1

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

FACTS:
Joseph Brimo is a Turkish citizen, residing in the Philippines, with properties
in the Philippines who executed a will in accordance with Philippine law. In his
will, he imposed a condition to respect his wish to distribute his estate in
accordance with the Philippines laws, otherwise, legatees will be prevented
from receiving their legacies.
The judicial administrator filed a scheme of partition. Brimos brother,
Andre, opposed it. He argued that the will is not in accordance with Turkish law,
the law of the nationality of the testator, but was not able to prove that same.

ISSUE:
Whether or not the Philippine law applies according to the testators
intent notwithstanding the Civil Code provision that the national law of the
decedent applies.

HELD:
The Philippine law does not apply. Article 10 of the old Civil Code (now
Art. 16 NCC) provides that legal and testamentary successions, in respect to the
order of succession as well as to the amount of the successional rights and to
the intrinsic validity of their provisions, shall be regulated by the national law of
the person whose succession is under consideration, whatever may be the
nature of the property and regardless of the country where said property may
be found.
In the case at bar, the national law of Brimo, Turkish law, governs.
However, Andre did not prove that the testamentary provisions are not in
accordance with Turkish laws. Therefore, it is assumed that Turkish law is the
same as Philippine law. The condition that the will be made and disposed of in
accordance with the laws in force in the Philippine islands is contrary to law
Hence, it is considered as not written.