FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Third Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Cuematories refer to mortuaries where corpses are cremated, or facilities for the disposal 
by incineration of the bodies of the dead. Recent years saw the rise of crematories in the 
country. Creination may serve as a funeral or postfiineral rite that is an alternative to the 
interment of an intact body in a casket. Cremated remains, which are not a health risk, may be 
buried or immured in memorial sites or cemeteries, or they may be legally retained by relatives 
or dispersed in a variety ofways and locations. 
Some people prefer cremation for personal reasons. Some people view cremation as a 
way of simplifying the funeral process. The cost factor also tends to make cremation attractive. 
Cremation is generally cheaper than traditional burial services. 
Cremation might also be preferable to some for environmental reasons. Burial is a 
known source of certain environmental contaminants, with the coffin itself being the major 
contaminant. The traditional burial also takes up a great deal of space. Many cemeteries, 
particularly in Japan and Europe have run out, or are starting to run out, of permanent space 
However, there is a growing body of research that indicates cremation has a significant 
impact on the environment as well. The major emissions from crematories are nitrogen oxides, 
carbon monoxide, sulfur dioxide, particulate matter, mercury, hydrofluoric acid, hydrochloric 
acid, NMVOCs, and other heavy metals, in addition to persistent organic pollutants (POP). 
According to the United Nations Environment Programme report on POP Emission Inventory 
Guidebook, emissions from crematories contribute 0.2% of the global emission of dioxins and 
furans. 


This Act regulates crematories to ensure that they do not pose hazards to public health 
w L 
AMD 
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OF THE PHILIPPINES 
Third Regular Session 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT REGULATING CREMATORIES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the “Crematories Regulation Act.” 
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and public order. 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
promote and protect the right to health of the people. Toward this end, no crematory shall be 
erected near a residential community where it would pose a hazard to health and air quality. The 
erection and maintenance of crematories shall be regulated in order to promote the public health 
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(b) 
“Secretary” refers to the Secretary of Health. 
SECTION 3. Dejinitions. -In this Act, the term - 
(a) 
“Crematory or crematorium” refers to a mortuary where corpses are cremated or a 
facility for the disposal by incineration of the bodies of the dead; and 
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SECTION 4. Erection and Maintenance of Crematories. - (a) Any natural person, 
partnership, corporation, or association may erect, maintain, and conduct a crematory and 
provide the necessary appliances and facilities for the disposal by incineration of the bodies of 
the dead, in accordance with the provisions of this Act. The location of such crematory shall be 
within the confines of an established cemetery containing not less than eight (8) hectares, which 


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cemetery shall have been in existence and operation for at least five ( 5 )  years immediately 
preceding the time of the erection of such crematory, or shall be within the confines of a plot of 
land approved for the location of a crematory by the sangguniang bayan or the sangguniang 
panlungsod of the inunicipality or city; Provided, that no crematory shall be located within one 
hundred fifty (150) meters of any residential structure or land used for residential purposes not 
owned by the owner of the crematory. 
(b) 
Application for such approval shall be made in writing to the local authority 
specified in subsection (a) of this section, and a hearing shall be held within the town or city in 
which such location is situated within sixty-five (65) days from the date of receipt of such 
application. Notice of such hearing shall be given to such applicant by mail, postage paid, to the 
address given on the application, and to Secretary of Health, and by publication twice in a 
newspaper having a substantial circulation in the town or city at intervals of not less than two (2) 
days, the first being not more than fifteen (15) nor less than ten (10) days, and the second being 
not less than two (2) days be€ore such hearing. The local authority shall approve or deny such 
application within sixty-five (65) days a
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such hearing. The grounds for its action shall be 
stated in the records, Each applicant shall pay a reasonable fee, together with the costs of the 
publication of such notice, as the local authority may determine by ordinance. 
(c) (1) No such crematory shall be erected until the plans therefor have been filed with 
and approved by the Secretary of Health; and no such crematory shall he used until it has been 
inspected and received a certificate of inspection by the Department of Health. 
(2) 
Each holder of an inspection certificate shall, annually, on or before July first, 
submit in writing to the Department of Health an application for renewal of such certificate. If 
the department issues to such applicant such an inspection certificate, the same shall be valid 
until July first next following, unless revoked or suspended. 
(3) 
Upon receipt of an application for a renewal of such certificate, the Department of 
Health shall male an inspection of each crematory. 
(4) 
A crematory shall be open at all times for inspection by the Department of Health. 
The department may make inspections whenever it deems advisable. 


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(5) 
If, upon inspection by the Department of Health, it is found that such crematory is 
in such condition as to be detrimental to public health, the department shall give to the applicant 
or operator of the crematory notice and opportunity Cor hearing as provided in regulations 
promulgated by the Secretary of Health. The Secretary may, after such hearing, revoke, suspend 
or refnse to issue or renew any such certificate upon cause found at hearing. 
(6) 
Any of the inspections provided for in this section may be made by a person 
designated by the Secretary of Health. 
SECTION 5. Records and Cert8cates. - The managers of each crematory shall keep 
books of record, which shall be open at reasonable times for inspection, in which shall be entered 
the name, age, sex, and residence of each person whose body is cremated, together with the 
authority for such cremation and the disposition of the ashes. The owner or superintendent shall 
complete the cremation permit required by section 6, retain a copy for record and immediately 
forward the original permit to the local registrar of the town or city in which the death occurred. 
The local registrar shall keep the cremation permit on file and record it with other vital statistics. 
When anybody is removed from a town or city where the death occurred for the purpose of 
cremation, the person having the legal ciistody and control of such body shall cause a certificate 
to be procufed from the person in charge of the crematory in which such body is incinerated, 
stating the facts called for in this section, and cause such certificate to be filed for record with the 
registrar of the town or city in which the death occurred. Each crematory shall retain on its 
premises, for not less than five ( 5 )  years after final disposition of cremated remains, boolts of 
record, copies of cremation permits, cremation authorization documentation, and documentation 
of receipt of cremated remains. 
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SECTION 6. Cremation Permit. - (a) The body of any deceased person may be disposed 
of by incineration or cremation in the town or city where the death occurred or may be removed 
fiom such town or city for such purpose. 
(b) 
The death certificate required by law shall be filed with the local registrar for the 
town or city in which such person died, if known, or, if not known, for the town in which the 


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body was found. The Chief Medical Examiner, Deputy Chief Medical Examiner, associate 
medical examiner, or an authorized assistant medical examiner shall complete the cremation 
certificate, staling that such medical examiner has made inquiry into the cause and manner of 
death and is of the opinion that no further examination is necessary. The cremation certificate 
shall be submitted to the local registrar of the town or city in which such person died, if known, 
or, if not known, of the town or city in which the body was found, or with the local registrar of 
the town or city in which the nearest kin or the person having lawful authority over the body is 
located. Upon receipt of the cremation certificate, the registrar shall authorize the cremation 
certificate, keep it on permanent record, and issue a cremation permit, except that if the 
cremation certificate is submitted io the registrar of the town or city where nearest kin or the 
person having lawful authority over the body is located, such certificate shall be forwarded to the 
registrar of the town or city where the person died to be kept on permanent record. When the 
cremation certificate is submitted to a town or city other than that where the person died, the 
local registrar such other town or city shall ascertain from the original removal, transit, and 
burial permit that the certificates required by the laws, rules, and regulations have been received 
and recorded, that the body has been prepared in accordance with laws, rules, and regulations, 
and that the entry regarding the place of disposal is correct. 
(c) 
No body shall be cremated until at least forty-eight (48) hours after death, unless 
such death was the result of communicable disease, and no body shall be received by any 
crematory unless accompanied by the permit provided for in this section. 
SECTION 7. Penalty. - Any person who makes any false statement in procuring any 
permit required by this Act, or who violates any provision of this Act, shall be fined not more 
than five thousand pesos (P5,OOO) or imprisoned not more than two (2) years, or both. 
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SECTION 8. Rules and Regulations. - The Secretary of Health shall issue the necessary 
rdes and regulations to carry out the objectives of this Act. 


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valid and subsisting. 
SECTION 9. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstilutional, the remainder of the law of the provision not otherwise affected shall remain 
SECTION 10, Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
of this Act is hereby repealed, modified, or amended accordingly. 
with, the provisioii 
SECTION 1. ESfectivity Clause, - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,