Funeral, New Civil Code Arts.

305-310
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 (Art. 305):
1. Spouse
2. Descendants in the nearest degree. In case of descendants of the same degree, or of brothers and sisters,
the oldest shall be preferred.
3. The ascendants in the nearest degree. In case of ascendants, the paternal shall have a better right
4. The brothers and sisters.
5. Municipal authorities – if there are no persons who are bound to support or if such persons are without
means.

NATURE OF FUNERAL: Every funeral shall be in keeping with the social position of the deceased. (Art. 306)

The funeral shall be:

1. In accordance with the expressed wishes of the deceased.
2. In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites.
3. 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 (Art. 307)

Note: No human remains shall be retained, interred, disposed of or exhumed without the consent of the
persons mentioned in articles 294 and 305. (Art. 308)

Damages: Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable
to the family of the deceased for damages, material and moral (Art. 309)

Funeral Expenses: The construction of a 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
(Art. 310).
GUIDELINES IN MAKING FUNERAL ARRANGEMENTS
1. The persons who are preferred in the right to make funeral arrangements may waive the right expressly or
impliedly in which case the right and duty immediately descend to the person next in the order.
2. It must be in keeping with the social position of the deceased.
3. Law shall prevail over the will of the persons who have the right to control the burial of deceased –
exhumation, evidential purpose, disposition of corpse by deceased, mutilation of corpses and autopsies.
4. Corpses which are to be buried at public expenses may also be used for scientific purposes under certain
conditions.
5. Expressed wishes of the deceased is given priority provided that it is not contrary to law and must not violate
the legal and reglementary provisions concerning funerals and disposition of the remains (time, manner, place
or ceremony)
6. In the absence of expressed wishes, his religious beliefs or affiliation shall determine the funeral rights.
7. In case of doubt, the persons in Art. 199 shall decide.
8. Any person who disrespects the dead or interferes with the funeral shall be liable for material and moral
damages.

Use of Surnames, Arts. 364- 369, 369-380

CHARACTERISTICS OF A NAME

1. It is absolute, intended to protect the individual from being confused with others.
2.It is obligatory in certain respects, for nobody can be without a name.
3. It is fixed, unchangeable, or immutable, at least at the start, and maybe changed only for good cause and by
judicial proceedings.
4.It is outside the commerce of man, and therefore inalienable and intransmissible by act inter vivos or mortis
causes.
5.It is imprescriptible

SURNAMES OF CHILDREN

1. Legitimate and legitimated children shall principally use the surname of the father. (Art. 364)
2. An adopted child shall bear the surname of the adopter. (Art. 365)
3. A natural child acknowledged by both parents shall principally use the surname of the father. If recognized
by only one of the parents, a natural child shall employ the surname of the recognizing parent. (Art 366)
4. Natural children by legal fiction shall principally employ the surname of the father (Art. 367)
5. Illegitimate children referred to in Article 287 shall bear the surname of the mother. (Art 368)
6. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the
father. (Art. 369)

WIFE AFTER AND DURING MARRIAGE

1. A married woman may use (Art. 370):
(a) Her maiden first name and surname and add her husband's surname, or
(b) Her maiden first name and her husband's surname or
(c) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."

Tolentino: The wife cannot claim an exclusive right to use the husband’s surname. She can’t be prevented
from using it; but neither can she restrain others from using it.

2. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and
surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may
choose to continue employing her former husband's surname, unless (Art. 371):
(a) The court decrees otherwise, or
(b) She or the former husband is married again to another person.

3. When legal separation has been granted, the wife shall continue using her name and surname employed
before the legal separation. (Art. 372)

4. A widow may use the deceased husband's surname as though he were still living, in accordance with Article
370. (Art 373)