Two weddings and a funeral
" My father is currently on life support. Before his health deteriorated, he was able to ask a lawyer to make him a last will and testament, which is currently in our lawyer’s possession. My siblings and I are in agreement to respect the wishes of our father with regard to the distribution of his remaining pieces of property. My father, however, was not able to give instructions regarding his funeral arrangements. Since my father’s passing away is imminent, my siblings and I are discussing his funeral and are in disagreement as to where he should be buried. The problem is rooted in my father having two families. My father remarried three years after our mother passed away. His three children from his second family would like to bury him beside their now deceased mother. But, we, the children from his first family, would like to bury him beside our mother and brother in the family mausoleum that we built in the province. Given this predicament, we would like to be apprised of the rules on who should be followed with regard to making funeral arrangements for our father.
Articles 305 until 310 of the Civil Code of the Philippines provide the rules on funeral preparations of a deceased. Provisions relevant to your concerns are as follows:“Article 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 (now Article 199 of the Family Code of the Philippines). In case of descendants of the same degree, or of brothers and sister, the oldest shall be preferred. In case of ascendants, the paternal shall have a better right.
xxx xxx xxxArticle 307. The funeral shall be in accordance with the expressed wishes of the deceased. In the absence of such expression, the religious beliefs or affiliation shall determine the funeral rites. In case of doubt, the form of the funeral shall be decided upon by the person obliged to make arrangements for the same, after consulting the other members of the family.”
It is clear from the above provisions that if the deceased did not leave any instructions regarding to his funeral arrangements, the duty to make the funeral arrangements lies with the remaining relatives of the deceased, the order of preference of which is in accordance with the order established on those who are obliged to give support, which is as follows:(i) Spouse(ii) The descendants in the nearest degree(iii) The ascendants in the nearest degree
(iv) The brothers and sisters (Article 199, Family Code of the Philippines).From the letter that you sent to us, it appears that your father is a widower. Thus, the obligation to make arrangements for his funeral now resides in his children. You, however, mentioned that the root of your problem is the disagreement among your siblings regarding the place of his interment. Article 305 of the Civil Code of the Philippines instructs that in case of disagreement between the children on decisions pertaining to the funeral arrangements, the decision of the oldest child shall be preferred. Therefore, the decision of your oldest sibling must be followed. Article 305 of the law is quoted below, to wit:“Article 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.”Please keep in mind when making arrangements for your father’s funeral that the same must be in keeping with his social position (Article 306, Civil Code of the Philippines) and his religious beliefs or affiliation (Article 307, Id.).We find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter."
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"Two weddings and a funeral"
was written by Mary
under the Legal Advice
category. It has been read 135
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comments. The article was created on 15 September 2021
and updated on 15 September 2021