Miciano vs Brimo

TITLE: Juan Miciano v Andre Brimo

CITATION: GR No.22595, November 1, 1927| 50 Phil 867

FACTS:

Juan Miciano, judicial administrator of the estate in question, filed a scheme of
partition. Andre Brimo, one of the brothers of the deceased (Joseph Brimo) opposed
Miciano’s participation in the inheritance. Joseph Brimo is a Turkish citizen.

ISSUE: Whether Turkish law or Philippine law will be the basis on the distribution of Joseph
Brimo’s estates.

HELD:

Though the last part of the second clause of the will expressly said that “it be made and
disposed of in accordance with the laws in force in the Philippine Island”, this condition,
described as impossible conditions, shall be considered as not imposed and shall not
prejudice the heir or legatee in any manner whatsoever, even should the testator otherwise
provide. Impossible conditions are further defined as those contrary to law or good
morals. Thus, national law of the testator shall govern in his testamentary dispositions.

The court approved the scheme of partition submitted by the judicial administrator, in such
manner as to include Andre Brimo, as one of the legatees.