Intervention is a remedy by which a person who is not originally a party to a case, but who has a legal interest in it, is permitted by the court to join and take part in the proceedings to protect that interest. To intervene, the person must have a legal interest in the matter in litigation, in the success of either party, or against both, or be so situated as to be adversely affected by a distribution or disposition of property in the custody of the court. The court, in allowing or disallowing intervention, considers whether it will unduly delay or prejudice the rights of the original parties and whether the intervenor's rights can be fully protected in a separate proceeding. Critically, a motion for leave to intervene must generally be filed before the rendition of judgment by the trial court; intervention is not allowed after the case has been decided, because it would disturb a settled controversy. The intervenor files a pleading-in-intervention (a complaint-in-intervention or answer-in-intervention) once leave is granted.
What if a case is going on that affects your rights, but you are not a party to it? You may be able to join in through intervention.
What Intervention Is
Intervention is a remedy by which a person not originally a party to a case, but who has a legal interest in it, is permitted by the court to join and take part in the proceedings to protect that interest.
Who May Intervene
A person may intervene if they have:
- A legal interest in the matter in litigation;
- A legal interest in the success of either party, or against both; or
- Such a situation as to be adversely affected by a distribution or disposition of property in the custody of the court.
The interest must be direct and immediate, not merely indirect or contingent.
The Court's Discretion
Intervention requires leave of court. In allowing or disallowing it, the court considers:
- Whether the intervention will unduly delay or prejudice the rights of the original parties; and
- Whether the intervenor's rights may be fully protected in a separate proceeding.
So intervention is not a matter of right in every case — it is subject to the court's sound discretion.
The Deadline: Before Judgment
A critical rule: a motion for leave to intervene must generally be filed before the rendition of judgment by the trial court. Intervention is not allowed after the case has been decided, because it would disturb a settled controversy and unfairly reopen a concluded case. So a would-be intervenor must act while the case is still pending.
How It Is Done
Once leave is granted, the intervenor files a pleading-in-intervention:
- A complaint-in-intervention (if asserting a claim); or
- An answer-in-intervention (if resisting a claim),
and thereafter participates as a party.
Practical Takeaways
- Intervention lets a non-party with a legal interest join a pending case to protect that interest;
- It requires leave of court, which weighs delay/prejudice and whether a separate suit would suffice;
- You must move to intervene before judgment — intervention after a decision is not allowed.
Frequently Asked Questions
What is intervention in a civil case? A remedy by which a person not originally a party, but who has a legal interest in the case, is permitted by the court to join and take part in the proceedings to protect that interest.
Who can intervene in a case? A person with a legal interest in the matter in litigation, in the success of either party, or against both, or who would be adversely affected by a distribution or disposition of property in the custody of the court. The interest must be direct and immediate.
Is intervention a matter of right? No. It requires leave of court, which considers whether the intervention will unduly delay or prejudice the original parties and whether the intervenor's rights can be fully protected in a separate proceeding.
When must I file to intervene? Generally before the rendition of judgment by the trial court. Intervention is not allowed after the case has been decided, because it would disturb a settled controversy and reopen a concluded case.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.