\= S

to state, he stands to be prejudiced by the results of these

cases, in case the judgment is adverse.

e) By jurisprudence rinder Nephtne tt. Meralco, as already

cited, herein movant falls under the three (3) eiernents
required by the Supreme Court for the right to intervene be
granted.

0 First, movant has a legal interest to intelene in the

present case. A rnovant for intervention must have legai
interest either (i) in the matter in litigation, (ii) in the
success of either of the parties, or (iii) against both parties.
The movant may also intervene if he or she is (iv) so
situated as to be adversely affected by a distribution or
other disposition of property in the court's custody. Legal
interest is present when the intervenor will either gain or
lose as a direct effect of the judgment. The legal interest
must be actual and material, direct, and immediate.
ry

g) Second, movants intervention will not unduly delay or

prejudice the adjudication of the rights of the accused and
of the State. There is no showing under the circumstances
that the mot.ant's inten ention will delay the proceedings.

h) Third, movant timelr,'filed the motion for intervention at

the RTC.

PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully

prayed of this Honorable Court to RECoNSTDER its order dated
December zo, 2o2S for not being pursuant to existing and prevailing
jurisprudence, with utmost respect and submission, as follows:

1. To ALLOW the herein movant to INTERVENE in these

CASCS;

z. To ISSUE an ORDER for the immediate RELEASE of the

vehicle, most particularly Silver Mitsubishi Adventure
GIJ(2, with Engine No. 4D56AAS7br4, C.R. No.
z958z5ro6 and with Plate No. FAD2889 which is now in
the custody and possession of the E.B. Magalona PNP.

3. Other relief that isiust and equitable under the circumstances

are likewise prayed for.