Article 305

By MARLO PJ ALIPON MPA,REE,RMP

Those who are duty-bound to make arrangements shall be in accordance with order established for support.This order is now governed by Article 199 of the Family Code which repealed Article 294 of the Civil Code and which provides that such duty shall devolve first on the spouse; In his or her absence or incapacity, the descendants in the nearest degree;in the absence or incapacity of the latter, the ascendants in the nearest degree; and finally in the absence of the said persons , Brothers and sisters.

Article 306 & 307

By: Christelle B. Amil

Article 306. Every funeral shall be in keeping with the social position of the deceased.

Article 307. The funerals shall be in accordance with the expressed wishes of the deceased. In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites. In case of doubt, the form of the funeral shall be decided upon by the person  obliged to make arrangements for the same, after consulting the other members of the family.

Kinds of Funeral

The wishes of the deceased shall be mainly followed because this is part of the respect that should be accorded to the dead. In the absence of such expression, his or her religious beliefs cater to the spiritual and, more often than not, the deceased’s concept of death is greatly influenced by his or her religious background.

However, the law mandates that every funeral shall be in keeping with the social position of the deceased.

Articles 308, 309 & 310

By: Evelyn Balaoro

CIVIL CODE OF THE PHILIPPINES TITLE X. FUNERALS

ARTICLE 308.  No human remains shall be retained, interred, disposed of or exhumed without the consent of the person mentioned in Articles 294 and 305.

ARTICLE 309.  Any person who allows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, material and moral.

What would be the punishment for disrespect of our dead? Are there law for non- respecting of the dead?

The respect for the dead is the Philippine culture and tradition give reverence to the dead. Thus, any undertaking that would, in a way, “disturb” the dead must be with the consent of those who will be greatly affected.  Also, damages can be sought against those who will allow disrespect to the dead, wrongfully interfere with the funeral

ARTICLE 310. The construction of tombstone or mausoleum shall be deemed a part of the funeral expenses, and shall be chargeable to the conjugal partnership property, if the deceased is one of the spouses.

What would be the liability of partner in terms of funeral expenses? If ever that she is not the legal spouse what would be her role in case of funeral expenses?

As stated in Article 310 “It is the liability of the conjugal partnership if the deceased is married, the law clearly states that the tombstone or mausoleum shall be deemed a part of the funeral expenses and shall be chargeable to the conjugal partnership property”.