3. Miciano v.

Brimo

Doctrine: In the absence of evidence to the contrary foreign laws on a particular subject are presumed to
be the same as those of the Philippines.

Joseph Birmo became a Turkish national and prior to his death, left a will stating that he desired his
estate distributed according to Philippine laws.

Among the legatees in the will, is his brother, Andre Birmo, who opposed the will on several grounds.
Among these grounds is his exclusion from the inheritance, and the fact that the will countermands
Turkish law. Andre thereafter calls the courts attention to Art 10 of the Civil Code which states that ones
national law governs successional rights.

Andre failed to prove, however, that such testamentary dispositions contradict Turkish law, and neither
did he even adduce evidence of such Turkish Law.

ISSUE:
w/n Turkish law, unproved by evidence as it may, shall govern in the probate of a foreign nationals estate

HELD:

NO. Andre failed to provide evidence of such Turkish Law, nor did he exemplify how such testamentary
disposition goes against such Turkish law. In the absence of requisite proof, the court is constrained to
assume that foreign law is similar with Philippine law. There is, therefore, no evidence that the national
law of the testator Joseph G. Brimo was violated in the testamentary dispositions in question which, not
being contrary to Philippine laws in force, must be complied with and executed.

The SC then allowed probate.