Text of the provision
Art. 308. No human remains shall be retained, interred, disposed of or exhumed without the consent of the persons mentioned in articles 294 and 305.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
No human remains may be retained, interred, disposed of or exhumed without consent of the persons identified in articles 294 and 305 — that is, the same relatives who hold the right to arrange the funeral. A family member cannot act alone over the objection of those with a better or equal right.
Related provisions
- Article 307 — Following the Deceased’s Wishes.
- Article 309 — Disrespect to the Dead.
Cases citing this article
- Raymond Ang vs. Corazon Ang Sy and Belen Ang Casimiro, G.R. No. 234631, December 4, 2023 — read the decision on LawPhil →
- Fe Floro Valino vs. Rosario D. Adriano, et al, G.R. No. 182894, April 22, 2014 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.