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Fe Floro Valino Vs. Rosario D. Adriano, et al. [Dissenting Opinion J. Leonen]

G.R. No. 182894 - FE FLORO V ALINO, Petitioner, vs. ROSARIO D. ADRIANO, FLORANTE D. ADRIANO, RUBEN ADRIANO, MARIA TERESA ADRIANO ONGOCO, VICTORIA and LEAH ANTONETTE D. ADRIANO, Respondents. [Dissenting Opinion J. Leonen]

G.R. No. 182894 | 2014-04-22

EN BANC

 

DISSENTING OPINION

 


LEONEN, J.:

 

We will all die. But what may matter to many of us is how we live and how our life is kept in the memories of those we leave behind. This case is not about whether a common-law wife has more rights over the corpse of the husband than the latter's estranged legal spouse. This case is about which between them knows his wishes.


Therefore, I respectfully disagree with the ponencia in denying this petition.


I vote to set aside the decision of the Court of Appeals dated October 2, 2006 in CA-G.R. CV No. 61613, which directs petitioner Fe to have the...