Short answer. The person legally obliged to arrange the funeral decides, after consulting the rest of the family. Article 307 first looks to the deceased's expressed wishes, then to religious beliefs; when neither exists, as with a parent who had no religion and left no instructions, the decision falls to whoever must arrange the funeral, not to any one family member alone.
What the law says
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.
Civil Code, Article 307 — Following the Deceased’s Wishes. Read the full provision →
The order Article 307 follows
Article 307 sets out a three-step order for deciding how a funeral is conducted. First, the funeral follows the expressed wishes of the deceased, if any were made known. Second, in the absence of any expressed wish, the deceased's religious beliefs or affiliation determine the funeral rites. Third, when there is doubt — meaning neither an expressed wish nor a religious affiliation settles the question — the form of the funeral is decided by the person obliged to make the arrangements, after consulting the rest of the family. The steps are meant to be followed in that sequence, not picked from freely.
Why the religion step doesn't apply here
Where a parent had no religion, the second step in Article 307 simply has nothing to determine, since there is no religious belief or affiliation to point to. Combined with the fact that no wish was ever expressed, both of the first two steps fall away, and the situation lands squarely in the third: a case of doubt as the article defines it. That is what triggers the rule that the person obliged to arrange the funeral, rather than religious custom or a documented preference, gets to settle the form it takes.
Who is 'the person obliged to make arrangements'
Article 307 does not spell out a fixed list of who counts as 'the person obliged to make arrangements' — the identity of that person depends on the family's own circumstances, such as who is responsible for the deceased's affairs or who is stepping up to handle the burial. What the article does make clear is that this decision is not left to whichever relative simply asserts control first, nor is it split by majority vote among all relatives; the law places the decision with a specific person carrying that obligation, once no wish or religious affiliation resolves the question.
The consultation requirement
That person is not free to decide alone, however. Article 307 requires the decision to be made after consulting the other members of the family, so the process is meant to involve the rest of the family's input even though the final call rests with the person obliged to arrange the funeral. Where the family cannot agree at all, the article's text does not describe a further procedure, so the practical answer for a disputed case will depend on facts the statute alone cannot resolve.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Fe Floro Valino vs. Rosario D. Adriano, et al, G.R. No. 182894, April 22, 2014 — read the decision on LawPhil →
- Raymond Ang vs. Corazon Ang Sy and Belen Ang Casimiro, G.R. No. 234631, December 4, 2023 — read the decision on LawPhil →