This case has been cited 1 times or more.
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2006-10-27 |
CALLEJO, SR., J. |
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| THE COURT OF APPEALS COMMITTED SERIOUS REVERSIBLE ERROR IN DISMISSING THE COMPLAINT IN INTERVENTION ON THE BASIS OF THE RULING IN BARANGAY MATICTIC VS. ELBINIAS (148 SCRA 83).[31] Citing Metropolitan Bank and Trust Company v. The Presiding Judge, RTC, Manila Branch 39,[32] petitioner maintains that the dismissal of the original complaint filed by respondents cannot, in any way, result in the denial of its complaint-in-intervention. It posits that its consent as intervenor is necessary for the dismissal of the main action, and that the original parties cannot "isolate" it and agree, among themselves, to dismiss the complaint. Petitioner asserts that, even if the original complaint was properly dismissed, its complaint-in-intervention survives the original complaint and may proceed as long as the existence of an actual controversy had been established by the pleadings. It insists that the intervention has to be heard regardless of the disposition of the principal action. | |||||