Funerals Article 310

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Art. 310. 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. 

Example:

Lawrence Inlow died May 21, 1997 at the age of 46 and did not have a will. He was killed by a rotor blade as he was getting out of a company helicopter. Now there’s a costly battle over the multimillionaire’s wrongful death settlement.

Tucked away in the quiet of Our Lady of peace, there is a memorial to Inlow, a man who made millions and gave generously. But outside cemetery gates, there’s turmoil over a wrongful death settlement, awarded after Inlow’s grave helicopter accident.

For 12 years it’s been an ongoing fight that is now before the Indiana Supreme Court. The dispute is over $284,000 dollars spent on the former Conseco executive’s funeral and mausoleum. The amount is not in question.

The issue is whose bank account should pay for it. A wrongful death settlement account in which Inlow’s second wife. Anita, and their son could benefit from, or the probated estate left to Anita Inlow and four older Inlow children from his first marriage?

“She arranged the funeral, she paid for it. Then she submitted in a claim to the probated estate for reimbursement,” said Robert Hamlett, attorney for the older Inlow children.

Inlow’s older children initially reimbursed Anita Inlow from the estate they all share. But now they want their expenses paid out of a $800,000 dollar wrong death settlement, which both sides will also split.

“Only after the first marriage, heirs realized that it would be a way to have all those net proceeds between themselves and share none of it with the widow and her child, did they come up with this idea,” attorney Jack Hittle told the Supreme Court.

Hittle, who represents Anita Inlow, says taking the money from the wrongful death settlement would wipe out what the little of it the widow gets to keep.

It appears years of fighting doesn’t come cheap, costing $585,000 dollars in expenses and fees.

“Out of the $800,000, we had to pay the wrongful death attorneys, the wrongful death cost, etc.” Hittle said. “There was about $300,000 dollars left total.”

Anita Inlow would only get half of that. But the estate attorney say they have the right to recoup those same funeral expenses, regardless of what’s left.

“The legislature clearly seems to me has indicated an intent that the estate be allowed to recover those expenses,” concluded Hamlett.

They’re now awaiting a Supreme Court decision on who pays for the mausoleum, which has the inscription: “Pray for us.”

This is Anita Inlow’s last state appeal. But the Indiana Supreme Court could send the case back to Hamilton County for rehearing. One attorney says he shudders to even think how much of the $300,000 dollars remaining would be wipe up then.

Family members declined comment on both sides.

The Indiana Supreme Court is considering who should pay nearly $300,000 in funeral expenses for a former Conseco executive.

(www.wthr.com/Global/story.asp?s=10165738&clienttype=printable)

Expenses for Mausoleum

Who pays for the mausoleum of the widow?

Answer: Her own property, for here conjugal partnership had long been dissolved.

Funerals Article 309

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Art. 309. 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.

Disrespect and Wrongful Interference

Notice that damages which may be claimed may be either material or moral. In case damage to property has been committed, not only a civil action but even a criminal action may be brought. Libel may be committed on a “person, living or dead”.

Example of disrespect to the dead or wrongfully interferes with a funeral was taking a picture of someone in their casket and to open the casket without the permission of the family of the deceased. Taking pictures while other people are there, it gives off a bad impression and may make the family of the deceased uncomfortable. And funerals are for the benefit of the family, so be careful to have tact and not appears as a morbid deviant.

I think it’s inappropriate to take pictures at a funeral, or to have an open casket. That’s horribly offensive and rude to the side of the family f the deceased. It dishonors the dead. I know people grieve in different ways, but I think the body needs to be covered and there should be little distractions as possible at the service. If you want to see dead people become a mortician. I believe in honoring the spirit and soul of the person. I suppose if the family is okay with it, it’s their decision, but still I wonder how anyone could fid this acceptable.

I don’t like taking pictures of dead people but when my father passed away, he’d been sick. He was really frail and thin and pasty. He looked so good again in the casket so we took pictures so we could remember him looking like he’s just sleeping, not the sick man he was prior.

With all that has been said, the thing that I think works best is simply following the wishes of the deceased

Funerals Article 308

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

Art. 294. The claim for support, when proper and two or more persons are obliged to give it, shall be made in the following order:

(1) From the spouse;
(2) From the descendants of the nearest degree;
(3) From the ascendants, also of the nearest degree;
(4) From the brothers and sisters.

Art. 305. 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. In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the paternal shall have a better right.

Note the words "in the order herein provided". Ask support first from your spouse before you ask support from your child, as clearly indicated in the above provision. If after asking support from one in the first or prior order and the support is still not enough and the one in such first or prior order could no longer give more, then go to the next giver of support in the order stated in the above article and so on, having in the mind the rule in Article 201 that the amount of support depends on the resources of the giver and the needs of the recipient.

1) Dispositions of the Remains

This article, does not concern itself with the funeral rights, but with the:

a) Retaining

b) Interring

c) Disposing

d) Exhuming

A person has the right to control the disposition of his/her own remains without the predeath or postdeath consent of another person. A valid wriiten document expressing the decedent's wishes regarding the place or method of disposition of his/her remains, signed by the decedents in the presence of a witness, is sufficient legal authorization for the procedures to be accomplished.

Funerals Article 307

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Art. 307. The funeral 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.

How the Funeral Rights Shall Be Conducted – Order of Preference

a) Expressed wishes of the deceased

b) Religious belief or affiliation

c) Desire of person obliged to make funeral arrangement – after consulting the other members of the family

The expressed wishes of the deceased as well as their kin determine what the best way to proceed with the funeral. The presence of the loved one, although deceased, seems to often bring comfort when it's time to say goodbye. Special care is taken to respect the customs, wishes and needs of the families.

The expressed wishes of the deceased as well as the person obliged to make arrangement, determine what the best way to proceed with the funerals. 

At a traditional service, depending on the cultural and religious protocol, the deceased is on view during visitation of friends and family at the service as well. However, if the family prefers visitation and funeral service may occur with a closed casket. The choice is always made by the family either through their decision or through a prior expressed by the deceased.

As a Protestant our religious belief or affiliation on funerals was that Ministry to the bereaved is very important. However there is no uniformity concerning "calling hours", whether the burial service will be from the church or the local funeral home, or whether or not flowers are appropriate. 

It is an important part of the funeral and religious custom to express one's condolence to the bereaved and respect for the deceased by writing a note, attending the "calling hours" if they are held, attending the burial; service unless it is private, and by offering a tangible expression of caring like food, flowers, a contribution to the person's church or charity, unless requested not to do so.

Be sure to respect the wishes of the deceased, his values and any religious and spiritual connection. Be sure that the funeral home is flexible and willing to accommodate the expressed wishes of the deceased to make the event meaningful. 

Funerals Article 306

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


Funeral in Accordance With Social Position

The higher the social standing of the deceased in life, the more dignified and expensive should his funeral be, as a general rule, The Revised Penal Code, however, prohibits the pompous and elaborate funeral of a criminal who has been given the death penalty. This is for the purpose of not giving undue publicity to the notoriety in the life of the criminal.

In this connection, it is worthwhile to note the provisions of Art. 2165: “When funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support to the deceased, said relatives shall reimburse the third person should the latter claim reimbursement.”

Dependent upon locallity and ethnic group, as well as upon religious beliefs, funerals will vary in accordance with wealth and social position of the family. The head of the home is normally given a more elaborative funeral than is a wife or children. Burials may be in cemeteries or on the property, in simple round graves or in elaboratively constructed and decorated graves.But even in the latter, it is necessary for descendents to conform to a pattern of entertainment often beyond their means. The amount of food, drink, music, etc., provided at a funeral is considered by some as indicative of the amount of respect the family had for deceased.

Funerals Article 305

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Art. 305. 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. In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the paternal shall have a better right.

Funeral Arrangements - A duty and a right

a) The making of funeral arrangement is both a duty and a right.

b) Note that the order of preference is the same as the order of support under Art. 199, Family Code.

Art. 199, in the family Code of the Philippines. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:

1) The spouse;

2) The descendants in the nearest degree;

3) The ascendants in the nearest degree; and

4) the brothers and sisters.
The personal representative named in a Will has the first priority, followed by the deceased person's spouse (includes legally married or a person who has lived in a marriage-live relationship, including a marriage-like relationship between persons of the same gender, with the deceased for a period of two years immediately preceding death). Next are adult children, adult grandchildren, parents, adult siblings, adult nieces and nephews, then other closest next-of- kin. Among persons of the same degree of kinship, priority begins with the eldest and descends by age. 

For example: 

On the passing away of the father, the eldest son becomes the head of the family and have the right and duty to make a funeral arrangement. He must assume the responsibilities and duties on behalf of the family.

Parental Authority Article 315

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Art. 315. No descendant can be compelled, in a criminal case, to testify against his parents and ascendants.


1) The descendant cannont be compelled, but if he wants to testify here, he may do so.


2) The article applies to a criminal, not a civil case.

On the basis of blood relationship and to preserve family harmony, it is provided in the article that no descendant(child or grandchild) shall be compelled, in a criminal case, to testify against his parents and grandparents except:

1.) When such testimony is indispensable in a crime against the decendant (child or grandchild) as when the father is being prosecuted for attempted or frustated parracide against his son or 

daughter; 

2.) When such testimony is indispensable in a crime by one parent against the other as when the wife is criminally suing the husband for concubinage and their child is a material witness to the act of concubinage.  

Note the words "shall be compelled" for there is no need of compelling the child or grandchild who is willing to testify against his or her parent or grandparent. In the the new Rules on Evidence, it is now provided that: "No person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants." (Sec.25, Rule 130, Rules of Court as amended in 1989). Be it noted, however, that should a conflict arise between this new provision and Art.215 of the Family Code, the latter provision shall prevail because a procedural rule must not impair substantive law.