Gutierrez, Merlyn U.

Eugenio vs. Velez

185 SCRA 425

Facts

Unaware of the death of Vitalian Vargas, the respondents, her full blood brothers and
sisters (Vargases) filed a petition for habeas corpus against Eugenio for forcibly taking Vitaliana
from her residence and confined by the former in his residence. Vargases, however, were not
knowledgeable of Vitaliana’s death due to heart failure, prior to their filing of the writ of habeas
corpus. Hence, Eugenio did not release the body of Vitaliana claiming that the writ of habeas
corpus is invalid because it was filed after the death of Vitaliana. The Vargases claimed that
there was no existing marital relationship between Eugenio and Vitaliana and therefore they
have custody over the body of the latter. The RTC said that since there was no surviving spouse
or children of Vitaliana and that petitioner was merely a common law spouse, her brothers and
sisters have custody

.Issue

Whether the custody of the dead body of Vitaliana be given to her full blood brothers and
sisters or to her common law spouse. 

Ruling
The Supreme Court held that the custody of the dead body of Vitaliana was correctly
awarded to her surviving brothers and sisters under Section 1103 of the Revised Administrative
Code which provides that if the the deceased was an unmarried man or woman, the duty of
burial shall devolve upon the nearest of kin of the deceased. Petitioner’s contention that he is
the spouse contemplated under Art. 294 of the Civil Code, as the term spouse used therein not
being preceded by any qualification, is untenable. The spouse contemplated in Art. 294 refers to
a lawfully wedded spouse, wherein petitioner was not a lawfully-wedded spouse to her and in
fact he was not legally capacitated to marry her in her lifetime as he was previously married to
someone.

Concept/Doctrine
As provided in Article 42 of the New Civil Code, paragraph 2, the effect of death upon
the rights and obligations of the deceased is determined by law, by contract and by will.
In this case, since Vitaliana died single, her rights to be buried as determined by law
under Revised Administrative Code, shall be devolved upon her nearest of kin.  Hence, the
Vargases shall be the lawful claimant of Vitalianas dead body instead of his common law
spouse. Eugenio will only have the right to the dead body of Vitaliana if he is the lawful husband
of the latter.