Ma’am good evening. I have this question in mind. My father died last oct. at his hometown (baguio city). He left us around 5 years ago because of having another girl. Then he stayed at baguio from then on. Now during may father’s wake my tito and titas and my family(my mother and 2 sisters) sat down and discussed of what happens next for my father. As agreed by my family we will take home the remains of my father back here in manila and continue the wake for 3days so thats his friends and other relatives who can’t travel to baguio can see him for the last time here in our house in manila. But one of my “tita” said that we don’t have the right to decide since pinabayaan na daw namin si daddy and she asked also her lawyer na we have no rights to decide and claim anymore the remains of my father. Is it true na wala na kaming rights sa remains ng father ko?though sa loob ng 5years niya na pag stay sa baguio eh every now and then na bababa siya dito sa manila eh kinikita niya kaming magkakapatid although hindi sabay sabay. Anyway we still fought and argue na dito sa manila magaganap ang burial so ayun natupad naman. Pero yung question ko po is totoo bang wala na kaming karapatan sa father ko?as per my “tita” and her lawyer.
From Attorney K:
Under Article 305 of the Civil Code, 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. Under Article 294, the preference would be the legitimate spouse; If the legitimate spouse is gone, then the children (or descendants); In case there are no descendants, the ascendants to the nearest degree; In case there are no descendants, the brothers and sisters. In your case, if your mom is the legitimate spouse (legitimate, meaning the first wife, and not annulled), she is the one who should make arrangements for the funeral. As well, if you are legitimate children, remember that you are entitled to your legitime, which is a portion of your father’s property as inheritance.