- Petitioner
- Marbella
- Respondent
- Kilayko
- Citation
- G.R. No. L-11141
- Court
- Supreme Court
- Division
- En Banc
- Ponente
- Felix, J.
- Decided
- June 27, 1958
Summary
This landmark succession case involved Fidela Morin Vda. de Marbella's challenge to an intestate proceeding where distant relatives (5th degree) had divided the estate of Matias Morin. Fidela claimed to be the deceased's half-sister through their common father, making her a closer heir under intestate succession law. The Supreme Court ruled that judicial partition in probate proceedings does not bind heirs who were not parties, particularly when a nearer relative exists. The Court applied the fundamental principle that existence of nearer relation excludes farther ones in intestate succession. The decision established important precedent regarding reviewability of estate distributions and protection of preterited heirs' rights, while balancing this against good faith possession rights of those who received property under court-approved partitions.