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.