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ATTY.

RAEMMAN MANIBA LAGRADA


2nd Floor Cabasan Building,
Capadocia St., San Jose, Antique
Tel No. 09171228401

December 7, 2020

Keenilyn delos Santos-Apostol


Marr Kenneth delos Santos-Apostol
Igmedio delos Santos-Apostol

Madam/Messrs:

I am writing to you in behalf of my client Edsel G. Apostol of


Poblacion V, Hamtic, Antique. He is the child of the deceased Pio B. Apostol
who is now lying in state at Talisayan, Anini-y, Antique. My client is
requesting that the body be transferred to his residence at Poblacion V,
Hamtic, Antique so that they, along with their relatives can also pay their
respects and hold a wake on his behalf.

Under Art. 305 of the Civil Code,

“ The duty and the right to make arrangements for the funeral of a
relative shall be in accordance with the order of established for support
under Art. 294 In case of descendants of the same degree, or of brothers
and sisters, the oldest shall be preferred. In case of descendants, the
paternal shall have a better right.

Under the law, in the absence of the spouse, the duty and the right
to make arrangements for the funeral of a relative falls to his surviving
descendant and in case of descendants of the same degree, the said right
falls on the Eldest.
In this case, considering that Edsel G. Apostol is the eldest of all of
Pio B. Apostol’s descendant, he has the priority legal right to decide on the
place and time of the wake, funeral and internment.

Your act of denying Edsel G. Apostol of his rights to decide on his


father’s wake, funeral and internment is a violation of his rights provided
under the law, specifically the Civil Code of the Philippines.

Hence, it will be to your best interest to agree to the request of Mr.


Edsel G. Apostol. In case you decide to deny him of his rights, we will be
constrained to file the appropriate case in court to safeguard my client’s
interest.

It is highly encouraged that you reach out to the undersigned in


order to settle the matter at hand. You can reach me at 09171228401 in
order to set an appointment within five (5) days from receipt of this
letter.
Please give this matter your preferential attention.

Atty. Raemman Maniba Lagrada

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