EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
S E N A T E
s. No. 93.1
o( tjjf Ifcrtrftarjp
'If 
AUG 20 P2:36
Introduced by Senator Grace Poe
RECEi .'lU of'.
AN ACT
PROVIDING BURIAL ASSISTANCE FOR UNCLAIMED REMAINS AND FOR 
INDIGENT DECEDENTS, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES.
Explanatory Note
The rise of extrajudicial and vigilante killings in the war on drugs has resulted 
in a concurrent rise in unclaimed bodies at funeral homes. Reports have surfaced 
that victims of extrajudicial killings are given a pauper's burial only after "months" of 
stay at a funeral home. In these cases, unclaimed bodies remain floating in 
rectangular pools of formaldehyde for months. Many of the dead remained 
unidentified, unclaimed and unmourned. In other cases, it has been reported that 
mass burials of victims of extrajudicial killings are being conducted, with no priest to 
bless the dead, and with no one else present except for cemetery personnel.1
At present, the Department of Social Welfare and Development (DSWD), 
through its Protective Sen/ices Program, offers various types of assistance to those 
in need which include the Assistance to Individuals in Crisis Situations (AICS). As the 
lead agency in social protection, the DSWD places emphasis in ensuring that 
indigent and vulnerable individuals are provided with the necessary assistance to 
help them cope during crisis situations. Under AICS, the DSWD provides medical, 
educational, burial and transportation assistance to persons/families in crisis 
situations, specifically those belonging to the informal sector and other poor, 
marginalized, vulnerable, and disadvantaged individuals.2
This bill aims to expand the existing AICS by mandating burial assistance to 
indigent decedents whose bodies remain unclaimed or unidentified, regardless of the 
cause of death, whether crime-related or not. 
Under the bill, if the Crisis 
Intervention Unit (CIU) of the DSWD determines that the body of the decedent
http://newsinFo.inquirer.net/8l 8194/11-eik-victims-given-paiipers-burial 
http://w\vw.aov.ph/20 J 5/06/25/dswd-extends-operations-ror-indieents-seekin»-aid/


remain unclaimed, or, if claimed by the decedent's next of kin, the decedent belongs 
to an indigent family, the DSWD shall provide burial assistance either by directly 
contracting with burial service providers or by granting financial assistance to the 
next of kin. The bill fixes burial assistance to an initial sum of ten thousand pesos 
(P10,000.00), adjustable to present value every six years. 
Burial assistance shall 
defray the costs of the casket or urn, embalming, cremation, and other related burial 
services such as viewing or wake cost and transportation from the hospital morgue 
to the intended burial site.
The bill also mandates the DSWD to expedite the processing of burial 
assistance by refusing to treat the lack of documentation as a ground to deny or 
withhold assistance. It would be absurd to require documentation when the body of 
the victim remains unclaimed or unidentified for many months despite all reasonable 
efforts in locating the victim's next of kin and with no one appearing on behalf of the 
decedent.
Immediate approval of this measure is eagerly sought.
^
 GR-\CE POE 
^


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
S E N A T E
s. No. 931
natc
of tbr A -fcrrU rp
*lf AUG 20 P2 0 i
Introduced by Senator Grace Poe
ttCEiVLOaV;.
AN ACT
PROVIDING BURIAL ASSISTANCE FOR UNCLAIMED REMAINS AND FOR 
INDIGENT DECEDENTS, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES.
Be it enacted by the Senate and the House o f Representatives o f the 
Phiiippines in Congress assembled:
1 
Section 1. Short Title. -  This Act shall be known as the "Burial Assistance
2 
Act."
3 
Sec 2. Declaration o f Policy. -  It shall be the policy of the State to provide for
4 
burial assistance to decedents whose bodies remain unclaimed, regardless of the
5 
causes of death, as well as to decedents whose families are indigent and cannot
6 
afford a proper burial for the deceased.
7 
Sec 3. Burial Assistance for Unclaimed Remains and Indigent Citizens. -  If
8 
the Department of Social Welfare and Development (DSWD), 
through its Crisis
9 
Intervention Unit (CIU), determines that the body of the 
decedent remains
10 
unclaimed or if the CIU is unable to locate the decedent's 
next of kin after
11 
reasonable diligence, given burial time constraints, the DSWD shall directly contract
12 
with service providers to arrange for the decedent's proper burial and defray the
13 
expenses for the funeral of the deceased in the sum of no more than ten thousand
14 
pesos (P10,000.00): Provided, that every six (6) years thereafter, this amount shall
15 
be adjusted to their present value using the consumer price index as published by
16 
the Philippine Statistics Authority.
17 
In cases where the next of kin of the decedent appear but are indigent and
18 
cannot afford a proper burial, the DSWD shall provide burial assistance as defined in


1 
this Section and shall respect, to the extent practicable, the wishes and preferences
2 
of the family of the decedent regarding the disposition of the remains of the
3 
deceased person, the location and conditions of interment, and arrangements for
4 
funeral goods and services to be provided, unless other directions have been given
5 
by the decedent pursuant to a will or last testament.
6 
Burial assistance as defined under this Act shall include sums and services
7 
that cover the costs of the casket or urn, embalming, cremation, and other related
8 
services such as viewing or wake cost, pick-up from the hospital morgue, and
9 
transport of the body to the intended burial site, but in no case shall exceed ten
10 
thousand pesos (PIO, 000) or its adjusted value after every six years.
11 
The current Assistance to Individuals in Crisis Situations (AICS) under the
12 
Protective Services Program of the DSWD shall be expanded to include burial
13 
assistance as set forth in this Act.
14 
Sec A. Expedited Processing.-
15 
(a) Upon receipt of a request for burial assistance for an unclaimed decedent
16 
made by a funeral home, law enforcement official, medial or health
17 
institution, or any other reputable institution or person whose business is
18 
to attend to the remains of deceased persons, or upon notice or
19 
knowledge acquired by a CIU official or employee in his or her official
20 
capacity over the specific whereabouts of unclaimed remains, the DSWD
21 
shall immediately act upon such request, notice, or knowledge and grant
22 
or deny burial assistance as soon as practicable, and in any case within a
23 
non-extendible period of fifteen (15) working days from such request,
24 
notice, or knowledge. The DSWD shall establish a system of inter-agency
25 
coordination and monitoring of unclaimed bodies by entering into
26 
memoranda of agreement with other agencies, local government units,
27 
and accredited health service providers.
28 
(b) Where the next of kin of the decedent request for burial assistance, the
29 
DSWD shall grant or deny burial assistance as soon as practicable and in
30 
any case within a period of ten (10) working days from the submission of
31 
all necessary documents in support of the request.


1 
Sec 5. Incomplete Documentation. -T h e  lack or incompleteness of any of the
2 
following documentation shall not constitute grounds for inaction, denial, or
3 
withholding of the grant of burial assistance:
4 
a) medical, hospital, laboratory, or other health records of the decedent;
5 
b) civil status documents such as death certificate, birth certificate, etc.f of
6 
the decedent;
7 
c) identification and residency documents of the decedent;
8 
d) Other reports, referrals, endorsements, certificates, documents, and
9 
permits which the DSWD may, from time to 
time, choose to exempt from
10 
processing requirements for the grant 
of assistance provided 
under this
11 
Act.
12 
In every case of lack or incomplete documentation, the DSWD shall be the
13 
sole authority in determining the circumstances of death, indigence, and other
14 
conditions in support of the grant of burial assistance as set forth in Section 3 of this
15 
Act, which findings shall be clearly stated and substantiated in its social case
16 
summary.
17 
Sec 6. Social Case Summary; Crisis Intervention Monitoring System. -  The
18 
social worker in charge of processing the burial assistance shall prepare a social case
19 
summary that shall either recommend or deny burial assistance. The report shall be
20 
uploaded into and form part of an online database system for CIU matters. Absent a
21 
modern online database system, the existing Crisis Intervention Monitoring System
22 
(CrIMS) shall sen/e as the requisite online database system. 
To the extent required
23 
to prevent an unwarranted invasion of privacy, the DSWD may redact such personal
24 
data from a record made available to the public.
25 
Sec 7. Additional Benefits from Local Governments. -  Notwithstanding any
26 
existing laws, rules and regulations, benefits granted under this Act shall not
27 
foreclose additional benefits granted by local governments.
28 
Sec 8. Use o f Remains for Medical Studies and Scientific Research. -  The
29 
provisions of this Act shall be without prejudice to the use of unclaimed remains by
30 
medical and scientific institutions for studies and research in accordance with
31 
Presidential Decree No. 856 (1975), otherwise known as the Code on Sanitation of


1 
the Philippines, and the rules and regulations prescribed by the Department of
2 
Health.
3 
Sec 9. Administrative Offenses and Penaities. -
4 
(a) The acts enumerated in this sub-section shall be tantamount to less grave
5 
administrative offenses and shall constitute grounds for administrative and
6 
disciplinary sanction against any public official or employee who commits the
7 
following:
8 
(1) Failure to grant or deny burial assistance within the periods required by
9 
this Act;
10 
(2) Denial of burial assistance without setting forth substantial basis for
11 
such denial;
12 
(b)The acts enumerated in this sub-section shall be tantamount to grave
13 
administrative offenses committed by any public official or employee:
14 
(1) Denial or approval of burial assistance knowing that the basis for the
15 
decision is materially false, fictitious, manufactured, or fraudulent;
16 
(2) Willful destruction, alteration, or falsification of information and/or
17 
documents which form the basis of a grant or denial of burial assistance;
18 
(3) Reviewing any transaction with a burial or funeral service provider in
19 
which the official or employee has a direct or indirect financial and material
20 
interest;
21 
(4) Including in the grant of burial assistance items or services that are not
22 
reasonably related to burial rites for indigents and paupers;
23 
(c)The preceding subsections do not bar filing of appropriate administrative
24 
cases other than those offenses enumerated above.
25 
Sec 10. Criminai Offenses and Penaities. -T he penalty of imprisonment of not
26 
less than one (1) month but not more than six (6) months and a fine ranging from
27 
ten thousand pesos (Php 10,000.00) to one hundred thousand pesos (Php
28 
100,000.00) shall be imposed upon:
29 
(a) Any public officer or employee who knowingly grants any burial assistance
30 
request that is manifestly devoid of factual basis;


1 
(b) Any public official or employee who willfully destroys, alters, tampers,
2 
manufactures, or falsifies documentary evidence which forms the basis of a
3 
grant or denial of burial assistance;
4 
(c) Soliciting or accepting anything of value to secure a promise, offer, grant, or
5 
denial of burial assistance;
6 
(d) Knowingly soliciting, paying, and/or accepting gifts or remuneration to/from
7 
anyone to induce or reward referrals for items or services covered by burial
8 
assistance as defined in this Act;
9 
(e) Any individual who knowingly directed, induced or caused the commission of
10 
the foregoing acts shall be liable as principal by inducement in the
11 
prosecution of public officials or employees under this section;
12 
If the violation committed in this Act is induced and assisted by a private
13 
individual or a corporation, partnership or any kind of judicial entity, the penalty
14 
provided herein shall be imposed on its executive officer and/or other officials
15 
responsible therefor; 
Provided, That they shall suffer, in addition to the penalties
16 
provided herein, the automatic revocation of their license to operate.
17 
Sec 11. Implementing Rules and Regulations. -  The DSWD, in consultation
18 
with the Commission on Human Rights, Philippine National Police, National Bureau of
19 
Investigation, Office of the Civil Registrar, Department of Health, Department of
20 
Interior and Local Government, and two (2) representatives from charitable
21 
organizations engaged in burial or funeral services, is hereby tasked to draft the
22 
implementing rules and regulations of this Act within sixty (60) days following its
23 
complete publication.
24 
Such rules and regulations shall include provisions for inter-agency and inter-
25 
stakeholder coordination and monitoring of unclaimed bodies.
26 
Sec 12. Appropriations. -  To carry out the provisions of this Act, such amount
27 
as may be necessary is hereby authorized to be appropriated from the National
28 
Treasury. 
Thereafter, the amount necessary for the continuous operation of the
29 
burial assistance program as defined in this Act shall be included in the annual
30 
appropriation of the DSWD.


1 
Sec 13. Separability Clause. - If any provision of this Act is declared
2 
unconstitutional or invalid, other parts or provisions hereof not affected thereby shall
3 
continue to be in full force and effect.
4 
Sec 14. Repealing Clause. - Any law, presidential decree or issuance,
5 
executive order, letter of instruction, administrative order, rule or regulation contrary
6 
to or is inconsistent with the provision of this Act is hereby repealed, modified, or
7 
amended accordingly.
8 
Sec 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
9 
publication in the Official Gazette or in a newspaper of general circulation.
10 
Approved,