Miciano v. Brimo

G.R. No.
L-22595 November 1, 1927 If this condition as it is expressed were legal and

valid, any legatee who fails to comply with it, as the
Testate Estate of Joseph G. Brimo, JUAN MICIANO, herein oppositor who, by his attitude in these
proceedings has not respected the will of the testator, as
administrator, petitioner-appellee,
expressed, is prevented from receiving his legacy.
vs.
ANDRE BRIMO, opponent-appellant. The fact is, however, that the said condition is
void, being contrary to law, pursuant to Article 792 of the
Facts: Civil Code, which provides:
Impossible conditions and those contrary to law or

The judicial administrator of the estate of good morals shall be considered as not imposed and
deceased Joseph Brimo filed a scheme of partition. shall not prejudice the heir or legatee in any manner
Andre Brimo, one of the brothers of the deceased, whatsoever, even should the testator otherwise
opposed it. The court, however, approved it. provide.
Furthermore, it is contrary to law since it

Andre Brimo opposed the denial of his expressly ignores the testator's national law when,
participation in the inheritance. He was excluded as a according to Article 10 of the Civil Code, such national
legatee based on the last part of the second clause of law of the testator is the one to govern his testamentary
the will, which says: dispositions.
Second. I like desire to state that although by law, I

What is the effect of the nullification of such
condition?
am a Turkish citizen, this citizenship having been
conferred upon me by conquest and not by free
Said condition is considered unwritten, and the
choice, nor by nationality and, on the other hand,
institution of legatees in said will is unconditional
having resided for a considerable length of time in the
and consequently valid and effective even as to Andre.
Philippine Islands where I succeeded in acquiring all
of the property that I now possess, it is my wish that It results from all this that the second clause of
the distribution of my property and everything in the will regarding the law which shall govern it, and
connection with this, my will, be made and to the condition imposed upon the legatees, is null
disposed of in accordance with the laws in force and void, being contrary to law.
in the Philippine islands, requesting all of my
relatives to respect this wish, otherwise, I annul All of the remaining clauses of said will with all
and cancel beforehand whatever disposition their dispositions and requests are perfectly valid and
found in this will favorable to the person or effective it not appearing that said clauses are contrary
persons who fail to comply with this request. to the testator's national law.
Andre’s opposition is also based on the fact that Issue (2): Whether or not the testamentary dispositions
the partition in question puts into effect the provisions of are in accordance with the national law of the testator.
Joseph G. Brimo's will which are not in accordance with
the laws of his Turkish nationality, for which reason they Ruling (2): YES. The approval of the scheme of partition
are void as being in violation or Article 10 of the Civil in this respect was not erroneous.
Code
There is no evidence in the record that the
Issue (1): Whether or not the exclusion of Andre as a national law of the testator Joseph G. Brimo was violated
legatee is valid. in the testamentary dispositions in question which, not
being contrary to our laws in force, must be complied
Ruling (1): NO. The distribution of Joseph Brimo’s with and executed.
estate shall be made in such a manner as to include
Andre Brimo, as one of the legatees. Andre Brimo did not prove that said
testamentary dispositions are not in accordance with the
Based on the last of part of the second clause of Turkish laws, inasmuch as he did not present any
the will, the institution of legatees in this will is evidence showing what the Turkish laws are on the
conditional, and the condition is that the instituted matter, and in the absence of evidence on such laws,
legatees must respect the testator's will to distribute his they are presumed to be the same as those of the
property, not in accordance with the laws of his
nationality, but in accordance with the laws of the Philippines.
Philippines.
It has not been proved in these proceedings
what the Turkish laws are. He, himself, acknowledges it
when he desires to be given an opportunity to present
evidence on this point; so much so that he assigns as an
error of the court in not having deferred the approval of
the scheme of partition until the receipt of certain
testimony requested regarding the Turkish laws on the
matter.

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G.R. No.

L-22595 November 1, 1927 If this condition as it is expressed were legal and

Impossible conditions and those contrary to law or

Furthermore, it is contrary to law since it

Second. I like desire to state that although by law, I

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