12a) HELD: As provided under Rule
Related procedures under Rule 6- 19, Section 1, intervention shall be
allowed in the exercise of discretion
Intervention is merely collateral or accessory or ancillary to Sec. 2. Pleadings by a court. Ordinarily, mandamus will
the principal action, and not an independent proceeding; it is allowed. The claims of a not prosper to compel a discretionary
an interlocutory proceeding dependent on or subsidiary to party are asserted in a act. But where there is gross
the case between the original parties. Where the main action complaint, counterclaim, abuse of discretion, manifest

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ceases to exist, there is no pending proceeding wherein the cross-claim, third (fourth, injustice or palpable excess of
intervention may be based. (Looyuko vs. Court of Appeals, etc.) party complaint, or authority equivalent to denial
G.R. No. 102696, July 12, 2001) complaint-in-intervention. of a settled right to which
xxxxx petitioner is entitled, and there is
However, in some cases, the Supreme Court has allowed no other plain, speedy and
intervention after judgment, and in one case even after the Actually a complaint-in-intervention is the adequate remedy, the writ shall
judgment had become final and executory, to serve the pleading referred to now in Rule 19. issue.
ends of justice and equity. (Office of the Ombudsman vs.
Miedes, Sr ., G.R. No. 176409, February 27, 2008) Sec. 4. Answer to
complaint-in-intervention.
*** Although Rule 19 of the Rules of Court is explicit on the The answer to the Remedy from an order granting an
period when a motion to intervene may be filed. This rule, complaint-in -intervention intervention:
the case between the original cannot prove his right against Y. The intervention should
Certiorari, if there is improper granting of parties. Where the main action continue. Bahala ka kung nag-withdraw ka, basta ako I
intervention. ceases to exist, there is no pending will continue. I will claim that the land is mine.
proceeding wherein the intervention (METROBANK ruling)
maybe based. If the main action
dies, the intervention dies also. Intervention and transferee pendente
Period to answer if complaint-in-intervention is lite/distinguished as to rights
amended- BUT there is another answer given by the SC in
the case of: Now, an intervention may be confused with another
Let us go back to Rule 11, Section 3: procedure under Rule 3, Section 19 on Transfer of
METROPOLITAN BANK AND Interest. For example: When a property under litigation
Sec. 3. Answer to amended TRUST CO. vs. PRESIDING is sold and there is a notice of lis pendens, the person
complaint. Where the plaintiff JUDGE, RTC OF MANILA who buys is called the TRANSFEREE PENDENTE LITE. In
files an amended complaint as 189 SCRA 820 [1990] the case of
a matter of right, the defendant
shall answer the same within HELD: When the intervention SANTIAGO LAND CORP. vs.
fifteen (l5) days after being is granted and the main action is COURT OF APPEALS
served with a copy thereof. withdrawn or dismissed, it would be January 28, 1997
Where its filing is not a unfair to dismiss the intervention.
matter of right, the defendant So the intervention proceeds FACTS: Rose brought an action
shall answer the amended notwithstanding the withdrawal of against a bank to enforce an alleged
complaint within ten (10) days the main action. right to redeem certain real properties
from notice of the order The simple fact that the trial foreclosed by the bank. With notice of
admitting the same. An answer court properly dismissed plaintiffs the pending civil action, Leo
earlier filed may serve as the action does not require dismissal of purchased from the bank one of the
answer to the amended the action of the intervenor. An properties subject of the litigation. So
complaint if no new answer is intervenor has the right to claim the Leo is now called the TRANSFEREE
filed. benefit of the original suit and to PENDENTE LITE. And later, Leo filed a
This Rule shall apply to prosecute it to judgment. The right motion to intervene. Rose opposed
the answer to an amended cannot be defeated by dismissal of Leos motion for intervention.
counterclaim, amended cross- the suit by the plaintiff. Where a
claim, amended third (fourth, complaint in intervention was filed ISSUE: Does a transferee
etc.) party complaint, and before plaintiffs action had been pendente lite of the property in
amended complaint-in- expressly dismissed, the intervenors litigation have a right to intervene?
intervention. (3a) complaint was not subject to
dismissal on the ground that no HELD: The SC here made a
Q: What is the period to answer an amended action was pending. distinction between the rights of a
complaint-in-intervention? transferee pendente lite (Rule 3,
a.) 10 from receipt of the order allowing the So how do you reconcile these conflicting Section 19) and an intervenor (Rule
amendment if amendment is not a decisions now? Well, I think it DEPENDS on the 19).
matter of right; or ground for intervention. The purpose of Rule 19 on
b.) 15 days from service of the amended complaint intervention is to enable a stranger
if amendment is a matter of right. To illustrate: to an action to become a party to
It is just like answering an ordinary amended protect his interest and for the
complaint. EXAMPLE #1: The creditor files a case against court incidentally to settle all
the surety. The debtor intervened. So, he is joining conflicting claims. On the other
the surety. Then creditor withdrew the complaint. hand, the purpose of Rule 3, Section
DISMISSAL OF THE MAIN ACTION; EFFECT ON What will happen to the intervention? The intervention 19 is to provide for the

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INTERVENTION cannot go on because the intervention is actually to substitution of the transferee
assist the surety. So, if the complaint against the pendente lite precisely because
surety is dismissed, wala ng utang. There is no more he is not a stranger but a
BIG COUNTRY RANCH CORP. vs . basis to assist the surety. (BIG COUNTRY ruling) successor-in-interest of the
COURT OF APPEALS transferor, who is a party to the
227 SCRA 161 [1993] EXAMPLE #2: But suppose X filed a case against action. As such, a transferees title to
Y claiming that she has a superior right to posses a the property is subject to the incidents
HELD: An intervention is merely piece of land. And then T will intervene also claiming and results of the pending litigation
collateral or accessory or ancillary to the that he has the superior right to possess. So the three and is in no better position than the
principal action and not an independent of them will fight. And then later, X will withdraw the vendor in whose shoes he now
proceeding. It is an interlocutory case. What will happen to Tommys intervention? The stands.
proceeding dependent on or subsidiary to dismissal of the main action does not mean that T
As such, he stands exactly in the 3. The answer to the final judgment.
shoes of his predecessor in interest, the complaint-in-
original defendant, and is bound by the intervention shall be Intervention is merely collateral or accessory or ancillary
proceedings had in the case before the filed within 15 days to the principal action, and not an independent
property was transferred to him. He is a from notice of the order proceeding; it is an interlocutory proceeding dependent
proper, but not an indispensable, party as admitting the same, on or subsidiary to the case between the original parties.
he would, in any event, have been bound unless a different Where the main action ceases to exist, there is no
by the judgment against his predecessor. period is fixed by the pending proceeding wherein the intervention may be
How then can it legally be possible courts (Sec. 4) based. (Looyuko vs. Court of Appeals, G.R. No. 102696,
for a transferee pendente lite to still July 12, 2001)
intervene when, for all intents and
purposes, the law already considers him Reviewer- However, in some cases, the Supreme Court has allowed
joined or substituted in the pending action, Intervention (Rule 19) intervention after judgment, and in one case even after
commencing at the exact moment when the judgment had become final and executory, to
the transfer of interest is perfected INTERVENTION is a legal proceeding by which a serve the ends of justice and equity. (Office of the
between the original party-transferor and person who is NOT a party to the action is permitted Ombudsman vs. Miedes, Sr ., G.R. No. 176409, February
the transferee pendente lite? And this by the court to become a party by intervening in a 27, 2008)
even if the transferee is not formally pending action after meeting the conditions and
joined as a party in the action. Because requirement set by the Rules of Court. *** Although Rule 19 of the Rules of Court is explicit on
the transferee pendente lite simply the period when a motion to intervene may be filed. This
takes the place of the transferor, he 1. Requisites for intervention rule, however, is not inflexible. Interventions have been
is barred from presenting a new or Requisites For Intervention (Rule 19, Sec. 1) allowed even beyond the period prescribed in the Rule,
different claim. 1. There must be a motion for intervention filed when demanded by the higher interest of justice .
On the other hand, one who BEFORE rendition of judgment. Interventions have also been granted to afford
intervenes has a choice not to intervene 2. Movant must show in his motion that indispensable parties, who have not been
and thus not to be concluded by any a. he has legal interest in the matter in litigation, in the impleaded, the right to be heard even after a
judgment that may be rendered between success of either of the parties in the action, or against decision has been rendered by the trial court,
the original parties to the action. both parties. when the petition for review of the judgment has already
been submitted for decision before the Supreme Court,
Meaning, if you are a TRANSFEREE PENDENTE b. he is situated as to be adversely affected by a and even where the assailed order has already become
LITE, there is no need for you to intervene because distribution or other disposition of property in the final and executory. (Deogenes O. Rodriguez vs. Court of
you are already a (necessary) party. On the other custody of the court Appeals, G.R. No. 184589, June 13, 2013) - TDC
hand, an INTERVENOR can decide whether or not he
wants to join to be bound by the judgment of the 3. Intervention must not unduly delay or prejudice the
main case. So that is the ruling in SANTIAGO LAND. adjudication of the rights of the original parties. 3. Remedy for the denial of motion to intervene
The remedy of the aggrieved party is APPEAL The
4. Intervenors rights may not be fully protected in a allowance or disallowance of a motion to intervene is
Procedure for Intervention separate proceeding. addressed to the sound discretion of the court hearing
the case. This discretion, once exercised, is not
1. The intervenor shall file a LEGAL INTEREST one that is actual and material, reviewable by certiorari or mandamus save in instances
motion for intervention direct and of an immediate character, not merely where such discretion is exercised in an arbitrary or
attaching thereto his contingent or expectant. capricious manner. (Gallego vs. Galang, G.R. No. 130228,
pleading-in-intervention. The July 27, 2004)
pleading to be filed depends Intervention is NOT an absolute right (nor is it
upon the purpose of the compulsory or mandatory), as it is within the courts
intervention. If the purpose is discretion to grant the same.
to assert a claim against
either or all of the original Intervention is an ancillary and supplemental

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parties, the pleading shall be proceeding to an existing litigation. Thus, the final
called a complaint-in- dismissal of the principal action results in the denial for
intervention; If the pleading the motion to intervene.
seek to unite with the
defending party in resisting a 2. Time to intervene (Rule 19, Sec. 2)
claim against the latter, he Motion for intervention may only be filed BEFORE
shall file an answer-in- judgment is rendered by the trial court.
intervention (Sec. 3);
2. The motion and the pleading The motions for intervention were filed after judgment
shall be served upon the had already been rendered, indeed when the case was
original parties; already final and executory. Certainly, intervention can
no longer be allowed in a case already terminated by