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• 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.
FACTS:
Atty. Adriano Adriano (Atty. Adriano) married respondent Rosario Adriano in
1955. The couple had 5 children and 1 adopted child, also impleaded herein
as respondents. The marriage did turn sour and the couple separated in fact,
though Adriano continued to support his wife and children.
Atty. Adriano then started living with Valino, whom he courted. Atty. Adriano
died and since his immediate family, including respondent were in the United
States, Valino took it upon herself to bury Atty. Adriano at her family's
mausoleum. In the meantime, Respondents heard about the death and
requested Valino to delay the burial so they can pay their final respects, but
Valino still buried the body.
Valino claimed that it was Atty. Adriano's last wish to be buried at Valino's
family's mausoleum and that the respondent's knew that Atty. Adriano was
already in a coma yet they still proceeded to the US on vacation. And that as
far as the public was concerned, Valino had been introducing her as his wife
for the past 20 years.
The RTC dismissed the complaint of respondents for lack of merit as well as
the counterclaim of Valino after it found them to have not been sufficiently
proven.
CA reversed [explained that Rosario, being the legal wife, was entitled to the
custody of the remains of her deceased husband. Citing Article 305 of the
New Civil Code in relation to Article 199 of the Family Code, it was the
considered view of the appellate court that the law gave the surviving spouse
not only the duty but also the right to make arrangements for the funeral of
her husband. For the CA, Rosario was still entitled to such right on the
ground of her subsisting marriage with Atty. Adriano at the time of the latter’s
death, notwithstanding their 30-year separation in fact.]
ISSUE:
Whether or not the respondents (wife and children of deceased Atty.
Adriano) are entitled to the remains of Atty. Adriano.
HELD:
YES. The weight of legal provisions puts the responsibility of the burial with
the respondents, to wit:
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. (New Civil Code Art. 305)