Short answer. Under Civil Code Article 305, the right to arrange a relative's funeral follows the same order used for support: descendants first, then ascendants, then siblings. Among relatives of the same degree, the oldest has priority. Among ascendants, the paternal side takes precedence.
What the law says
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.
Civil Code, Article 305 — Who Arranges the Funeral. Read the full provision →
The funeral-arrangement hierarchy
Article 305 gives a fixed order for determining who has the right to arrange a relative's funeral. It follows the same priority sequence used for support obligations under the Civil Code — a hierarchy that runs through the family from closest to most distant, giving preference to those with the most direct relationship to the deceased. Descendants come before ascendants, who come before siblings. The article is both a right and a duty: the person at the head of the applicable order has the authority to make the arrangements and bears the corresponding responsibility to do so.
When relatives of the same degree disagree
Disputes commonly arise among children of the deceased — all of whom are at the same degree of relationship. Article 305 resolves this by giving preference to the oldest. Among descendants of the same degree, such as all the children, or among brothers and sisters of the deceased, the eldest has the superior right. Age breaks the tie. A younger sibling or child cannot override the decision of the oldest by a majority vote of the others; the law puts the oldest in the deciding position.
Paternal ascendants over maternal ascendants
A separate tie-breaking rule applies when the dispute is among ascendants. Article 305 states that among ascendants, the paternal side has the better right. If both sets of grandparents are living and disagree about the funeral of a grandchild, the paternal grandparents take precedence. This rule reflects a provision of the Civil Code as originally enacted; it does not depend on which side was closer to the deceased in practice. The paternal line prevails among ascendants regardless of proximity or relationship quality.
What this means in a real family dispute
When a family member dies and relatives immediately begin disagreeing — about where the wake will be held, which funeral home to use, where burial will take place, or what rites should be observed — Article 305 provides a legal answer to who gets to decide. The person at the top of the applicable hierarchy under Article 305 is not required to get the consent of other relatives, though family harmony often suggests it. If you believe someone is wrongfully taking over funeral arrangements in a way that violates this order, or if you are trying to prevent a relative from interfering with arrangements you have the right to make, speaking with a lawyer promptly can help clarify your legal position before irreversible decisions are made.
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 →