Practice question
A proposed intervenor has a direct legal interest but can fully protect it in a separate pending action. Adding the proposed claims would substantially delay the original suit. Counsel argues that proving interest alone makes admission mandatory. Which is correct?
- The court must also assess undue delay, prejudice and adequate protection in a separate proceeding; interest alone does not compel admission.
- A direct interest makes every other consideration irrelevant.
- The separate proceeding must be dismissed automatically.
- Any delay caused by intervention is legally invisible.
- The applicant can grant leave to itself.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, current 2019 amendments, Rules18–22.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — retained provisions of Rules19–22, read with 2019 amendments.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69736 — Iloilo I Electric Cooperative v Bersamin, GR264260, July30 2024, en banc main decision.
- https://lawphil.net/judjuris/juri2025/apr2025/gr_251180_2025.html — Dee v Union Bank, GR251180, April7 2025, main decision.
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