Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

a
“aS
DB

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. aizt

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

Thousands of Filipinos live below the poverty line. Majority are just able to make ends meet.
But when sickness or death strikes, it is an added stress on the part of our countrymen on
how to come up with the required amount of money needed to settle hospital and funeral
costs. In @ country where the value of family is deeply ingrained in our culture, we like to
honor our dead by giving them a proper burial as a send-off.

It has been a common practice of hospitals and funeral parlors to hold hostage the death
Certificate or the human remains of our loved ones on account of non-payment in full of
expenses incurred. Though, there are some who agree on promissory notes, most do not.
This then becomes an added burden for the family who will then resort to loan sharks, sell
their belongings or at the extreme, commit crime just to raise the necessary funds to pay
for the said services.

This bill aims to relieve that stress by making mandatory the release of the human remains
and death certificates upon the execution of the proper Promissory notes.

{elitr fu

RA S. TAMBUNTING

It is for this reason that the approval of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. He

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
PROHIBITING THE HOLDING OR DETENTION OF HUMAN REMAINS OR
CADAVERS BY HOSPITALS, CLINICS, MORGUES, FUNERAL PARLORS FOR NON
PAYMENT OF HOSPITAL/MEDICAL BILLS AND FUNERAL EXPENSES

Be it enacted by the Senate and House of Representatives of the Philippines in the Congress
assembled:

SECTION 1. Short Title. - This Act shat be known as the “Anti-Human Remains/Cadaver
Detention Act of 2019.”

SECTION 2. Holding/Detaining of Human Remains or Cadavers. — It shall be
declared unlawful for any hospital, clinic, funeral parlor, Morgue, mortuary or any other
similar businesses that provides medical or funeral service to cause directly or indirectly,
the holding, detention of human remains or cadavers from being released to their surviving
relatives or any person taking responsibility for the body for reasons of non-payment in part
or in full of any hospital and medical bills or funeral related service, including autopsy,
transport of cadaver, embalmment, casket, wake services and burial or cremation.

SECTION 3. Release of Death Certificate. — It shall likewise be declared unlawful for
any individual to cause directly or indirectly the non-issuance of a Death Certificate on the
account of non-payment, whether in part or in full, of hospital bills, medical expenses,
professional fees and funeral related services.

SECTION 4. Execution of Promissory Notes, — Surviving relatives or any person taking
responsibility for the cadaver who are financially incapable of settling their hospital, medical
and/or funeral services, in part or in whole, shall be allowed to secure the cadaver, be
Provided with the death certificate and given the necessary burial/cremation services after
executing a proper promissory note to cover all accrued expenses. The said promissory note
shall be secured by a mortgage or by guarantee of a co-maker, who will be jointly and
severally liable with the relatives or responsible person/s for all the unpaid obligations. The
said promissory note/s are legally binding.

SECTION 5. Penalties. — Any person of the hospital or funeral parlor or morgue who
violates the provisions of this Act shall be fined Fifty Thousand Pesos (P50,000.00) or


imprisonment of sic (6) months, or both such fines at the discretion of the proper court.
The hospital, medical clinic, funeral Parlor, morgue or mortuary shall likewise be subjected
to suspension of their business permit for a period of three (months), subject to the severity
of their violations and upon recommendation of the City Health Officer and/or City Social
Worker.

Person/s who executed the Promissory note, together with their co-makers, who do not
comply with the terms as stated in their agreement, shall likewise be held equally liable,
subject to the conditions of their promissory notes and other penalties of which are at the
discretion of the proper court.

SECTION 6. Implementing Rules and. Regulations. - The Department of Health shall
promulgate the necessary rules and regulations for the Proper and effective implementation
of this Act.

SECTION 7. Separability Clause. - If, for any reason, a provision or part hereof is
declared invalid, other provisions not affected thereby shall remain in full force and effect.

SECTION 8. Repealing Clause. - All laws, decrees, executive orders, issuances,
regulations or parts or provisions of this Act, which are inconsistent herewith are hereby
deemed repealed, amended or modified.

SECTION 9. Effectivity Clause. — This Act shall take effect fifteen (15) days from the
date of its publication in two (2) newspapers of general circulation.

Approved,