Miciano v. Brimo

G.R. No. L-22595, 1 November 1927

FACTS:

Joseph Brimo, an alien testator (Turk) who made his will in the Philippines stated in the will thathis 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.

The appellant in the case, who opposed the same, based his opposition on the fact 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, suchnational law of the testator is the one to governhis testamentary dispositions.

The provision in the will is not valid. Said condition then is considered unwritten, hence the institution of legatees is unconditional and consequently valid and effective.

* Case digest by Kristine Camille B. Gahuman, LLB-1, Andres Bonifacio Law School, SY 2017-2018

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