Short answer. It depends on the relationship. Article 305 first follows the general priority order used for support obligations. Within that order, if the tie is among descendants of the same degree or among brothers and sisters, the oldest is preferred; if the tie is among ascendants of the same degree, the paternal side has the better right.
What the law says
The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support
Civil Code, Article 305 — Who Arranges the Funeral. Read the full provision →
What the law says
In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred.
Civil Code, Article 305 — Who Arranges the Funeral. Read the full provision →
What the law says
In case of ascendants, the paternal shall have a better right.
Civil Code, Article 305 — Who Arranges the Funeral. Read the full provision →
The starting point: the support-priority order
Article 305 provides that the duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support. So the starting point is not a separate funeral-specific ranking; it borrows the same priority order the Civil Code already sets for who is obligated to provide support to a person, and applies that same order to who has the right to arrange the funeral.
Tie among descendants or siblings: oldest wins
The article then adds a specific tie-breaker for one situation: in case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. So where the support-priority order places two or more descendants of the same degree, or two or more siblings, on equal footing, age settles the tie — the oldest among them is the one given the right to arrange the funeral.
Tie among ascendants: paternal side wins
A separate tie-breaker applies to ascendants specifically: in case of ascendants, the paternal shall have a better right. So where two or more ascendants of the deceased are of the same degree — for example, both grandparents on one generation level — and are otherwise tied under the support-priority order, the article resolves that tie in favor of the paternal side.
Applying this to paternal and maternal relatives
Applying this to your question, whether the paternal or maternal side has priority depends on which relatives are actually being compared and whether they are tied under the general support-priority order in the first place. The article's paternal-preference rule is specifically a tie-breaker among ascendants of the same degree — it does not, by itself, establish that the paternal side generally outranks the maternal side across every kind of relative.
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 →