Miciano vs. Brimo

Posted: May 1, 2017 in case digests, succession, Uncategorized

Miciano vs. Brimo

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



The judicial administrator of the estate of the deceased, Joseph Brimo, filed a scheme of partition. However, one of the brothers of the deceased opposed the said partition.

According to the scheme and its provision, that the deceased requests that all his relatives respect his wishes, otherwise those who opposed the same shall be cancelled in said disposition in favor of the oppositor.

The apellant in the case, who opposed the same, based his opposition on the fact that the deceased was a Turkish citizen, that his disposition should be in accordance with the laws of his nationality.



WON the disposition shall be made in accordance with Philippine Laws

WON there shall be cancellation of disposition/s in favor of the appellant-oppositor



No, although the disposition provides an express provision that it shall be governed by Philippine Laws and those who opposed the condition of the provisions given shall be cancelled from the disposition, the fact is that the condition itself is void for being contrary to law. Article 792 of the Civil Code provides:

“Impossible conditions and those contrary to law or good morals shall be considered as not imposed and shall not prejudice the heir or legatee in any manner whatsoever, even should the testator otherwise provide.”


It is contrary to law because it expressly ignores the decedent’s national law, according to Article 10 of the Civil Code, such national law shall govern his testamentary dispositions.

Therefore, the institution of the legatees are unconditional and are valid, as well as those favorable to herein appellant-oppositor.




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