Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 5036

INTRODUCED BY HON.LUIS JOSE ANGEL N. CAMPOS, JR, HON. MANUEL.
MONSOUR T, DEL ROSARIO III, HON. JOHN MARVIN “YUL SERVO" C, NIETO,
HON. MANUEL LUIS T, LOPEZ AND HON. ROSENDA ANN OCAMPO,

EXPLANATORY NOTE

The loss of a loved one is already an ordeal by itself, The cost of paying for the
loved one’s final rites and resting place is simultaneously an emotional and financial
hardship. To add to the foregoing ordeals it has become commonplace for persons to
take advantage of these people who have suffered losing, a loved one.

Apart from the typical ambulance chasers, malicious elements have preyed upon
our countrymen who have suffered the loss of a loved one and are unable to defray the
expenses for setting, up the final resting place of their fallen loved one. Even public
authorities abuse their authority and compel the families of the deceased to undertake
the services of selected funeral homes and related services that charge unconscionably in
order to gain a commission.

The proper burial of our departed is deeply enshrined not only in our culture but
in our faith, The transgressions committed by these persons upon their victims is an
outrage not only against basic human decency but against our society as well

This bill seeks to punish and impose criminal liability upon any person who
would in any manner take advantage of any person who has lost a loved one and is

unable to pay for the expenses.

For the foregoing reasons, the passage of this bill is earnestly sought

‘L MONSOUR T. DEL ROSARIO IL

fs T. LOPEZ

pel NESE
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Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. S086

INTRODUCED BY HON.LUIS JOSE ANGEL N. CAMPOS, JR, HON. MANUEL
MONSOUR T. DEL ROSARIO III, HON. JOHN MARVIN “YUL SERVO” C, NIETO,
HON. MANUEL LUIS T. LOPEZ AND HON. ROSENDA ANN OCAMPO.

AN ACT PUNISHING HARASSMENT OR EXPLOITATION OF FAMILIES OR
PERSONS WHO ARE UNABLE TO PAY FOR FUNERAL AND OTHER RELATED
EXPENSES

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

SECTION 1. Short Title - ‘This act shall be known as “The Grieve

's Protection
Act”

SECTION 2. Declaration of Policy ~ It is the State’s duty to promote social justice in
all phases of national development, It is also the State’s duty to value the dignity of every
human person and to guarantee full respect for human rights. This bill seeks to
safeguard the families of the deceased against harassment and exploitation while the
family settles the expenses incurred during the funeral and final rites of the deceased,

SECTION 3. Definition of Terms.

(a) Family Members - For the purposes of this act, the following shall be
considered members of the family

1.) Spouses;
2.) Legitimate ascendants and descendants;
3.) Illegitimate ascendants and descendants;
4,) Relatives by blood within the fourth civil degree;
5.) Brothers and sisters, whether full or half blood.
(b) Death Care Industry - This term includes all persons who provide goods
and services needed for preparing the body of the deceased for final rites such as but not
limited to embalmment, cremation, funeral parlors and the similar services. It shall also

include morgues, funeral homes, memorials, burials, cemeteries, and other related
establishments.


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SECTION 4. Unlawful Act - It shall be unlawful for any person to harass or
exploit, as defined under this Act, persons who are unable to defray the funeral, morgue,
embalmment, and other death care industry related expenses of their deceased family
member.

SECTION 5. Forms of Harassment/Exploitation - The following acts committed
against a person who just suffered the death of a family member shall constitute a
violation of this act:

(a) Compelling, by force, intimidation, deceit, or any other means, a person to
undertake the services of a morgue, embalmment, funeral, crematorium or
any other related services.

The family members shall have the right to pick which death care industry
company shall cater to the final needs of the deceased.

In instances where the deceased is a victim of a crime, was involved in an
accident, or any other instance where the family members left behind is not
notified immediately of the death of the deceased, only the most basic services
required to preserve the body may be rendered by the morgue retrieving the
body.

(b) Charging exorbitant fees for services
industry.

rendered by those in the death care

The fair value charged by those in the death care industry or businesses such
as funeral homes, crematoriums, morgues, chapels and other related
businesses shall not be deemed a violation of this provision. Fair value shall be
the average amount charged by those providing the same service in the same
city or municipality

(c) The fees charged by those in the cleath care industry shall be made known to
the family member arranging the final rites and resting place of the deceased
Failure to properly notify the said family member, in writing, before he/she
avails of any death care industry service shall constitute a violation of this act.

SECTION 6, Penalty - Any person found guilty of violating this act shall be
punished by a fine of not less than Fifty thousand pesos (°50,000.00), but not more than
One hundred fifty thousand pesos (P150,000.00), or imprisonment of not less than three
(3) months, but not more than six (6) months, or both such fine and imprisonment, at the
discretion of the proper court.

SECTION 7. Penalty on Public Officers ~ Any public officer, as defined under the
Revised Penal Code of the Philippines, who shall use his/her position to commit the
offense punished under this act shall suffer the maximum penalty imposed by this act
The foregoing shall not prejudice the filing of the appropriate administrative sanctions

SECTION 8. Separnbilify clause - If any part or provision of this Act is declared
invalid or unconstitutional, the other parts thereof not affected thereby shall remain
valid.


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SECTION 9. Repealing Clause ~ All laws, decrees, orders, rules and regulation or
part thereof inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 10. Effectivity Clause - This Act shall take effect fifteen (15) days upon
completion of its publication in at least two (2) national newspapers of general
circulation.

ONOTARON=

Approved,