Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quezon City, Metro Manila

NINETEENTH CONGRESS |
1* Regular Session

House Bill No. 1 31

Introduced by Representatives PAOLO Z. DUTERTE, ERIC G. YAP,
EDVIC G. YAP, and JEFFREY SORIANO

EXPLANATORY NOTE

As the concept of family is central to Filipino culture, the death of a family member is
commemorated with the practice of certain death rituals and traditions. The funeral
provides an opportunity for families to properly grieve the loss of their loved one.
Further, it serves as an avenue for them to pay respect to and honor their relationship

with the deceased.

For many poor families, death comes with debt. Some argue that the cost of passing
away is just as costly as living. Evidently, many poor families find paying for funerals
difficult, even impossible for some, While they have to cope with grief and loss, they
also struggle to find the means to pay for proper memorial services. The cost of funeral
and burial services (usually starting from P10,000) burdens the family financially. In
order to pay for proper memorial services, some are left with no choice but to borrow
money from lenders who sometimes take advantage of their grief and immediate need

to put on high interest rates.

This bill seeks to institutionalize the provision of burial assistance by granting a fifty
percent (50%) discount from funeral services to indigent families and free funeral
services to extremely poor families nationwide. They can avail of the free or
discounted funeral services upon submission of the following: Certificate of
Indigency, Death Certificate, and Funeral Contract between the beneficiary-family,
the accredited mortuary, and the authorized DSWD personnel. The funeral services


shall include the preparation of funeral documents, embalming, viewing, interment
or burial services, cremation and inurnment services, including the provision of a

casket or urn, as the case maybe, offered by accredited mortuaries.

In view of the foregning, approval of this bill is earnestly sought.
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PAOLO cr

EDVIC &. YAP sarndfSbatano


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
1 Regular Session

House Bill No. 131

Introduced by Representatives PAOLO Z. DUTERTE, ERIC G. YAP,
EDVIC G. YAP, and JEFFREY SORIANO

AN ACT
GRANTING A FIFTY PERCENT (50%) DISCOUNT FROM FUNERAL SERVICES TO
INDIGENT FAMILIES AND FREE FUNERAL SERVICES TO EXTREMELY POOR
FAMILIES NATIONWIDE, APPROPRIATING FUNDS THEREFOR 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 "Free and Discounted
Funeral Services Act."

SEC. 2. Declaration of Policy. - Itis the policy of the State to 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. As part of fulfilling this, the State shall give discounts from
funeral services to indigent families and free funeral services to extremely poor
families.

SEC. 3. Definition of Terms. The following terms as used in this Act shall mean
the following:

a. “Poor” refers to families whose income falls below the poverty threshold as
defined by the National Economic and Development Authority (NEDA)
and/or who cannot afford in a sustained manner to provide their minimum
basic needs of food, health, education, housing or other essential amenities of
life, as defined under Republic Act No. 8425, otherwise known as the “Social
Reform and Poverty Alleviation Act’. The Community-Based Monitoring
System (CBMS) established under Republic Act No. 11315 of the local
government unit, with the supervision of the Philippine Statistics Authority
(PSA), shall be used to determine the degree of indigency of the family,
whether indigent or extremely poor;


b. "Funeral Services" refers to preparation of funeral documents, embalming,
viewing, interment or burial services, cremation and inurnment services,
including the provision of a casket or urn, as the case maybe, offered by
mortuaries. The standard package of funeral services will cover:

1. Transfer of deceased from place of death to the mortuary for embalming
and applying of cosmetics within a 25-kilometer radius of mortuary;

2. An Ordinary Plain Casket and casket stand for viewing of body or urn in
case of cremation;

3. Two (2) to three (3) days viewing outside the funeral chapels such as the
Barangay Hall or residence of the family;

4, Use of funeral viewing equipment including lighting and arania;

5. Use of funeral vehicle for interment within a 25-kilometer radius from the
place of viewing to the place of burial; and

6. Unless for compelling reason, interment only on weekdays and on official
time, Monday to Friday, 8:00 a.m. until 5:00 p.m., except on regular
holidays.

SEC. 4. Free Funeral Services for Extremely Poor Families Free funeral services
shall be provided for extremely poor families by accredited mortuaries anywhere in
the country. The said free services shall be given to only one (1) family member per
month per mortuary branch, Provided, said funeral service does not exceed the cost
of the mortuary's minimum funeral service package. Provided further, that the grant
of free funeral services under this Act is without prejudice to the right of the
beneficiary to avail of upgraded funeral services given by the mortuary. The
difference in cost shall be borne by the family of the deceased.

SEC. 5. Discounted Funeral Services for Indigent Families. A fifty percent
(60*) discount on funeral services shall be granted to indigent families by mortuaries
anywhere in the country but would only be applicable to At-Need funeral services
only. Provided, said funeral service does not exceed the cost of the mortuary's
minimum funeral service package. The grant of a discount under this Act is without
Prejudice to the right of the beneficiary to avail of other financial assistance given by
the government.

SEC. 6. Requirements for Availing Free or Discounted Funeral Services. Before
an indigent or extremely poor family can avail of the free or discounted funeral
services, the following documents shall be submitted: (a) certificate of indigency
issued by the barangay or the local social welfare office of the local government unit
(LGU), stating whether the family is either indigent or extremely poor as defined
under Section 3; Provided, however, that the certification shall not be a requirement
before any member of the family of the deceased could avail the services of the


mortuary; (b) death certificate; and (c) funeral contract between the beneficiary-
family, the accredited mortuary and the authorized DSWD personnel.

SEC. 7. Reimbursement. Mortuaries granting discounted or free services to
indigent or extremely poor beneficiaries may seek reimbursement for the cost of the
services from any regional office of the DSWD upon the approval of the Regional
Director. The reimbursement will be based on the stipulations of the signed contract
between the poor family, the mortuary, and the authorized DSWD personnel.

SEC. 8 Lead Agency. The DSWD shall be the lead agency in the
implementation of the provisions of this Act and shall engage the funeral services of
mortuaries in the country.

SEC. 9. Role of Local Government Units (LGUs). Notwithstanding the
preceding section, the local government units are enjoined to fulfill their devolved
function as mandated by Republic Act No. 7160 or the Local Government Code, and
Presidential Decree No. 856 otherwise known as the Sanitation Code, in providing
assistance to indigent and extremely poor families in their respective areas at their
own expense. Further, the LGUs will waive fees and charges which include burial or
interment permit, cremation permit, transfer permit, disinterment permit, and cost of
Death Certificate.

SEC. 10. Appropriations. The amount necessary to implement the provisions
of this Act shall be charged against the allocation in the General Appropriations Act
(GAA) of the Department of Social Welfare and Development (DSWD).

SEC. 11. Implementing Rules and Regulations, Within six (6) months from the
effectivity of this Act, the Secretary of the DSWD shall, in coordination with the
Department of the Interior and Local Government and the Philippine Mortuary
Association, with the participation of local government units, promulgate the
necessary rules and regulations to carry out the provisions of this Act.

SEC. 12. Separability Clause. If any portion or provision of the Act is declared
void or unconstitutional, the remaining portions or provisions hereof shall not be
affected by such declaration.

SEC. 13. Repealing Clause. Any provision of law or regulations inconsistent
herewith is hereby repealed, modified or amended accordingly.

SEC. 14, Effectivity. This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.

Approved,