EN BANC
[G.R. No. L-11141. June 27, 1958. ]
FIDELA MORIN VDA. DE MARBELLA, Plaintiff-Appellee, v. VICTORIANO KILAYKO, ET AL., Defendants-Appellants.
Julian T. Hernaez, Jose Y. Montalvo, Jose Ma. Kilayko, and Hilado & Hilado for Appellants.
Pedro M. Marbella, Canuto V. Pefianco, Jr., Ven C. Laurel, Wenceslao R. Lagumbay, and Palanca & Torres for Appellee.
SYLLABUS
1. SUCCESSION; INTESTATE SUCCESSION; NEAR RELATION EXCLUDES THE FARTHER; EXCEPTION. — It is a cardinal principle in intestate succession that the existence of a nearer relation excludes the farther, saving the right of representation when it properly takes place (Art. 962, Civil Code).
2. PARTITION; JUDICIAL PARTITION IN PROBATE PROCEEDINGS; WHEN SUBJECT TO REVIEW AND READJUSTMENT. — A partition which includes a person believed to be an heir, but who is not, shall be void with respect to such person. In the case at bar, as the order of the lower Court adjudicated the properties in question to appellants who are not entitled to the inheritance in view of the existence of plaintiff’s superior right, the aforesaid order is reviewable and subject to readjustment within 2 years after the settlement and distribution of the estate and thus cannot have the effect of barring a subsequent action by the rightful heir for the recovery of the properties belonging to the intestate.
3. ID.; ID.; ID.; PARTITIONERS IN GOOD FAITH ENTITLED TO FRUITS. — As there was no clear-cut indication of appellant’s bad faith in taking over and dividing the estate among themselves, they could be considered as possessors in good faith up to the time they were notified of plaintiff’s right by the institution of the action for recovery of the properties. The fruits accruing to the properties constituting the estate previous to that date is not, therefore, recoverable.
2. PARTITION; JUDICIAL PARTITION IN PROBATE PROCEEDINGS; WHEN SUBJECT TO REVIEW AND READJUSTMENT. — A partition which includes a person believed to be an heir, but who is not, shall be void with respect to such person. In the case at bar, as the order of the lower Court adjudicated the properties in question to appellants who are not entitled to the inheritance in view of the existence of plaintiff’s superior right, the aforesaid order is reviewable and subject to readjustment within 2 years after the settlement and distribution of the estate and thus cannot have the effect of barring a subsequent action by the rightful heir for the recovery of the properties belonging to the intestate.
3. ID.; ID.; ID.; PARTITIONERS IN GOOD FAITH ENTITLED TO FRUITS. — As there was no clear-cut indication of appellant’s bad faith in taking over and dividing the estate among themselves, they could be considered as possessors in good faith up to the time they were notified of plaintiff’s right by the institution of the action for recovery of the properties. The fruits accruing to the properties constituting the estate previous to that date is not, therefore, recoverable.
D E C I S I O N
FELIX, J.:
Matias Morin, a resident of Talisay, Negros Occidental, died intestate on October 7, 1950, leaving a considerable amount of properties. As he had neither ascendants nor descendants, Concepcion Kilayko and 17 others, namely, Victoriano, Francisco, Lilia, Gilda, Milagros, Jes
