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SEVENTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
S E N A T E  
S.B. No.
H F T K iV i;]) Hv.
Introduced by Senator Poe
AN ACT
AMENDING SECTION 95 (B) OF PRESIDENTIAL DECREE NO. 856 OR THE 
CODE ON SANITATION OF THE PHILIPPINES
Explanatory Note
Various news reports claim that in certain cases the Philippine National Police would 
allow the parents to sign a waiver against further investigation involving the death of their 
minor children. However, this dismisses the possibility that the cause of death of a minor may 
be due to gross negligence or foul play.
Presidential Decree No. 856 or the Code on Sanitation of the Philippines provides for 
cases when autopsies shall be performed. The provision, however, does not mandate for an 
immediate autopsy on a minor who may have probably died due to suspicious circumstances. 
Neither does it require that an autopsy be performed on an unidentified or unclaimed person 
who died due to apparent irregular causes.
This bill seeks to correct that by providing that an autopsy shall be conducted for 
these cases. In addition, the parent, guardian, or next of kin of a deceased minor shall not be 
allowed to sign a waiver against conducting an autopsy except for religious grounds, 
provided that this is substantiated by a document evidencing the religion of the deceased.
Justice should be afforded to the dead, whether unidentified or unclaimed, or whether 
he or she is a minor, if the death is due to suspicious circumstances. Thus, immediate 
approval of this measure is eagerly sought.
(O p
—
ACE POE


SEVENTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
S E N A T R  
S.B. No.
i'ir (Sfflta of t h e it * > . r r t ; i n i|
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KF,< LIVEN BY:
Introduced by Senator Poe
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AN ACT
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AMENDING SECTION 95 (B) OF PRESIDENTIAL DECREE NO. 856 OR THE
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CODE ON SANITATION OF THE PIHLIPPINES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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SECTION 1. Section 95 (b) of Presidential Decree No. 856, otherwise known as the
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“Code on Sanitation of the Philippines” is hereby amended to read as follows:
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Section 95. Autopsy and Dissection of Remains -  The autopsy and 
dissection of remains are subject to the following requirements:
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(b) Autopsies shall be performed in the following cases:
1. Whenever required by special laws;
2. Upon orders of a competent court, a mayor and a provincial or 
city fiscal;
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3. Upon written request of police authorities;
4. Whenever the Solicitor General, provincial or city fiscal as 
authorized by existing laws, shall deem it necessary to disinter and 
take possession of remains for examination to determine the cause 
of death; and


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5. Whenever the nearest kin shall request in writing the authorities 
concerned to ascertain the cause of death;
6. DEATH OF MINORS THAT REASONABLY APPEAR TO 
BE DUE TO FOUL PLAY OR GROSS NEGLIGENCE, AS 
DETERMINED 
BY 
POLICE 
AUTHORITIES 
OR 
THE 
DEPARTMENT OF JUSTICE;
IN NO CASE SHALL THE PARENT, GUARDIAN, OR NEXT 
OF KIN OF A DECEASED MINOR BE ALLOWED TO SIGN A 
WAIVER AGAINST CONDUCTING AN AUTOPSY, EXCEPT 
FOR RELIGIOUS GROUNDS, PROVIDED THAT PROOF OF 
RELIGION BE PRESENTED BY THE ALLEGING PARTY.
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7. DEATH UNDER SUSPICIOUS CIRCUMSTANCES, EVEN
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FOR UNCLAIMED OR UNIDENTIFIED BODIES.
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SECTION 2. Implementing Rules and Regulations. -  The Department of Health, in
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consultation with the Philippine National Police, the Department of Justice, and the
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Commission on Human Rights is hereby tasked to draft the implementing rules and
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regulations within sixty (60) days following its complete publication.
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SECTION 3. Appropriations. -  To carry out the provisions of this Act, such amount
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as may be necessary is hereby authorized to be appropriated from the National Treasury.
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Thereafter, the amount necessary for the continuous operation of the Program shall be
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included in the annual appropriation of the Department of Health.
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SECTION 4. Separability Clause. - If any provision of this Act is declared
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unconstitutional or invalid, other parts or provisions hereof not affected thereby shall
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continue to be in full force and effect.
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SECTION 5. Repealing Clause. - Any law, presidential decree or issuance, executive
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order, letter of instruction, administrative order, rule or regulation contrary to or is
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inconsistent with the provision of this Act is hereby repealed, modified, or amended
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accordingly.


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SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,