Valino (Petitioner) vs.

Adriano (Respondents)
G.R. No. 182894
April 22, 2014

Facts:

Atty. Adriano Adriano, a partner in the Pelaez Adriano and Gregorio Law office, married respondent
Rosario Adriano on November 15, 1955. They had two sons, Florante and Ruben Adriano, three
daughters, Rosario, Victoria and Maria Teresa and one adopted daughter, Leah Antonette. Atty. Adriano
and Rosario’s marriage turned sour and they separated-in-fact. Atty. Adriano courted Valino, one of his
clients, and they lived together as husband and wife; with Atty. Adriano providing financial support to
Rosario and their children. In 1992 Atty. Adriano died of acute emphysema. Rosario and their children
were spending Christmas in the United States of America during that time. Valino shouldered the
funeral and burial expenses as there were no family members around that time. Rosario learned the
death of her husband and requested that Valino delay the interment so they can pay their respects to
the dead but her request went unheeded. Atty. Adriano was then buried at the family mausoleum of
Valino at the Manila Memorial Park, with the respondents not being able to attend the burial.

Respondents filed a suit against Valino, claiming that they were deprived of the chance to see the
remains and attend the burial of Atty. Adriano while stating that his internment at the family
mausoleum of Valino is contrary to his wishes. They prayed that they be indemnified for actual, moral,
and exemplary damages and attorney’s fees and that the remains be exhumed and transferred to the
family plot at Holy Cross Memorial Cemetery.

Valino countered that Rosario and Atty. Adriano were separated for more than twenty years and she
had been introduced to his friends and colleagues as his wife. She stated that Atty. Adriano never forgot
to support the respondents and that she took care of him and paid his medical expenses when he got
seriously ill. She also stated that Rosario left for America even after learning the condition of Atty.
Adriano, and it is his last wish to be buried at the Valino family mausoleum. Valino claimed that she
suffered damages as a result of the suit against her and prayed that she be awarded moral and
exemplary damages and attorney’s fees.

Issue: Whether or not Valino or Adriano has the claim over the remains of Atty. Adriano.

Held: