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

FACTS

Joseph Brimo, an alien testator (Turk), made his will in the Philippines. Stated in the will that his property should be distributed in accordance with Philippine law, and not that of his nation. The judicial administrator of the estate of the deceased filed a scheme of partition. However, one of the brothers of the deceased opposed the said partition and contends that the deceased was a Turkish citizen, which his disposition should be in accordance with the laws of his nationality.

ISSUE:

Whether or not the disposition shall be made in accordance with Philippine Laws.

RULING:

No, the Turkish law should govern the disposition of his property pursuant to Article 16. According to Article 16 of the Civil Code, such national law of the testator is the one to govern his testamentary dispositions. The provision in the will is not valid. 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. Said condition then is considered unwritten, hence the institution of legatees is unconditional and consequently valid and effective. 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.