Testate Estate of Joseph G. Brimo. Juan Miciano v. Andre Brimo

Summary

This succession case involved the estate of Joseph G. Brimo, a Turkish citizen who died in the Philippines. His brother Andre Brimo opposed the partition scheme, arguing that Turkish national laws should govern the succession and that he was wrongfully excluded as a legatee. The will contained a condition that legatees must respect the testator's wish to apply Philippine laws instead of Turkish laws. The Supreme Court held that without proof of Turkish laws, they are presumed similar to Philippine laws. More importantly, the Court declared the condition requiring compliance with the testator's choice of governing law as void under Article 792 of the Civil Code, being contrary to the mandatory provision of Article 10 requiring application of national law in succession matters. Consequently, Andre Brimo was entitled to his legacy as the condition was considered unwritten, making his institution as legatee unconditional and valid.