24 1959 CIVIL CODE OF THE PHILIPPINES 287 b Suppose the division or partition

24 1959 civil code of the philippines 287 b suppose

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24, 1959).
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CIVIL CODE OF THE PHILIPPINES 287 (b) Suppose the division or partition is made orally, will partition or division be valid as among the co-heirs and co-legatees? ANS .: Yes. The purpose of the requirement that it be in a public document and registered is to prejudice creditors and third parties. (Hernandez v. Andal, et al., L-273, Mar. 29, 1947). If as between strangers, even the transmission of ownership through sales can be effected by oral contract or parol agreement (provided of course there has been full or partial execution), notwithstand- ing the requirement that it be put in writing; there is no reason why a simple partition or division among co-heirs, an act where there is no change of ownership but simply a designation and segregation of that part of the estate which belongs to each heir, cannot be allowed. It is bind- ing among the heirs, but will not prejudice third persons. (Hernandez v. Andal, supra). (c) In the event that the heirs or legatees or devisees should disagree as to the division of the estate, does a special proceeding for the settlement of the estate have to be brought? ANS . : No. A simple action for partition would be suf fi cient provided, of course, that the requirements set forth for what should have been an extrajudicial settle- ment (See Sec. 1, Rule 74, Rules of Court) are all present. (Hernandez v. Andal, supra). (9) Summary Settlement of Estates of Small Value Whenever the gross value of the estate of a deceased per- son, whether he died testate or intestate, does not exceed ten thousand pesos, and that fact is made to appear to the Court of First Instance (now Regional Trial Court) having jurisdiction of the estate by the petition of an interested person and upon hearing, which shall be held not less than one (1) month nor more than three (3) months from the date of the last publica- tion of a notice which shall be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province, and after such other notice to interested persons as the Court may direct, the Court may proceed summarily Art. 881
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CIVIL CODE OF THE PHILIPPINES 288 Art. 881 without the appointment of an executor or administrator, and without delay, to grant, if proper, allowance of the will, if any there be, to determine who are the persons legally entitled to participate in the estate, and to apportion and divide it among them after the payment of such debts of the estate as the court shall then fi nd to be due; and such persons, in their own right, if they are of lawful age and legal capacity, or by their guardians or trustees legally appointed and quali fi ed, if otherwise, shall thereupon be entitled to receive and enter into the possession of the portions of the estate so awarded to them respectively. The court shall make such order as may be just respecting the costs of the proceedings and all orders and judgments made or rendered in the course thereof shall be recorded in the of fi ce of the clerk, and the order of partition or award, if it involves
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