Centered in Filipino tradition is the annual gathering of families every November 1 and 2 to remember and honor their departed loved ones on All Saints’ Day and All Souls’ Day, respectively. Over the weekend, I visited the resting place of my late mother and the rest of my departed kin.
Amidst the heartfelt conversations, shared meals, and joyful reunions, I am reminded that these sacred days are not only about remembering the dead; they’re about reconciling with the living and expressing gratitude for the past.
Succession law in the Philippines is not simply a framework for the transfer of property upon a person’s death, but rather it is deeply intertwined with the values of reconciliation, gratitude, and the preservation of family ties. The Civil Code of the Philippines, which governs succession, reflects these ideals.
For instance, a last will and testament. We understand it as legal instruments where compulsory heirs are entitled to their inheritance, but in many ways, it can be gleaned as a legal love letter. It allows the testator to say “Thank you” or even “I forgive you” one last time. The wills provide an opportunity for individuals to make peace with estranged relatives and extend gratitude to those who have shared in their journey.
The spirit of reconciliation finds poignant expression in Neyra vs. Neyra, CA-G.R. No. 4, March 21, 1946, where the Supreme Court recounted how, on All Saints’ Day, a dying woman, Encarnacion Neyra, sought not only to receive the sacraments but also to reconcile with her only sister, Trinidad. In this case, Encarnacion, facing her impending death, executed a new will that revoked her earlier testament and instituted her sister Trinidad, with whom she had long been estranged, as her primary heir. But, as the Court beautifully observed, “above the logic of the head is the feeling in the heart, and the heart has reasons of its own which the head cannot always understand, as in the case of intuitive knowledge of eternal verity.” This case beautifully illustrates how the living, in honoring the dead, are also called to heal old wounds and express gratitude, values that are at the heart of All Saints’ Day and All Souls’ Day.
Our courts have consistently held that the will of the testator must be given utmost respect, so long as it conforms with legal requirements. This judicial deference recognizes that a person’s final wishes often embody acts of reconciliation and generosity that transcend material considerations.
A significant Filipino tradition is also the visiting of graves on All Saints’ Day and Souls’ Day which is recognized by the courts as a source of consolation and a means of honoring the dead. The court held in City of Manila vs. Intermediate Appeallate Court, G.R. No. 69270, July 26, 1989, that “appellants have found great consolation in their bereavement from the loss of their family head, by visiting his grave on special or even ordinary occasions, but particularly on All Saints’ Day, in keeping with the deep, beautiful and Catholic Filipino tradition of revering the memory of their dead.”
This recognition by the court underscores that acts of remembrance such as visiting cemeteries, lighting candles, or offering prayers are not merely sentimental rituals, but reflections of the nation’s deeply rooted values of faith and family.
In fact, even during times of national emergency, the State has upheld the importance of these traditions. General Order 50 in 1974, issued during the martial law period, notably suspended the curfew on All Saints’ Day to allow Filipinos to visit the graves of their loved ones. This gesture highlights how the government itself has long acknowledged the societal value of remembrance, recognizing it as a form of moral and emotional restoration that strengthens community and family ties.
In the same spirit, Presidential Proclamation 727, issued by President Ferdinand R. Marcos Jr., declares Oct. 31, 2025 (Friday) as a special non-working day to give Filipinos more time to meaningfully observe All Saints’ Day and All Souls’ Day, further affirming the enduring significance of these deeply rooted Filipino traditions.
Every November, law and tradition meet halfway. The courts remind us that remembrance is more than ritual; it’s a moral duty. So as we sweep tombs, light candles, offer prayers, and maybe share a pancit with our loved ones beside their marble plaque, let’s remember that honoring the dead means living rightly: reconciling, forgiving, and being grateful while there’s still time. Because in the end, the true measure of remembrance isn’t in flowers or candles, but in peace among the living.