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Juan Miciano vs.

Andre Brimo
G.R. No. 22595; November 1, 1927

FACTS:
Andre Brimo, one of the brothers of deceased Turkish citizen Joseph
Brimo, opposed the scheme of partition filed by judicial administrator Juan
Miciano on the ground that the provisions of Joseph Brimo’s will are not in
accordance with Turkish laws, thus being void for violating Article 10 of the Civil
Code which provides:
“Nevertheless, legal and testamentary successions…shall be regulated by the
national law of the person whose succession is in question, whatever may be the
nature of the property of the country in which it may be situated.”

A provision contained in the second clause of will says that his estates
shall be “made and disposed of in accordance with the laws in force in the
Philippine Islands.” Contained therewith is the condition that instituted legatees
must respect aforesaid wish with regard to the distribution of the testator’s
properties, otherwise, an heir who opposes such will would be divested of his
share.

ISSUE:
1. Whether or not the scheme of partition was erroneous for not being in
accordance with the Turkish laws.
2. Whether or not Andre Brimo should be excluded as one of the legatees for
opposing the will.

HELD:
1. No. Andre Brimo was not able to present any evidence showing what
the Turkish laws are on the matter. Thus, they are presumed to be the
same as the Philippine laws.
2. No. Joseph Brimo’s condition in the will is void, being contrary to law.
Article 792 of the Civil Code provides that:
“Impossible conditions and those contrary to law or good morals shall be
considered as not imposed and shall not prejudice the heir or legatee in
any manner whatsoever, even should the testator otherwise provide.”
The condition is contrary to law because it expressly ignores the
Turkish law when according to Article 10 of the Civil Code, the national
law of the testator is the one to govern his testamentary dispositions.
Therefore, the condition imposed is null and void, making appellant Andre Brimo
on of the legatees and the scheme of partition by Miciano is approved.