G.R. No. L-11141; June 27, 1958
FIDELA MORIN VDA. DE MARBELLA, plaintiff-appellee, vs. VICTORIANO KILAYKO, ET AL., defendants-appellants.

FACTS

Matias Morin died intestate on October 7, 1950. Concepcion Kilayko and 17 other Kilayko relatives, claiming to be his only heirs as 5th-degree relatives, filed a petition for judicial administration of his estate (Sp. Proc. No. 1776). Concepcion Kilayko was appointed administratrix, and an inventory of properties valued at P86,106.14 was submitted. Later, the Kilaykos, along with Justa Antigua (a foster relative) and Paterna Guianzon (who rendered services), submitted a project of partition, which the court approved on June 7, 1952. The proceedings were terminated on November 14, 1953.
On October 1, 1954, Fidela Morin Vda. de Marbella filed a civil action (Civil Case No. 3158) against the Kilaykos, Antigua, and Guianzon. She claimed to be the half-sister of Matias Morin (child of Valentin Morin with his first wife), a closer heir than the Kilaykos. She alleged fraud and collusion, non-inclusion of certain properties in the inventory, and that she was never notified of the death or the intestate proceedings. She sought to nullify the judgment declaring the defendants as heirs, to be declared the rightful heir, reconveyance of properties, accounting of fruits/income or damages, attorney’s fees, costs, and receivership.
Justa Antigua admitted plaintiff’s relationship but denied fraud, expressing willingness to return her share if plaintiff was declared heir. The other defendants moved to dismiss on grounds of res judicata, arguing the June 7, 1952 order had become final. The trial court initially dismissed the complaint but, upon plaintiff’s motion for reconsideration, reversed itself and required defendants to answer. After trial, the lower court ruled in favor of plaintiff, declaring her the rightful heir and ordering defendants (except Antigua) to reconvey properties and deliver fruits. Defendants (except Antigua) appealed.

ISSUE

Whether the order of adjudication dated June 7, 1952, issued by the probate court, which has become final, constitutes res judicata and bars a subsequent action for recovery brought by a preterited heir.

RULING

No. The order of adjudication does not constitute res judicata against a preterited heir who was not notified of the proceedings. The Supreme Court affirmed the trial court’s finding that plaintiff Fidela Morin Vda. de Marbella established herself as the half-sister of the deceased, making her a nearer heir (in the 2nd degree) than the Kilaykos (5th-degree relatives), thus excluding them under Article 962 of the Civil Code.
The Court held that a judicial partition in probate proceedings is not final and conclusive against a co-heir deprived of their lawful share. Such a co-heir may still bring an action for reivindication within the prescriptive period. The summary settlement, where the Kilaykos represented themselves as the only heirs without notifying the plaintiff, did not bar her claim. However, the Court modified the lower court’s decision regarding the recovery of fruits. It ruled that defendants, having no clear indication of bad faith, were possessors in good faith until notified by plaintiff’s action. Therefore, fruits accruing before that date were not recoverable. The Court also ordered plaintiff to reimburse defendants for any inheritance taxes they may have paid. The decision was affirmed with these modifications.