8/12/2019 Heirs of Medrano vs de Vera

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8/12/2019 Heirs of Medrano vs de Vera

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ISSUE:

Whether De Vera is an indispensable party who was not given an opportunity to present his evidence in the case.

HELD:Yes. We sustain the CA’s ruling that the trial court gravely abused its discretion in refusing to allow De Vera to

participate in the case and requiring him to file a motion to intervene.

What the trial court should have done is to treat De Vera (as transferee pendente lite ) as having been joined as a

party- defendant, and to try the case on the basis of the answer De Vera had filed and with De Vera’s

participation. As transferee pendente lite , De Vera may be allowed to join the original defendants under Rule 3,

Section 19:

SEC . 19. Transfer of interest. – In case of any transfer of interest , the action may becontinued by or against the original party, unless the court upon motion directs the person towhom the interest is transferred to be substituted in the action or joined with the original party .

The above provision gives the trial court discretion to allow or disallow the substitution or joinder by the

transferee. Discretion is permitted because, in general, the transferee’s interest is deemed by law as adequately

represented and protected by the participation of his transferors in the case. There may be no need for the

transferee pendente lite to be substituted or joined in the case because, in legal contemplation, he is not really denied

protection as his interest is one and the same as his transferors, who are already parties to the case.

We are not persuaded by petitioners’ insistence that De Vera could not have participated in the case because he did

not file a motion to intervene. The purpose of intervention is to enable a stranger to an action to become a party in

order for him to protect his interest and for the court to settle all conflicting claims. Intervention is allowed to avoid

multiplicity of suits more than on due process considerations. The intervenor can choose not to participate in the

case and he will not be bound by the judgment.

In this case, De Vera is not a stranger to the action but a transferee pendente lite . As mentioned, a

transferee pendente lite is deemed joined in the pending action from the moment when the transfer of interest is

perfected. His participation in the case should have been allowed by due process considerations.