FACTS and PROBLEM: Juana, 25 years old, single and living with Pedro. Pedro is a 25 year old married man. Juana died during pregnancy in the residence of Pedro. Carlos, Juana’s brother, wanted to get the dead body of his sister. He contends that he is the legal custodial of the deceased body. Pedro refused to allow Carlos to get the body of Juana. Is the contention of Carlos tenable?
ANSWER: The Civil Code of the
Art 305. The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support, under Article 294. In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the paternal shall have a better right.
“Those who are duty-bound to make arrangements shall be in accordance with the order established for support. This order is now governed by Article 199 of the Family Code which repealed Article 294 of the Civil Code and which provides that such duty shall devolve first on the spouse; in his or her absence or incapacity, the descendants in the nearest degree; in the absence or incapacity of the latter, the ascendants in the nearest degree; and finally, in the absence of all the said persons, the brothers and sisters.”1 (Emphasis supplied)
Pedro is not related in any way to Juana except that the latter is the former’s paramour. Though they might have lived as husband and wife, their cohabitation is not a valid ground for him to claim a right to the body of Juana. If he is to contend such, it is not meritorious. The law is clear and legally speaking, Carlos’ rights cannot be questioned when it comes to his claim to perform his duties as brother of Juana.
1 Sta. Maria, Jr., Melecio. Persons and Family Relations Law. 4th ed., 2004, p. 890.
NOTES: Submitted on my Legal Research Class, October 27, 2007
