MICIANO VS.

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

ISSUE:
Whether or not the second clause in the decedents will, which provides that the properties of
the decedent be distributed not in accordance with the law of this nationality but in accordance
with the laws of the Philippines otherwise the dispositions favorable to those who will not
comply will be null and void, valid?

RULING:
According to par 2, Article 16 New Civil Code: intestate and testamentary successions, both
with respect to the order of succession and to the amount of successional rights and to the
intrinsic validity of testamentary 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 wherein said property may be found. The second clause in the
decedents will imposing that the Philippine law govern in the disposition of his property
instead of the Turkish law which is the law of his nationality, is void as it is contrary to law,
particularly to the above-cited provision in the New Civil Code. All the other clauses and their
dispositions in the will remain valid, except for this second clause which ignores the national
law of the decedent.