7,
RECEIVED
TA
E CATE: Aug 13 29 |
‘epublic of the Philippines \ TIME: tdctpm 0!
HOUSE OF REPRESENTATIVES iy
Quezon City

Eighteenth Congress
Second Regular Session

HOUSE BILL No,_7378

Introduced by Representative JAKE VINCENT S. VILLA

AN ACT
REGULATING CREMATORIES

EXPLANATORY NOTE

In our current situation when crematories are the ideal way of handling the bodies of the
deceased due to the COVID-19 pandemic, cremation may serve as a funeral or post-funeral
rite that is a viable alternative to an interment of an intact body in a casket. Cremated remains
imposes no health risk and may be retained by relatives for proper handling.

Lives taken by the COVID-19 pandemic followed by rapid cremations are considered
second tragedy to the family members and friends of the deceased'. Moreover, due to the
rise of cremations, there is a growing body of research that indicates cremation has a
significant impact on the environment. Emissions from crematories include, nitrogen
oxides, carbon monoxide, sulfur dioxide, particular matter, mercury, hydrofluoric acid,
hydrochloric acid, NMVOCs, and other heavy metals, in addition to persistent organic
pollutants.

This measure aims to regulate crematories to ensure that they are up to standards in terms
of not posing hazards to public health and the environment.

* https://theaseanpost.com/article/cremation-traumatises-virus-hit-philippines,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
Second Regular Session

HOUSE BILL No._7378

Introduced by Representative JAKE VINCENT S. VILLA

AN ACT
REGULATING CREMATORIES

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

SECTION 1. Short Title. — This Act shall be known as “Crematories Regulation Act”

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, 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 and
the environment.

SECTION 3. Definitions. —In this Act, the term —

(a) “Crematory or crematorium” refers to a mortuary where corpses are entered or a
facility for the disposal by incineration of the bodies of the dead; and

(b) “Secretary” refers to the Secretary of the Department of Health.

SECTION 4. Erection and Maintenance of Crematories. - 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
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 concerned Local Government Unit;
Provided, that no crematory shall be located within one hundred fifty (150) meters of any
residential structure or land used for the residential purpose not owned by the owner of the
crematory,

a) Application for such approval shall be made in writing to the concerned Local


Government Unit 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 before
such hearing. The local authority shall approve or deny such application within sixty-
five (65) days after 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.

b) (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 be 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 of
cach year, 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 only until July first the following year, unless
revoked or suspended.

(3) Upon receipt of an application for a renewal of such certificate, the Department
of Health shall make an inspection of each crematory.

(4) A crematory shall be open at all times for inspection by the Department of Health.
The Department of Health may make inspections whenever it deems reasonable and
advisable.

(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 of Health
shall give to the applicant or operator of the crematory notice and opportunity for
hearing as provided in regulations promulgated by the Secretary of Health. The
Secretary may, after such hearing, revoke, suspend or refuse 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 Certificates. — 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 manager 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 statistics. When a body of the deceased is removed from a town or city where the
death occurred for the purpose of cremation, the person having the legal custody and control
of such body shall state the facts called for in this section, and cause such certificate to be
filed for record with the local registrar of the town or city in which the death occurred. Each
crematory shall retain in its premises, for not less than five (5) years after final disposition
of cremated remains, books of record, copies of cremation permits, cremation authorization
documentation, and documentation or receipt of cremated remains.

SECTION 6. Cremation Permit, —

(@) The body of any deceased may be disposed of by incineration or cremation in the
town or city where the death occurred or may be removed from such town or city for
such purpose.

(b) The death certificate required by law shall be filed with the local registrar of the
town or city in which such person died, if known, or, if not know, in the town in
which the body was found. The Chief Medical Examiner, Deputy Medical Examiner,
associate medical examiner, or an authorized assistant medical examiner shall
complete the cremation certificate, stating that such medical examiner has made
inquiry into the cause and manner of death and is of the opinion and 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 to the register 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 of 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, and that the body has been prepared in accordance with laws, rules, and
regulations, and that the entry regarding the place of disposal is correct.

(©) 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 (P5,000) or imprisoned of not more than two (2) years, or both

SECTION 8. Rules and Regulations. — The Secretary of the Department of Health shall
issue the necessary rules and regulations to carry out the objectives of this Act.


SECTION 9. Separability Clause. — If any provision or part thereof is held invalid or
unconstitutional, the remainder of the law of the provision not otherwise affected shall
remain valid and subsisting,

SECTION 10. Repealing Clause. ~ Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent,
with the provisions of this Act is hereby repealed, modified or amended accordingly.

SECTION 11. Effectivity. — This act shall take effect fifteen (15) days after its publication
in at least two (2) newspaper of general circulation.

Approved.