“Ako legal wife” is the title of a Filipino film. Although I did not watch the movie, the story is too common not to know that it is about a man with several “wives”. The issue of who is entitled to the corpse of a deceased spouse is common in movies as in real life. It is a painful issue since it deals with the death of a person but the controversy is one too important that the Civil Code has a specific chapter on “Funerals”. As one Supreme Court decision said: “it should be said that controversies as to who should make arrangements for the funeral of a deceased have often aggravated the bereavement of the family and disturbed the proper solemnity which should prevail at every funeral. It is for the purpose of preventing such controversies that the Code Commission saw it best to include the provisions on “Funerals.” (Valino vs Adriano, G.R. No. 182894, April 22, 2014)
Valino vs. Adriano
This is a true story and not a movie or a telenovela storyline. After some years and 5 children Atty. Adriano’s marriage with Mrs. Adriano turned sour and they then lived separately from each other. Ms Valino, a former client was courted by Atty. Adriano and they eventually lived together. The marriage was never dissolved and Atty. Adriano continued to fulfill his financial obligations to his children and wife. While Mrs. Adriano and children were in the U.S. Atty. Adriano died. Mrs. Adriano called Valino to hold the interment until she and her children arrive from the US. This was not granted and Valino proceeded with the interment of Atty. Adriano’s remains at the Valino’s family cemetery. Agrieved, Mrs. Adriano and her children sued Valino for damages and demanded that Atty. Adriano’s remains be exhumed and transferred to the family plot. The Regional Trial Court dismissed the case but the Court of Appeals reversed and decreed that Mrs. Adriano has the right over the remains but damages were not awarded.
Legal wife is entitled
The Supreme Court said that although Valino’s acts of taking care of Atty. Adriano while alive and the arrangements for the funeral and interment is laudable, the right to make the decisions as to the funeral and interment belongs to the legal wife. This is consistent with the provisions of the Civil Code on Funerals (Art. 305-310). The spouse is on top of the list of who has the duty and right to make arrangements for the funeral. The High Tribunal said: “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.” Since the Philippines does not recognize common law marriage much more so if the wife is still alive, Valino does not have any right to make funeral arrangements and decide as to the place of interment. Valino’s claim that Atty. Adriano treated her and even introduced her to everyone as his “wife”, cannot warrant deviation from what the Civil Code provides- the legal wife has the right. The claim that it was Atty. Adriano’s wish that he be buried at the Valino’s cemetery can only be allowed if it does not run counter to the provisions of our laws, good morals, and public custom. To do so would give a semblance of recognition to a common law union with a married man. The decision ended with the quoted paragraph above. The solemnity of a funeral is so important that it was provided for in the Civil Code to settle once and for all the question of who has the right to make arrangements for the funeral and the remains of a deceased spouse.
