G.R.
182894 April 22, 2014 actual damages and attorneys fees will be awarded
Valino v. Adriano
FACTS:
Atty. Adriano Adriano married
respondent Rosario Adriano with which their
marriage bore two sons, Florante and Ruben Adriano,
three daughters, Rosario, Victoria, and Maria Theresa
and one adopted daughter, Leah Antonette. The
couples relationship turned sour and was separated.
Years later, Atty. Adriano courted Valino, one of his
clients and eventually decided to live together as
husband and wife. Despite the prevailing
arrangement, Atty. Adriano continued to provide
financial support to Rosario and their children. In
1992, Atty. Adriano died of acute emphysema and
during that time, Rosario was in United States
spending Christmas with her children. Valino took
charge of the burial process since no one of the
family members was around. When Rosario learned
of her husbands death, she called Valino and
requested for the interment to be delayed for few
days but was not heeded. Atty. Adrianos remains
were then interred at Valinos family mausoleum in
Manila Memorial Park and were not attended by
Rosario and her children. Rosario and her children
commenced a suit against Valino, claiming that they
were deprived of the chance to view the remains of
Atty. Adriano before he was buried at Manila
Memorial Park, which was contrary to the deceaseds
burial wishes and prayed that they be indemnified for
actual, moral, and exemplary damages and attorneys
fees. Additionally, it was requested that Atty.
Adrianos remains be exhumed and transferred to the
family plot at the Holy Cross Memorial Cemetery in
Novaliches, Quezon City.
Valino contended that Rosario and Atty.
Adriano had been separated for more than twenty
years when he courted her and throughout that time,
she was presented and known by his friends and
associates as his wife. Additionally, she argued that
she took good care of Atty. Adriano unlike Rosario
and even shouldered his medical expenses when he
was seriously ill and that it was the deceaseds last
wish to be interred in Valinos family mausoleum at
the Manila Memorial Park.
The RTC dismissed the complaint of the
respondents for lack of merit but Court of Appeals
reversed and set aside the RTCs decision on appeal,
directing Valino to have the remains of Atty. Adriano
exhumed at the expense of the respondents. The
Supreme Court likewise affirmed the decision of the
Court of Appeals and ruled that no moral, exemplary,
to the Rosario and her children.
ISSUE: Whether or not the respondents (Rosario
and her children) are entitled to the remains of Atty.
Adriano.
HELD: Rosario and her children are entitled to
the remains of Atty. Adriano in accordance to Article
305 which specifies the persons who have the right
and duty to make funeral arrangements for the
deceased. Furthermore, Art. 308 of the Civil Code
maintained that No human remains shall be retained,
interred, disposed of or exhumed without the consent
of the persons mentioned in Articles 294 and 305.
Art. 199 specifies that whenever two or more people
are obliged to give support, liability shall devolve
upon the following persons in the order provided: 1)
spouse; 2) descendants in the nearest degree; 3) the
ascendants in the nearest degree; and 4) brothers and
sisters. In this connection, Section 1103 of the
Revised Administrative Code provides that the
immediate duty of burying the body of a deceased
person if a married man or woman, regardless of the
ultimate liability for the expense thereof, shall
devolve upon the surviving spouse if he or she
possesses the sufficient means to pay the necessary
expenses. With that, Rosario and her children are
entitled of the remains of Atty. Adriano
notwithstanding the fact that Rosario has been living
separately from her husband and was not at his
deathbed when he drew his last breath. Moreover, it
cannot be said that Rosario had waived or renounced,
expressly or impliedly, her right and duty to make
arrangements for the funeral of her deceased husband
and is deemed baseless. Hence, petition filed by
Valino is DISMISSED and no actual, moral, or
exemplary damages will be awarded to Rosario and
her children.