24, 1959).
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
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
