I

Nature and Definition of Intervention

Intervention is a remedy by which a third party, not originally impleaded in a proceeding, becomes a litigant therein to enable him or her to protect or preserve a right or interest which may be affected by such proceedings. It is an interlocutory proceeding and is merely collateral or ancillary to the principal action, not an independent proceeding. The intervention is dependent upon the original parties' case.

Requisites for Intervention

To be allowed to intervene, certain requisites must be met:

1. Legal Interest: The intervenor must have a legal interest in the matter in litigation, in the success of either of the parties, or an interest against both. This interest must be direct and immediate, not merely contingent or expectant. A corporate stockholder's interest in corporate property may be considered indirect, remote, conjectural, consequential, or collateral.
2. Subject Matter: The interest must be in the matter in litigation.
3. Effect on Judgment: The intervenor's right or interest must be 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.
4. Undue Delay/Prejudice: Allowing intervention must not unduly delay or prejudice the adjudication of the original parties' rights, and the intervenor's rights must be fully protected in a separate proceeding.

The allowance or disallowance of a motion to intervene is addressed to the sound discretion of the court.

Time to Intervene

A motion to intervene may be filed at any time before rendition of judgment by the trial court. This means anytime before the rendition of final judgment. Intervention is legally possible only before rendition of judgment by the trial court.

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. A complaint-in-intervention asserts the intervenor's cause of action against any or all of the original parties. An answer-in-intervention unites with the defending party and sets forth the intervenor's negative and affirmative defenses in resisting the claim against the defending party.

Answer to Pleading-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. When the intervenor unites with the defending party in resisting the claim of the plaintiff, the latter may file a reply thereto, or an answer to the counterclaim raised therein, within ten (10) calendar days from notice of such order. The answer to the complaint-in-intervention is filed within fifteen (15) calendar days from notice of the order admitting it, unless the court provides otherwise.

Denial of Intervention

Intervention should be denied in certain instances:

• When judgment has been rendered or worse, when judgment is already final and executory.
• When trial has been concluded and judgment has already been promulgated.
• When the trial or the placid operation of the machinery of the trial is unduly prejudiced.
• When it will unduly prejudice the adjudication of the rights of the principal parties.
• When the intervenor's rights may be fully protected in a separate proceeding.