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 wit...