Bangkay ng mister, legal na asawa ang may 'K' hindi ang bagong ka-live-in

Dr. Persida V. Rueda-Acosta / Magtanong Kay Attorney

Dear Chief Acosta, Namatay ang tatay ko noong isang araw sa bahay ng kanyang kinakasama. Kasal sila ng nanay ko ngunit 10 years na mula nang umalis siya sa bahay namin. Ang problema, ayaw ibigay sa amin ang bangkay ng tatay ko upang kami sana ang magpaayos ng kanyang libing. May karapatan ba silang gawin ito? - Darwin

Dear Darwin, Para sa inyong kaalaman, nakasaad sa Articles 305 at 308 ng Civil Code of the Philippines na:

“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. x x x

Art. 294. The claim for support, when proper and two or more persons are obliged to give it, shall be made in the following order:

(1) From the spouse;

(2) From the descendants of the nearest degree;

(3) From the ascendants, also of the nearest degree; and

(4) From the brothers and sisters. x x x

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.”

Nakasaad din sa Section 1103 ng Revised Administrative Code ang mga sumusunod:

“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;” x x x

Ito rin ay tinalakay ng Korte Suprema sa kasong Fe Floro Valino vs. Rosario D. Adriano, et al. (G.R. No. 182894, April 22, 2014, Ponente: Honorable former Associate Justice Jose C. Mendoza) kung saan ay kanilang ipinaliwanag na:

“From the aforecited provisions, it is undeniable that the law simply confines the right and duty to make funeral arrangements to the members of the family to the exclusion of one’s common law partner. In Tomas Eugenio, Sr. v. Velez, a petition for habeas corpus was filed by the brothers and sisters of the late Vitaliana Vargas against her lover, Tomas Eugenio, Sr., alleging that the latter forcibly took her and confined her in his residence. It appearing that she already died of heart failure due to toxemia of pregnancy, Tomas Eugenio, Sr. sought the dismissal of the petition for lack of jurisdiction and claimed the right to bury the deceased, as the common-law husband.

In its decision, the Court resolved that the trial court continued to have jurisdiction over the case notwithstanding the death of Vitaliana Vargas. As to the claim of Tomas Eugenio, Sr. that he should be considered a “spouse” having the right and duty to make funeral arrangements for his common-law wife, the Court ruled:

x x x Indeed, 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.”

Samakatwid, ang may tungkulin at karapatan na mag-asikaso ng lamay at libing ng inyong ama ay ang kanyang legal na asawa at hindi ang kanyang kinakasama.

Nawa ay nasagot namin ang inyong mga katanungan. Nais naming ipaalala sa inyo na ang opinyong ito ay nakabase sa inyong mga naisalaysay sa inyong liham at sa pagkakaintindi namin dito. Maaaring maiba ang opinyon kung mayroong karagdagang impormasyong ibibigay. Mas mainam kung personal kayong sasangguni sa isang abogado.