Fifteenth Congress
First Regular Session

HOUSE BILLNo,_ 2299

Introduced by Honorable Godofredo V. Arquiza

EXPLANATORY NOTE
This bill seeks to provide a burial space for the poor senior citizens.
Section 9, Article II of the 1987 Constitution states:

“The State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the nation
and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all.”

Further, Section 10, Article II, provides:

“The State shall promote social justice in all phases of
national development.”

The Constitution mandates the State to promote social justice in all
phases of national development. In the fulfilment of this duty, the State
must give preferential attention to the welfare of the less fortunate
members of the community - the poor, the unschooled, the disabled, the
underprivileged, and those who have less in life, such as the poor senior
citizens.

The Preamble calls for the establishment of a “just and humane
society” and a government that shall “promote the common good”. Such a
society must ensure the prosperity and independence of the nation and
free the underprivileged and the marginalized sectors of our population
from poverty. The goal is to reduce the political and economic power of a
privileged few by equalizing widely differing standards and to raise the
masses of our people from a life of misery and deprivation to a qualitative
life worthy of human dignity and respect.


For several years, we recognize that the senior citizens had made
valuable contributions to our country. Existing laws have granted benefits
for sickness and disability for citizens in their twilight years who are
without any means of support. It is about time that we consider the plight
of the unfortunate ones and repay their services by reserving a solemn
place which they can call their very own. It is in recognition of their role as
valuable members of the Filipino family that the State is mandated by the
Constitution to assure their welfare.

In view of the foregoing considerations, approval of this bill is
earnestly sought.

GODOFREDO V. ARQUIZA
Senior Citizen Party List


Fifteenth Congress
First Regular Session

HOUSE BILLNO.__2299

Introduced by Honorable Godofredo V. Arquiza

AN ACT PROVIDING FOR BURIAL SPACE
TO QUALIFIED SENIOR CITIZENS
AND APPROPRIATING FUNDS THEREFORE

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

Section 1, Short Title. - This Act shall be known as the “Senior Citizens
Burial Space Act of 2010.”

Section 2. Declaration of Policy. - Section 10 of the Declaration of
Principles and State Policies of the 1987 Constitution provides: "The State
shall provide social justice in all phases of national development." Further,
Article XIII, Section 11 provides: " The State shall adopt an integrated and
comprehensive approach to health and other social services available to all
the people at affordable cost. There shall be priority for the needs of the
underprivileged, sick, elderly, disabled, women and children." Consonant
with these constitutional principles the following are the declared policies
of this Act:

(a) To recognize the rights of the underprivileged senior
citizens to have their proper place in society;

(b) To provide a burial space for the poor deceased
senior citizens and recognize their important role in the
society;

(©) To recognize the vital role of the Local Government
in the welfare of poor senior citizens and to actively seek
their partnership;


(b) To encourage the Filipino family to reaffirm the
valued Filipino tradition of caring for the senior citizens;

(c) To give full support to the improvement of the total
well-being of the poor elderly considering that senior
citizens are integral part of Philippine society;

In accordance with these policies, this Act aims to:

(1) adopt measures whereby our poor deceased
senior citizens are provided with a burial space at a
local public cemetery in every city or municipality;

(3) establish a program beneficial to the surviving
family of the poor deceased senior citizens; and

(4) establish programs in every political unit of
society towards this objective.

Section 3. Definition of Terms. - For purposes of this Act, these terms are
defined as follows:

(a) "Senior citizen" or “elderly” shall mean any resident citizen of the
Philippines at least sixty (60) years old or older as defined in
Republic Act No. 9257, otherwise known as the “Expanded Senior
Citizens Act of 2003.”

(b) "Benefactor" shall mean any person whether related to the senior
citizens or not, who takes care of him/her as a dependent;

(c) "Local Government unit " shall mean - as defined in the Local
Government Code, as amended; and

(d) “Burial Space” shall mean one of several tombstones in an
apartment monument erected to perpetuate the memory of the dead;

Section 4. Burial Space. - There shall be a burial space for the qualified
poor senior citizens, wherein every local government that has a public
cemetery shall reserve a burial space or apartment to the poor deserving
senior citizens who have passed away;


Section 5. Qualifications. - To avail of the burial space, a deceased senior
citizen, at the time of his/her death must be:

a) a Filipino citizen;

b) without any other source of income or without relatives
capable of giving burial assistance; and

c) Must be within the poverty threshold as determined by the
DSWD.

For purposes of this Act, the underprivileged deceased senior
citizen shall have been previously issued a special Beneficiary
Card (BC) by the Department of Social Welfare and
Development (DSWD) which shall entitle the deceased to a
burial space in accordance with this Act.

Section 6. Funeral financial assistance. - Other benefits extended to
qualified senior citizens shall include funeral assistance in the amount of
Ten Thousand Pesos (PhP 10,000.00) to help the family in the funeral
expenses; Provided, that the family of the deceased senior citizen shall
present a Certified True Copy of his Death Certificate, issued by the Local
Civil Registrar's Office of the locality where the senior citizen died.

‘The application for funeral assistance shall be filed by the Benefactor
with the DSWD.

Section 7. Government Assistance. - The Government shall provide the
following:

The Department of Social Welfare and Development (DSWD),
in coordination with Local Government Units (LGUs) and the
Office of the Senior Citizens Affairs (OSCA), shall institute a
program in pursuance of the objectives of this Act.

The Local Government Units shall have the following functions:

(a) To plan, implement and monitor yearly programs in
pursuance of the objectives of this Act;

(b) To draw up a list of available burial spaces and
apartments which can be provided to the poor deceased
senior citizens;


(c) To maintain and regularly update, on a quarterly
basis, the list of senior citizens who have availed and
used the burial apartments;

(d) To service as a General Information and Liaison
Center to serve the needs of the surviving relatives of the
deceased senior citizens;

(e) To monitor compliance of the provisions of this Act
particularly the grant of burial apartments and funeral
financial assistance to the poor deceased senior citizens;

(f) To report to the mayor, found violating any provision
of this Act; and

(g) To assist the surviving relatives of the deceased
senior citizens in filing complaints or charges against any
public cemetery refusing to comply with the privileges
under this Act before the Department of Justice or the
provincial, city or municipal trial court.

Section 8. Municipal/ City Responsibility. - It shall be the responsibility of
the Municipality/City, through the Mayor to prominently display posters,
stickers, and other notices that will generate public awareness of the rights
and privileges of the poor deceased senior citizens, to ensure that the
provisions of this Act are implemented to its fullest.

Section. 9. Partnership of the National and Local Government Units. -
The national government and local government units shall undertake to
ensure the implementation of this Act in their respective territorial
jurisdictions.

Section 10. Support of Private Cemeteries - Private cemeteries dedicated
to the promotion, enhancement and support of the welfare of senior
citizens are hereby encouraged to become partners of the government in
the implementation of this program.

Accordingly, the government shall recognize the vital role of private
cemeteries in complementing the government in the delivery of services to
senior citizens such that the Local Government Unit concerned may allow a
tax deduction on the payment of its real estate taxes.


Section 11. Implementing Rules and Regulations. - The Secretary of
Social Welfare and Development, within ninety (90) days from the
approval of this Act, shall promulgate the implementing, rules and
regulations for the effective implementation of the provisions of this Act in
consultation and coordination with the Department of Interior and Local
Government.

Section. 12. Appropriation. - The necessary appropriation for the
operation of this Act shall be appropriated and approved by the local
government units concerned. The amount necessary to carry out the
provisions of this Act upon its effectivity shall be charged out of the funds
of the Office of the President. Thereafter, any such sum as shall be needed
for the regular implementation of this Act shall be included in subsequent
General Appropriations Act following its enactment into law.

Section 13. Effectivity. - This Act shall take effect within fifteen (15) days
after publication in the Official Gazette or in two (2) national newspapers
of general circulation.

Approved,

Senior fitizen Party List