Case Digest (G.R. No. 182894)
Facts:
Fe Floro Valino v. Rosario D. Adriano, G.R. No. 182894, April 22, 2014, Supreme Court En Banc, Mendoza, J., writing for the Court. Petitioner Fe Floro Valino and respondents Rosario D. Adriano, Florante D. Adriano, Ruben D. Adriano, Maria Teresa Adriano Ongco, Victoria Adriano Bayona, and Leah Antonette D. Adriano dispute who is entitled to custody and disposition of the remains of deceased attorney Lope (Atty.) Adriano.Atty. Adriano was lawfully married to respondent Rosario Adriano and they had children (respondents). Years before his death the marital relationship deteriorated and the spouses were separated in fact; thereafter Atty. Adriano lived with petitioner Valino, who had been his client and later companion. When Atty. Adriano died in 1992 while Rosario was overseas, Valino arranged and paid for his funeral and had him interred in the Valino family mausoleum at Manila Memorial Park; respondents were not present at interment and claim they were denied the opportunity to view the remains.
Respondents sued Valino for actual, moral and exemplary damages and sought exhumation and transfer of the remains to the Adriano family plot at Holy Cross Memorial Cemetery in Novaliches. Valino counterclaimed for damages. The Regional Trial Court (RTC), Branch 77, Quezon City, dismissed respondents’ complaint and Valino’s counterclaim, finding that Valino had cared for the decedent and that it could reasonably be presumed the decedent wished burial at the Manila Memorial mausoleum.
On appeal the Court of Appeals (CA) reversed the RTC by its October 2, 2006 Decision and May 9, 2008 Resolution in CA‑G.R. CV No. 61613, holding that Rosario, as the lawful surviving spouse, had the right and duty to make funeral arrangements under Article 305 of the Civil Code in relation to Article 199 of the Family Code, and directing Valino to have the rem...(Pro-only)
Issues:
- Who is entitled to custody and disposition of the remains of Atty. Adriano: the lawful surviving spouse, Rosario Adriano, or the decedent’s long‑time companion, Fe Floro Valin...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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