Vilano vs.

Adriano
Facts:
On November 15, 1955, Atty. Adriano married respondent, Rosario Adriano. They had two sons,
three daughters, and one adopted daughter. Unfortunately, years later, the two separated and
continued on with their lives. Atty. Adriano soon courted client and petitioner Vilano and then the
two agreed to live together for 20 years. Despite such agreement, Atty. Adriano continued to
provide financial support to Rosario and their children (respondents).
In 1992, Atty. Adriano died and at that time Rosario was in the United States spending
Christmas with her children. Vilano then, shouldered and handled the funeral expenses for Atty.
Adriano. Upon hearing the news, Rosario immediately called Valino and requested that she
delay the interment for a few days but Valino rejected her request and proceeded to bury Atty.
Adrianos body at the mausoleum of the Vilano family located at the Manila Memorial Park.
Respondent filed a suit against Valino for depriving them of seeing Atty. Adriano during the
funeral and burial. Moreover, the respondents stated that Atty. Adrianos burial at the Manila
Memorial Park was contrary to his wishes and that his remains shall be exhumed to the familys
family plot at the Holy Cross Memorial Cemetery in Novaliches, Quezon City.
Vilano countered Rosarios suit claiming that Adriano and she had already been separated for
over 20 years, and that Vilano had already been introduced by Adrianos friends and associates
as his wife. Her sole defense of Adriano wanting to be buried in her family mausoleum was the
claim she heard him say that, but there was no one else that could attest to that claim.
The RTC dismissed the suit filed by the respondents against Valino because of lack of merit.
Ruling that Valino showed more compassion and love for Atty. Adriano because she performed
the duties and responsibilities of a wife.
Respondents filed an appeal before the Court of Appeals. The Court of Appeals then reversed
and set aside the previous ruling of the RTC stating that Rosario, being the legal wife, was
entitled to the custody of the remains of her deceased husband (Art. 305 of the New Civil Code
and Art. 199 of the Family Code).
Issue: Who between Rosario and Valino is entitled to the remains of Atty. Adriano

Held: the Court ruled in favor of Rosario as being the surviving legal wife of Atty. Adriano, she
has the right to the remains of Atty. Adriano, in accordance with Article 305 of the New Civil
Code and Article 199 of the Family Code.

Article 305 of the Civil Code, in relation to what is now Article 1996 of the Family Code, specifies
the persons who have the right and duty to make funeral arrangements for the deceased. Thus:
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.
Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve
upon the following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters.
Further, Article 308 of the Civil Code provides: Art. 308. No human remains shall be retained,
interred, disposed of or exhumed without the consent of the persons mentioned in Articles 294
and 305.
In this connection, Section 1103 of the Revised Administrative Code provides: Section 1103.
Persons charged with the duty of burial. The immediate duty of burying the body of a deceased
person, regardless of the ultimate liability for the expense thereof, shall devolve upon the
persons herein below specified:
(a) If the deceased was a married man or woman, the duty of the burial shall devolve upon the
surviving spouse if he or she possesses sufficient means to pay the necessary expenses

DOCTRINE:
-

The law confines the right and duty to make funeral arrangements to the members of the

family to the exclusion of ones common law partner.

Philippine Law does not recognize common law marriages. A man and woman not
legally married who cohabit for many years as husband and wife, who represent
themselves to the public as husband and wife, and who are reputed to be husband and
wife in the community where they live may be considered legally married in common law
jurisdictions but not in the Philippines.

Dissenting Opinion
Justice Leonen expresses his dissent over the present petition because he believes that Valino
is the best person to carry or see through the final wishes of Atty. Adriano.
Justice Leonen stated that Article 305 of the New Civil Code shall only be considered when,
first, the deceased left no explicit instruction on how he wishes to be interred. Second, when
none among the deceaseds surviving relations are willing to make the funeral arrangements
and a conflict arises. And in these situations, the conflict must be settled according to the
preference stated in Article 199 of the Family Code.
When petitioners argued that Atty. Adriano insisted on being buried at with the Valinos and
invoked Article 307 of the Civil Code, ponencia and Justice Leonen shared different
interpretations. Ponencia interpreted Article 307 as the right to make arrangements for the
funeral remains with the person specified in Article 305 in relation to Article 199. However,
Justice Leonen interprets it as the right to determine ones funeral, including when and where
one wishes to be buried, and the absence of such wish will then need for other persons to
decide for the deceased. In the present case, there was no indication and not even any
allegation that Atty. Adriano did not freely and voluntarily relay his last wishes to the petitioner.
Therefore, he did not waive his right to determine where he should be buried.
Lastly, Justice Leonen clearly saw petitioners compassion and love towards the deceased. He
states that the Valino, being his companion throughout the years even beside his deathbead,
was the best person to relay Atty. Adrianos final wishes.