[No. 22595.

No ember 1, 1924]

Tes a e Es a e of Joseph G. B . JUAN MICIANO, adminis ra or, pe i ioner and

appellee, s. ANDRE B IMO, opponen and appellan .

1. FOREIGN LAWS; PRESUMPTION. In he absence of e idence o he con rar foreign la s on a

par ic lar s bjec are pres med o be he same as hose of he Philippines. (Lim and Lim s. Collec or of
C s oms, 36 Phil., 472.)

2. POSTPONEMENT OF PROCEEDING; DISCRETION. I is discre ionar on he par of he co r o

pos pone or no o pos pone a par ic lar proceeding in a case, and hen he person appl ing for i has
alread been gi en ample oppor ni o presen he e idence ha he ishes o in rod ce, he co r
commi s no ab se of discre ion in den ing i .

3. SUCCESSIONS; CONDITIONAL LEGACY; CONDITION CONTRARY TO LAW; NULLITY OF. If he

condi ion imposed pon he lega ee is ha he respec he es a or's order ha his proper be dis rib ed
in accordance i h he la s of he Philippines and no in accordance i h he la s of his na ion, said
condi ion is illegal, beca se, according o ar icle 10 of he Ci il Code, said la s go ern his es amen ar
disposi ion, and, being illegal, shall be considered n ri en, h s making he ins i ion ncondi ional.

868 PHILIPPINE REPORTS ANNOTATED

Miciano s. Brimo

APPEAL from ario s orders of he Co r of Firs Ins ance of Manila. Dia and Har e , JJ.
The fac s are s a ed in he opinion of he co r .
Ross, La rence & Selph for appellan .
Cam s & Delgado for appellee.

ROMUALDEZ, J.:

The par i ion of he es a e lef b he deceased Joseph G. B is in q es ion in his case.

The j dicial adminis ra or of his es a e filed a scheme of par i ion. Andre B , one of he
bro hers of he deceased, opposed i . The co r , ho e er, appro ed i .
The errors hich he opposi or-appellan assigns are: (1) The appro al of said scheme of par i ion;
(2) he denial of his par icipa ion in he inheri ance; (3) he denial of he mo ion for reconsidera ion of
he order appro ing he par i ion; (4) he appro al of he p rchase made b Pie ro Lan a of he
deceased's b siness and he deed of ransfer of said b siness; and (5) he declara ion ha he T rkish
la s are imper inen o his ca se, and he fail re no o pos pone he appro al of he scheme of
par i ion and he deli er of he deceased's b siness o Pie ro Lan a n il he receip of he
deposi ions req es ed in reference o he T rkish la s.
The appellan 's opposi ion is based on he fac ha he par i ion in q es ion p s in o effec he
pro isions of Joseph G. B 's ill hich are no in accordance i h he la s of his T rkish
na ionali , for hich reason he are oid as being in iola ion of ar icle 10 of he Ci il Code hich,
among o her hings, pro ides he follo ing:
"Ne er heless, legal and es amen ar s ccessions, in respec o he order of s ccession as ell as
o he amo n of he s ccessional righ s and he in rinsic alidi of heir pro isions, shall be
reg la ed b he na ional la of he person hose s ccession is in q es ion, ha e er ma be he
na re of he proper or he co n r in hich i ma be si a ed."
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VOL. 50, NOVEMBER 1, 1924 869

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 Miciano s. Brimo

B he fac is ha he opposi or did no pro e ha said es amen ar disposi ions are no in

accordance i h he T rkish la s, inasm ch as he did no presen an e idence sho ing ha he
T rkish la s are on he ma er, and in he absence of e idence on s ch la s, he are pres med o be
he same as hose of he Philippines. (Lim and Lim s.Collec or of C s oms, 36 Phil., 472.)
I has no been pro ed in hese proceedings ha he T rkish la s are. He, himself, ackno ledges
i hen he desires o be gi en an oppor ni o presen e idence on his poin ; so m ch so ha he
assigns as an error of he co r in no ha ing deferred he appro al of he scheme of par i ion n il
he receip of cer ain es imon req es ed regarding he T rkish la s on he ma er.
The ref sal o gi e he opposi or ano her oppor ni o pro e s ch la s does no cons i e an
error, I is discre ionar i h he rial co r . and, aking in o considera ion ha he opposi or as
gran ed ample oppor ni o in rod ce compe en e idence, e find no ab se of discre ion on he
par of he co r in his par ic lar.
There is, herefore, no e idence in he record ha he na ional la of he es a or Joseph
G. B as iola ed in he es amen ar disposi ions in q es ion hich, no being con rar o o r
la s in force, m s be complied i h
Therefore, he appro al of he scheme of par i ion in respec as no erroneo s.
In regard o he firs assignmen of error hich deals i h he e cl sion of he herein appellan as
a lega ee, inasm ch as he is one of he persons designa ed as s ch in he ill, i m s be aken in o
considera ion ha s ch e cl sion is based on he las par of he second cla se of he ill, hich sa s:
"Second. I like ise desire o s a e ha al ho gh, b la , I am a T rkish ci i en, his ci i enship

ha ing been conferred pon me b conq es and no b free choice, nor

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870 PHILIPPINE REPORTS ANNOTATED

Miciano s. Brimo

b na ionali and, on he o her hand, ha ing resided for a considerable leng h of ime in. he
Philippine Islands here I s cceeded in acq iring all of he proper ha I no possess, i is m ish
ha he dis rib ion of m proper and e er hing in connec ion i h his, m ill, be made and
disposed of in accordance i h he la s in force in he Philippine Islands, req es ing all of m
rela i es o respec his ish, o her ise, I ann l and cancel beforehand ha e er disposi ion fo nd in
his ill fa orable o he person or persons ho fail o compl i h his req es ."
The ins i ion of lega ees in his ill is condi ional, and he condi ion is ha he ins i ed
lega ees m s respec he es a or's ill o dis rib e his proper , no in accordance i h he la s of
his na ionali , b in accordance i h he la s of he Philippines.
If his condi ion as i is e pressed ere legal and alid, an lega ee ho fails o compl i h i , as
he herein opposi or ho, b his a i de in hese proceedings has no respec ed he ill of he
es a or, as e pressed, is pre en ed from recei ing his legac .
The fac is, ho e er, ha he said condi ion is oid, being con rar o la , for ar icle 792 of he
Ci il Code pro ides he follo ing:
"Impossible condi ions and hose con rar o la or good morals shall be considered as no imposed
and shall no prej dice he heir or lega ee in an manner ha soe er, e en sho ld he es a or
o her ise pro ide."
And said condi ion is con rar o la beca se i e pressl ignores he es a or's na ional la hen,
according o ar icle 10 of he Ci il Code abo e q o ed, s ch na ional la of he es a or is he one o
go ern his es amen ar disposi ions.
Said condi ion hen, in he ligh of he legal pro isions abo e ci ed, is considered n ri en, and
he ins i ion of lega ees in said ill is ncondi ional and conseq en l alid and effec i e e en as o
he herein opposi or.
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Gome s. Nor h Negros S gar Co.

I res l s from all his ha he second cla se of he ill regarding he la hich shall go ern i , and
o he condi ion imposed pon he lega ees, is n ll and oid, being con rar o la .
All of he remaining cla ses of said ill i h all heir disposi ions and req es s are perfec l alid
and effec i e i no appearing ha said cla ses are con rar o he es a or's na ional la s.
Therefore, he orders appealed from are modified and i is direc ed ha he dis rib ion of his
es a e be made in s ch a manner as o incl de he herein appellan Andre B as one of he
lega ees, and he scheme of par i ion s bmi ed b he j dicial adminis ra or is appro ed in all o her
respec s, i ho an prono ncemen as o cos s. So ordered.

S ree , Malcolm, A ance a, Villamor, and Os rand, JJ., conc r.

Johnson, J., dissen s.

Orders modified.