[G.R. No. 48541. January 30, 1943. ]
VALERIANA QUION, ETC., Plaintiffs-Appellees, v. VICENTE CLARIDAD ET AL., Defendants. VICENTE CLARIDAD, GODOFREDO FAMY and EULALIA CLARIDAD, Appellants.
C. T. Viniegra and C. T. Mojica for Appellants.
Pascual Fojas for Appellees.
Arca, Santillan & Fojas for appellee Mintu.
1. DESCENT AND DISTRIBUTION; FRAUDULENT CONCEALMENT OF DECEDENT’S HEIRS BY HIS SECOND MARRIAGE; RIGHT OF SAID HEIRS TO RECOVER ONE-HALF OF DECEDENT’S ESTATE. — In the intestate proceedings of a deceased, prosecuted by appellants, the latter knowingly concealed the fact that said deceased left a second wife with whom he had two children, namely, herein appellees. Held: That the trial court, in a subsequent action brought by appellees to recover their legal participations in the deceased’s estate, correctly declared said appellees coowners of the estate in question to the extent of one-half thereof, with right to its possession.
2. ID.; ID.; ID.; ACTION FOR RELIEF ON THE GROUND OF FRAUD DISTINGUISHED FROM REOPENING OF INTESTATE PROCEEDINGS. — There is no merit in appellants’ claim that the intestate proceedings could no longer be reopened after the expiration of the two-year period fixed in sections 597 and 598 of the Code of Civil Procedure. It suffices to state that this is an action by the heirs of the deceased by his second marriage whose dominion over their share in the inheritance was automatically and by operation of law vested in them upon the death of said deceased, subject only to the lien of the latter’s creditors, for the purpose of obtaining relief on the ground of fraud, which action may be brought within four years after the discovery of the fraud, in accordance with section 43 of the Code of Civil Procedure.