Digest Author: Maranan

PERSONS & FAMILY RELATIONS

JUAN MICIANO VS. ANDRE BRIMO

Petitioner: Juan Miciano

ISSUE: (a)whether or not the approval of
Respondent: Andre Brimo
the scheme of partition is erroneous

DOCTRINE:
(b)Whether or not the second clause of the
Article 10 (now 16) of the Civil Code will is valid.

Nevertheless, legal and testamentary

successional rights and the intrinsic validity of
their provisions, shall be regulated by the
national law of the person whose succession is
in question, whatever may be the nature of the
property or the country in which it may be
situated.
Art. 792 of the Civil Code.
Impossible conditions and those contrary to law
or good morals, shall be considered as not
imposed and shall not preclude the heir or
lgatee in any manner whatsoever, even should
the testator otherwise provide.
FACTS: Judicial administrator of the estate filed
a scheme of partition. Andre Brimo, one of the
brothers of the deceased, opposed it.
Contentions of appellant:
The approval of said scheme of
partition. The partition in question puts
into effect the provisions of decedents
will which are not in accordance with
the laws of his nationality (Turkish),
for which reason they are void for
violating Article 10 (now 16) of the Civil
Code.
Denial of his participation in the
inheritance. Second clause of the will. The
institution of the will is conditional and the
condition is that the legatees must respect
the testators will to the distribution of
property, not in accordance with his Turkish
law but with Philippine laws. Any legatee
who fails to comply, which oppositor has not
respected, will be prevented from receiving
his legacy.
RULING + RATIO:
(a) No. The oppositor did not prove that said
testamentary dispositions are not in
accordance with the Turkish laws, inasmuch
as he did not present any evidence showing
what the Turkish laws are on the matter, and
in the absence of evidence of such laws,
they are presumed to be the same as those
of the Philippines.
(b) No. The said condition in the second
clause is void, being contrary to law, for
Article 792 of the Civil Code:
Impossible conditions and those contrary to law
or good morals, shall be considered as not
imposed and shall not preclude the heir or
legatee in any manner whatsoever, even should
the testator otherwise provide.
It results from all this that the second clause of
the will regarding the law which shall govern it
(Philippine law as opposed to Turkish law,
violation of Article 10 of the Civil Code), and to
the condition imposed upon legateesis null
and void, being contrary to law.
Definition of terms:
Testamentary disposition
- Is the disposition or transfer of property
that takes effect upon the death of the
person making it.
Digest Author: Maranan
PERSONS & FAMILY RELATIONS