GR 182894; (April, 2014) (Digest)
G.R. No. 182894 , April 22, 2014
Fe Floro Valino v. Rosario D. Adriano, Florante D. Adriano, Ruben D. Adriano, Maria Teresa Adriano Ongoco, Victoria Adriano Bayona, and Leah Antonette D. Adriano
FACTS
Atty. Adriano Adriano was legally married to respondent Rosario Adriano. They had six children (the other respondents) but were separated-in-fact for years. Atty. Adriano later cohabited with petitioner Fe Floro Valino as common-law partners. Upon Atty. Adriano’s death in 1992, Rosario and the children were in the United States. Valino arranged and paid for the funeral, interring his remains in her family’s mausoleum at Manila Memorial Park despite Rosario’s request to delay the burial. Respondents sued, seeking damages and exhumation to transfer the remains to the Adriano family plot at Holy Cross Memorial Cemetery. The Regional Trial Court (RTC) dismissed the complaint, favoring Valino based on her long cohabitation and care for the decedent. The Court of Appeals (CA) reversed, ordering exhumation and transfer, recognizing Rosario as the legal wife entitled to custody of the remains.
ISSUE
Who between the legal wife (Rosario) and the common-law partner (Valino) is entitled to custody of the remains of Atty. Adriano and the right to make funeral arrangements?
RULING
The Supreme Court DENIED Valino’s petition, AFFIRMING the CA decision. The right and duty to make funeral arrangements belong exclusively to the legal spouse under Article 305 of the Civil Code in relation to Article 199 of the Family Code, which prioritizes the spouse, then descendants, ascendants, and siblings. Article 308 of the Civil Code further prohibits retention, interment, or exhumation without consent of those persons. The Court cited Tomas Eugenio, Sr. v. Velez, holding that Philippine law does not recognize common-law marriage; the term “spouse” in civil law refers only to a lawfully wedded spouse. Rosario’s separation from the decedent and absence abroad did not constitute waiver of this right. Valino, as a common-law partner, had no legal right to control the remains. The Court ordered exhumation at respondents’ expense and transfer to the Adriano family plot, but denied all claims for damages due to Valino’s good faith in providing a decent burial.