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Motion for Intervention
Rule 19, Section 1 of the

Rules of Court
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.
In Alfelor v. Halasan,[63] the Court held that:
Under this Rule, intervention shall be allowed
when a person has (1) a legal interest in the matter
in litigation; (2) or in the success of any of the
parties; (3) or an interest against the parties; (4) or
when he is so situated as to be adversely affected
by a distribution or disposition of property in the
custody of the court or an officer thereof.
Purpose :
Jurisprudence describes intervention as “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.” “The
right to intervene is not an absolute right; it may only
be permitted by the court when the movant
establishes facts which satisfy the requirements of the
law authorizing it.”
Rule 19, Section 2 of the
Rules of Court
Sec. 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.
Time to Intervene
SEC 2, Rule 19
At any time before rendition of
judgment by trial court
How to Intervene
File a motion for leave of court to file intervention
Attach the complaint or answer in intervention
Parts of the motion
1. Heading
2. Case Title
3. Title of the Motion
4. Body
5. Reliefs prayed for
6. Information of Counsel and his signature
7. Explanation
8. Request for Hearing
9. Affidavit of Service
Effects of Granting the Motion
The movant shall be impleaded in the action
Remedy of Denial
Appeal
Cetiorari and Mandamus
Rule 19, Section 3 of the Rules of Court
Complaint-in-Intervention
if he asserts a claim against either or all of the original parties
Answer-in-Intervention
if he unites with the defending party in resisting a claim against
the latter.
Rule 35 Of the Rules of Court
Summary judgment:
Proper if no genuine issue as to any material fact (except as to
damages recoverable) and if moving party is entitled to a
judgment as a matter of law;
Based not only on pleadings but also on affidavits, deposition,

and admissions of the parties showing that, except as to the
amount of damages, there is no genuine issue.
WHO FILES
à Motions for summary judgment may be filed by the
claimant or by the defending party. The defending party
may file such motion, pursuant to Rule 35, SEC 2“at any
time”, as distinguished from SEC 1 where the claimant may
file the motion at any time after the answer is filed.
When to File
Plaintiff – He must wait for the ANSWER to be filed
and served before he can move for summary
judgment. (Sec. 1, Rule 35)
Defendant – He can move for summary judgment at

any time after filing and service of complaint, even
before he answers (Sec. 2, Rule 35)
Motion shall be served at least 10 days before
the time specified for the hearing.
May be asked for by a party seeking to recover

upon a claim, counterclaim, cross-claim or to
obtain a declaratory relief.
Parts of the Motion
1. Heading
2. Case Title
3. Title of the Motion
4. Body
5. Reliefs prayed for
6. Information of Counsel and his signature
7. Explanation
8. Request for Hearing
9. Affidavit of Service
Judgment on the pleadings and
summary judgment distinguished:
Judgment on the Pleadings Summary judgment
Proper when there is no genuine Proper even if there is an issue as to
issue between the parties the damages recoverable
Based exclusively on the Based not only on pleadings but
pleadings without introduction of also on affidavits, depositions and
evidence admissions of the parties
Proper only in actions to recover a
Available in any action, except the debt, or for a liquidated sum of
3 exceptions money, or for declaratory relief
Rule 38 Relief From Judgments,
Orders, or Other Proceedings
Equitable Remedy from final judgments or orders where no other is
available
Not entertained if the proper remedy is Appeal or Certiorari
Section 1, Rule 38
◦ When a judgment or final order is entered or any other proceeding
is thereafter taken against a party in any court through FRAUD,
ACCIDENT, MISTAKE OR EXCUSABLE NEGLIGENCE, he may file a
petition in such court and in the same case praying that the
judgment, order, or proceeding be set aside.
Section 2, Rule 38
When judgment or final order is rendered by any

court in a case, a party thereto by FRAUD, ACCIDENT,
MISTAKE, OR EXCUSABLE NEGLIGENCE, has been
prevented from taking an appeal, he may file a
petition in such court and in same case praying that
appeal be given due course
Requisites Needed
1. A judgment or final order is entered, or any other proceeding is
taken after the judgment has been rendered in relation to an
original case;
2. The judgment or final order or the proceeding was made against a
party to the case, in any court;
3. The said judgment, order, or proceeding was procured to FRAUD,
ACCIDENT, MISTAKE OR EXCUSABLE NEGLIGENCE.
4. There was no appeal or other adequate remedy available, neither a
motion for new trial or appeal was availed.
Time to file
1. Within 60 days from the time the party acquired
knowledge of the order, judgment or proceeding
2. not more than 6 months from the entry of such
judgment, order, or proceeding.
Effects
 If the court grant the petition the judgment, order or
proceeding shall be set aside
Appeal be given due course if was prevented by the Grounds
provided
If petition was denied

Not appealable ; except in cases provided for in Rule 65.

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Motion for Intervention

Rule 19, Section 1 of the

Based not only on pleadings but also on affidavits, deposition,

Defendant – He can move for summary judgment at

May be asked for by a party seeking to recover

When judgment or final order is rendered by any

If petition was denied

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