SEVENTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
)
S E N A T E
S.B. No. 1307
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'17 JAN 24 P6 26
RECEIVfcO B j:
«
Introduced by Senator Francis N. Pangilinan
AN ACT REQUIRING MANDATORY AUTOPSY ON BODIES OF CRIME VICTIMS, 
DEATHS UNDER MYSTERIOUS AND SUSPICIOUS CIRCUMSTANCES, AND FOR
OTHER PURPOSES
EXPLANATORY NOTE
Forensic science plays a vital role in the criminal justice system. Among its 
various medical subspecialties, pathology lies at the forefront of forensic medicine 
primarily because of autopsy.1 Forensic autopsy is the “complete examination of the 
dead body, suspected of being the victim of foul play, principally for purposes of 
determining the identity of the deceased, the approximate time of death, the direction 
and proximate cause of death and other conclusions which may be required during the 
trial of the case.”2 
Upon proper examination of the dead body, evidence useful in 
reconstructing the crime scene can be discovered, thereby assisting the investigators in 
determining the real cause and circumstances surrounding the death of the victim. In 
fact, the most essential part of every death investigation is the performance of an 
autopsy.3
However, despite the obvious benefits of forensic autopsy as an instrument of 
justice, medico-legal officers face serious obstacles in taking advantage of the same.
At present, the Sanitation Code4 of the Philippines is the only relevant law in the 
country that deals with autopsies. Though updated in 1996, the Sanitation Code is 
nevertheless severely criticized for being antiquated, unrealistic and impractical. Several 
countries have already enacted laws mandating autopsies to prevent criminals from 
concealing evidence of their crime.
Alicor Panao, The Dead Tell No Tales But Their Bodies Do, available at http://www.uD.edu.ph/ upforum.php?i= 
125&archive=ves&vr=2006&mn=11. 
^
2 Pablo Anzures, Medical Jurisprudence 4 (Manila: Rex Publishing, 1963).
3 Sixto de los Angeles, Legal Medicine 133 (Manila: Pobre’s Press. 1934).
4 Pres. Decree No. 856 (1975).


The need for mandatory autopsy in certain instances cannot be overly 
emphasized. As it stands, the Sanitation Code is inadequate to enforce the overriding 
interest of the State to order a forensic autopsy in cases where a person died under 
violent or suspicious circumstances. Thus, it is imperative that a law regulating and 
mandating forensic autopsies be enacted. Hence, the author proposes to grant the 
State the right to order the autopsy of dead bodies believed to have died in a violent, 
suspicious, questionable, unusual and/or unnatural manner, while protecting the right of 
the deceased and their family to privacy.
Indeed, the “Mandatory Autopsy Act of 2017” must be passed in the Philippines 
to assist in the efficient administration of justice. The paramount interest of the State to 
prosecute criminal actions should not be frustrated by malevolent designs to erase the 
corpus delicti — the body of the crime itself -  to escape liability. By compelling forensic 
autopsies, the State can accomplish what the deceased can no longer do - -  point the 
finger at the perpetuator of the crime. After all, while dead men tell no tales, dead 
bodies certainly do. Thus, the passage of this bill is earnestly sought.
FRANCI
PANGILINAN


SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
)
SENATE
S.B. No. 1307
fS'E 
S5>ennte
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'17 
JAN 24 
P6 2 6
RECtlVEO br.
Introduced by Senator Francis N. Pangilinan
AN ACT REQUIRING MANDATORY AUTOPSY ON BODIES OF CRIME VICTIMS, 
DEATHS UNDER MYSTERIOUS AND SUSPICIOUS CIRCUMSTANCES, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives in the Philippines in 
Congress assembled:
1 
SECTION 1. Short Title. — This Act shall be known as the "Mandatory Autopsy
2 
Law of 2017."
3 
SEC. 2. Declaration of Policy. -  It is the policy of the State to promote peace and
4 
order, ensure public safety and further strengthen the government’s capability aimed
5 
towards the effective investigation and determination of causes of sudden, suspicious
6 
and violent deaths by requiring mandatory autopsies.
7 
SEC. 3. Mandatory Autopsy. -  Mandatory autopsy shall be performed in the
8 
following cases, subject to Section 95(b)(c) of Presidential Decree No. 856 or the Code
9 
on Sanitation:
10 
a) deaths resulting from commission of crimes;
11 
b) sudden deaths not caused by readily recognizable disease, or wherein the cause
12 
of death cannot properly be certified by a physician on the basis of prior (recent)
13 
medical attendance;
14 
c) deaths occurring under suspicious circumstances, including those where alcohol,
15 
drugs or other toxic substances may have had a direct bearing on the outcome;
16 
d) deaths occurring as a result of violence or trauma, whether apparently homicidal,
17 
suicidal or accidental, including, but not limited to, those due to mechanical,
18 
thermal, chemical, electrical or radiational injury, drowning, cave-ins and
19 
subsidence:
20 
e) operative and perioperative deaths in which the death is not readily explainable
21 
on the basis of prior disease;


1 
f) any death wherein the body is unidentified or unclaimed;
2 
g) deaths occurring in prison or a penal institution or while in the custody of the
3 
police; and
4 
h) deaths of persons whose bodies are to be cremated, buried at sea or otherwise
5 
disposed of so as to be thereafter unavailable for examination
6 
SEC. 4. Consent to Mandatory Autopsy. -  A mandatory autopsy shall be
7 
conducted by the authorized persons referred to in Section 4 notwithstanding the
8 
absence of and/or refusal to consent by the next of kin, should the death occur under
9 
the circumstances referred to in Section 3.
10 
SEC. 5. Persons Authorized to Autopsy. -  The autopsy required under this Act
11 
shall be performed by any of the following board certified forensic pathologists:
12 
a) Government health officers;
13 
b) Medical officers of law enforcement agencies; and
14 
c) Members of the medical staff of accredited hospitals;
15 
Provided, that, in the absence of a board certified forensic pathologist, the autopsy
16 
shall, in all cases, be performed under the supervision of a board certified pathologist.
17 
SEC. 6. Issuance of Death Certificates. -  No death certificate shall be issued in
18 
the absence of a mandatory autopsy report when the death falls under Section 3 of this
19 
Act.
20 
SEC. 7. Confidentiality of Records. -  Except upon lawful order of the Court, the
21 
autopsy report under this Act shall be privileged and shall not be disclosed directly or
22 
indirectly to anyone other than the investigative agency concerned and/or the next of kin
23 
of the deceased.
24 
SEC. 8. Penalty. -  Any violation of this Act shall be penalized under Presidential
25 
Decree No. 1829 otherwise known as “An Act Penalizing Obstruction, Apprehension,
26 
and Prosecution of Criminal Offenders" and other pertinent provisions of the Revised
27 
Penal Code.
28 
SEC. 9. Implementing Rules and Regulations. -  The Philippine National Police,
29 
National Bureau of Investigation (NBI) and the Department of Health (DOH) shall
30 
promulgate the necessary rules and regulations for the implementation of this Act. This
31 
shall be done immediately within sixty (60) days after the enactment of this law.


1 
SEC. 10. Repealing Clause. -  All laws, executive orders, presidential decrees,
2 
proclamations, rules, regulations, issuances and enactments or parts thereof
3 
inconsistent with this Act are hereby repealed or modified accordingly.
4 
SEC. 11. Separability Clause. -  If any provision of this Act, or any parts thereof, is
5 
declared unconstitutional, the same shall not affect the validity and effectivity of the
6 
other provisions of this Act.
7 
SEC. 12. Effectivity Clause. -  This Act shall take effect fifteen (15) days after its
8 
publication in the Official Gazette or in two (2) newspapers of general circulation in the
9 
Philippines.
10 
Approved,