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Republic of the Bhilippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO, 8289

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT REGULATING CREMATORIES, AND FOR OTHER PURPOSES

This bill seeks to regulate the establishment and operations of crematories in order to
promote public health and the protection of the environment. This measure proposes
mechanisms for the application, approval, and inspection of crematories,

Cremation is becoming increasingly acceptable to more Filipinos considering the rising
population, lack of space in cemeteries and the rising costs of traditional burial service.
There are already public crematoriums being established. It is also a safer alternative
for those who passed away due to highly communicable diseases such as those
affected by COVID-19

This proposal also institutes anti-pollution measures to control air contaminants that
cremation processes produce. Studies show that the emissions from cremation
include nitrogen oxides, carbon monoxide, sulfur dioxide, particulate matter and other
heavy metals. Hence, there is a need to comply with standards so as not pose any
hazard to the environment.

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

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LUIS R. ID "LRA\ . VILLAFUERTE, JR.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO8289

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT REGULATING CREMATORIES, AND FOR OTHER PURPOSES:

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 "Crematories Regulation Act’.

Sec. 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 this end, 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.

Sec. 3. Definition of Terms. - As used in this Act, the following terms shall mean:

(a) "Crematory" or "crematorium"- refers to a mortuary where corpses are cremated
or a facility for the disposal by incineration of the bodies of the dead; and

(b) "Secretary"- refers to the Secretary of Health.

Sec. 4. Establishment 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 nat
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 sangguniang bayan or the sangguniang panlungsod of
the municipality or city; Provided, That no crematory shall be located within the one
hundred fifty (150) meters of any residential structure or land used for residential
purposes not owned by the owner of the crematory.


The design, construction, technical requirements, sanitary certification, and operation
of the crematories, as well as handling of dead bodies shall be In compliance with the
Presidential Decree 856, otherwise known as the "Code on Sanitation of the
Philippines" and Republic Act No. 8749, or the "Philippine Clean Air Act of 1999," and
their respective implementing rules and regulations.

Application for such approval shall be made in writing to the local authority, 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 of city at intervals of not less than two (2) days,
the first being not mare 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.

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,

Each holder of an inspection certificate shall, annually, on or before July first, 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 until July first next following year, unless revoked or suspended.

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

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

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 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.

Any of the inspections provided for in this section may be made by a person
designated by the Secretary of Health

Sec. 5. Anti-Pollution Measures, - The Department of Environment and Natural
Resources (DENR) shall issue pertinent guidelines and practices promoting anti-
pollution measures such as, but not limited to, installation of filter systems and similar
pollution control devices, designation of pollution officers, neutralization of pollutants
and toxic wastes, reduction of particulate matter, more efficient use of fuel and energy,


adequate controls on emission levels, among others. Such guidelines shall form part
of the minimum requirements prior to the approval of application.

Sec. 6. Records and Certificates. - The managers of each crematory shall keep books
of record, which shall be open at reasonable times for inspection, in which shail 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 superintendent shall complete the cremation permit required by Section 7,
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 in file and record it with other vital statistics.

When the 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 cause a certificate to be procured from the person in charge of the
crematory in which such body is incinerated, stating the facts called for in this section,
and cause such certificate to be filed for record with the registrar of the town or city in
which the death occurred.

Each crematory shall retain on 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 of receipt of cremated
remains.

Sec. 7. Cremation Permit —

(a) The body of any deceased person 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 for the
town or city in which such person died, if known, or, if not known, for the town in which
the body was found. The Chief Medical Examiner, Deputy Chief 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 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 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 registrar 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 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, that the


body has been prepared in accordance with laws, rules, and regulations, and that the
entry regarding the place of disposal is correct.

(c) 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. In the
case of death as a result of communicable diseases, crematories shall provide
logistics and transport of the human remains, upon designation and with the
assistance of the local government unit.

Sec. 8. 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 pesos (P5,000) or imprisoned not more than two (2) years, or both.

Sec. 9. Rules and Regulations. - The Secretary of Health shall issue the necessary
rules and regulations to carry out the objectives of this Act.

Sec. 10. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision or part not otherwise
affected shall remain valid and subsisting.

Sec, 11. 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 are hereby repealed, modified, or amended
accordingly.

Sec. 12. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation

Approved,