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Republic of the Philippines
HOUSE OF REPRESENTATIV)
Constitution Hills, Quezon Cit

NINETEENTH CONGRESS
First Regular Session aN

102

HOUSE BILL NO.

Introduced by Representative VINCENT FRANCO D. FRASCO

EXPLANATORY NOTE

This bill seeks to regulate the sale of caskets by funeral establishments to ensure
availability of affordable decent caskets.

The proposed measure is similar to House Bill No. 7846, which was previously filed in the
1g" Congress. It was filed last October 15, 2020 and was transmitted to the House Committee on
Trade and Industry. However, up to the present, the proposal has not materialized.

Section 1, Article XIII of the 1987 Philippine Constitution provides that the Congress shall
give highest priority to the enactment of measures that protect and enhance the right of all the
people to human dignity, reduce social, economic, and political inequalities, and remove cultural
inequities by equitably diffusing wealth and political power for the common good.

Relatedly, Sections 306 to 307 of Republic Act No. 386 or the New Civil Code of
Philippines provides that every funeral shall be in keeping with the social position of the deceased.
The funeral shall be in accordance with the expressed wishes of the deceased. In the absence of
such expression, his religious beliefs or affiliation shall determine the funeral rites. In case of
doubt, the form of the funeral shall be decided upon by the person obliged to make arrangements
for the same, after consulting the other members of the family.

In the Philippines, dying has become as costly as living itself. This is because most
Filipinos already live lives of utter poverty and still die poor and indebted till the end. Funeral
services generally are expensive, a stark and difficult reality confronting the large majority of
impoverished Filipinos. In particular, the price of caskets has become very expensive, which is
beyond the capacity of the surviving families. Hence, an added burden to the grief-stricken
families, not to mention the indigents and extremely poor.



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Depending on materials used, coffins cost around P5,000 to P110,000. The cheapest wood
coffin with little to no design can be bought in funeral parlors. However, the sad reality is that in
most funeral parlors, there is no availability of affordable caskets. Hence, the surviving family
members are often left with no other better option and, thus, constrained to purchase the available
but expensive casket, which is beyond their financial capacity. As they bury their dead, they are
left, not only with grief, but unnecessary debt as well.

Thus, regulating the sale of caskets by funeral establishments to ensure availability of
affordable caskets, will definitely relieve grief-stricken families of the added financial burden.

In view of the foregoing, approval of this Bill is earnestly requested.

LEX

VINCENT FRANCO D. FRASCO’


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45,

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

102

HOUSE BILL NO.

Introduced by Rep. Vincent Franco D. Frasco
AN ACT
REGULATING THE SALE OF CASKETS BY FUNERAL ESTABLISHMENTS TO
ENSURE AVAILABILITY OF AFFORDABLE CASKETS, AND APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

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

Section I. Title. - This Act shall be known as “Affordable Casket Act.”

Section 2. Declaration of Policy. - Its 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
regulate the sale of caskets by funeral establishments to ensure availability of affordable decent
caskets to grief-stricken families, especially those classified as indigent and extremely poor.

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

(a) “Casket” refers to a coffin or a box or case to hold a dead body.

(b) “Indigent Family” refers to a family whose monthly income is equivalent to the
minimum wage set in the region where they reside

(©) “Extremely Poor Family” refers to a family whose monthly income is less than the
minimum wage set in the region where they reside.

(d) “Implementing Agencies” refer to the Department of Social Welfare and Development
and the Department of Trade and Industry.


(c) “Funeral Establishment” includes funeral parlors, funeral chapels and any similar place
used in the preparation, storage and care of the body of a deceased person for burial or
cremation.

Section 4. Availability of Affordable Caskets in all Funeral Establishments. ~ All funeral
establishments shall at all times maintain available decent caskets with a price of not more than
‘Twenty Thousand (P20,000.00) Pesos. In the event that there is no such casket available when
needed and the family of the dead is an indigent family or extremely poor family as certified by
Barangay Chairman or any social worker, the funeral establishment shall be obliged to offer a
casket of any higher value, but the price to be paid by such indigent family or extremely poor
family shall still be at an amount not more than Twenty Thousand (P20,000.00) Pesos.

Section 5. Penalties. - Any violation of this Act shall be penalized with a fine not exceeding
two hundred thousand pesos (P200,000.00) and a suspension of license to operate for a period not
exceeding six months.

Repetitive violations after the lifting of the suspension of its license to operate shall be
penalized with a fine not exceeding four hundred thousand pesos (P400,000.00) and a revocation
of such license to operate.

Section 6. Implementing Agencies. - ‘The DSWD shall implement the provisions of this
Act and issue the necessary rules and regulations to carry out the objectives of this Act. The
Department of Trade and Industry (DTI) shall monitor the current market prices for caskets.

Section 7. 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 DSWD.

Section 8. 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.

Section 9. Repealing Clause. - Any provision of law or regulations inconsistent herewith
is hereby repealed, revoked, or modified accordingly.

Section 10. Effectivity. - This Act shall take effect fifteen (15) days after publication in the
Official Gazette or in a newspaper of general circulation.

Approved,