[G.R. No. 38544. November 18, 1933. ]
PAZ DE SANTOS, CONSUELO DE SANTOS and JOSE MARIANO DE SANTOS, Petitioners-Appellants, v. BANK OF THE PHILIPPINE ISLANDS, Oppositor-Appellee.
Vicente J. Francisco, for Appellants.
Feria & La O, for Appellee.
1. "RES JUDICATA" ; REQUISITES FOR ITS EXISTENCE. — This court has constantly held that in order that res judicata may exist, it is necessary that there be identity of parties, of grounds or causes of action and of things or subject matter under litigation (Aquino v. Director of Lands, 39 Phil., 850; Isaac v. Padilla, 31 Phil., 469; Donato v. Mendoza, 25 Phil., 57; Roman Catholic Archbishop of Manila v. Director of Lands, 35 Phil., 339).
2. DESCENT AND DISTRIBUTION; CONTEST OF PARTITION IN CASE OF FRAUD OR PREJUDICE TO CREDITORS. — Inasmuch as article 403 of the Civil Code authorizes creditors to contest a partition already made in case of fraud, or when it has been made to the prejudice of existing rights and interests, and inasmuch as the oppositor-appellee herein, Bank of the Philippine Islands, was not notified of the partition made among the herein petitioner-appellants and their co