**FROM THE PERSPECTIVE OF ART.

15 – 17 OF THE CIVIL CODE

Eugenio v. Velez
G.R. No. 85140
May 17, 1990

Padilla, J.:

Facts:

The Varagases filed a petition for habeas corpus against petitioner Tomas Eugenio for
the illegal detainment of their deceased sister, Vitaliana Vargas, who died on 28 August
1988 but only revealed to the Court on September 29, 1988. The writ was issued by the
Court but the petitioner refused to surrender the dead body for a corpse may not be the
subject of habeas corpus proceedings. Petitioner filed an urgent motion to dismiss for the
lack of jurisdiction of the court over the nature of the action. Private respondents were
then granted leave to amend their petition. Thereafter, they invoked Art. 305 and 308 of
the Civil Code in saying that they are next of kin in the Philippines, therefore, they are
the legal custodians of the dead body of their deceased sister.

Issue:

Whether or not petitioner is entitled to custody of the deceased Vitaliana Vargas.

Held:

NO. Eugenio is not entitled to the custody of the body of the deceased for he is not even
related to Vitaliana Vargas. He claims that they are married under common law but the
Philippines does not recognize such marriage to be legally binding. Also, since Eugenio
is legally married to another woman, that provides for a legal impediment in which he
cannot remarry because of prior legal marriage. Lastly, since Vargas (deceased) died with
no near descendants or ascendants, her full-blood brothers and sisters are next in line as
provided by Section 1103 of the Revised Administrative Code:

Sec. 1103. Persons charged with duty of burial. — The immediate duty of
burying the body of a deceased person, regardless of the ultimate liability for the
expense thereof, shall devolve upon the persons hereinbelow specified:

xxx xxx xxx

(b) If the deceased was an unmarried man or woman, or a child,

and left any kin, the duty of burial shall devolve upon the nearest of kin of
the deceased, if they be adults and within the Philippines and in possession
of sufficient means to defray the necessary expenses.