Monday, February 15, 2010

COMELEC Rules of Procedure - Rule 8

Part III

Rule 8
Intervention



Section 1. When Proper and Who may be Permitted to Intervene. - Any person allowed to initiate an action or proceeding may, before or during the trial of an action or proceeding, be permitted by the Commission, in its discretion, to intervene in such 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, or when he is so situated as to be adversely affected by such action or proceeding.

Sec. 2. Motion for Intervention. - A person desiring to intervene shall file a motion for leave of the Commission or the Division with notice upon all the parties to the action.

Sec. 3. Discretion of Commission. - In allowing or disallowing a motion for intervention, the Commission or the Division, in the exercise of its discretion, 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 action or proceeding.

Sec. 4. Protest/Petition or Answer in Intervention. - The intervention shall be made by protest or petition filed and served in due form, and may be answered as if it were an original protest or petition; but where intervenor unites with the protestee or respondent in resisting the claims of protestant or petitioner, the intervention may be made in the form of an answer to the protest or petition.

No comments:

Post a Comment

Search This Blog