MICIANO vs. BRIMO | G.R. No. L-22595 | November 1, 1927

MICIANO vs. BRIMO
G.R. No. L-22595, November 1, 1927 
Facts

Joseph G. Brimo, a citizen of Turkey, died and left a partition of the estate. Juan Miciano, the judicial administrator of the estate left filed a scheme of partition. However, Andre Brimo, one of the brothers of the deceased, opposed it. Brimo‘s opposition is based on the fact that the partition in question puts into effect the provisions of Joseph Brimo‘s will which are not in accordance with the laws of his Turkish nationality, for which reason they are void as being in violation of Article 10 of the Civil Code. 
Issue

Whether or not the national law of the testator is the one to govern his testamentary disposition. 

Ruling

Joseph Brimo, a Turkish citizen, though he declared in his will that Philippine laws must govern the disposition of his estate; however, it must not prejudice the heir or legatee of the testator. Therefore, the testator‘s national law must govern in accordance with Article 10 of the Civil Code.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. 

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