Motion for Intervention

MOTION FOR INTERVENTION

COMES NOW the Intervenor, by the undersigned counsel, and unto this Honorable Court, most respectfully requests for leave to intervene in the above-captioned case, for the following reasons:

That the Intervenor is a purchaser of some of the subdivided portions of Lot No. _______, the subject matter of the above-captioned case;

That the Intervenor has a legal interest in the matter in litigation, or in the success of the complainant, or is so situated as to be adversely affected by a distribution or other disposition of the parcel of land, subject matter of the above-captioned case;

That this intervention will not, in the least, unduly delay or prejudice the adjudication of the rights of the original parties in the case;

That the Intervenor’s rights can be fully protected in this proceeding rather than by filing a separate proceeding.

PRAYER

WHEREFORE, it is most respectfully prayed that the said _____________ be allowed to intervene in this action by filing a Complaint in Intervention, a copy of which is attached to this motion.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

(Attach a Complaint / Answer in Intervention, as the case may be)

The law on intervention in this jurisdiction is found in section 121 of the Code of Civil Procedure, which is a verbatim copy of section 387 of the Code of Civil Procedure of the State of California. It provides:

A person may, at any period of a trial upon motion, be permitted by the court to intervene in an action or proceeding, if he has legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both. Such intervening party may be permitted to join the plaintiff in claiming what is sought by the claimant, or to unite with the defendant in resisting the claims of the plaintiff, or to demand anything adverse to both the plaintiff and defendant. Such intervention, if permitted by the court, shall be made by complaint in regular form, filed in the court, and may be answered or demurred to as if it were an original complaint. Notice of motion for such intervention shall be given to all parties to the action, and notice may be given by publication, in accordance with the provisions of this Code relating to publication, in cases where other notice is impracticable.