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SEVENTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
S E N A  
S.B. No
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Introduced by Senator Poe
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 Services 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 medieal, 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 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
1 http://newsinfo.inquirer.net/818194/ll-ejk-victinis-given-paupers-biuial
2 http://www.gov.ph/2015/06/25/dswd-extends-operations-for-indigents-seeking-aid/


thousand pesos (PIO,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.
RACE POE


SEVENTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
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Introduced by Senator Poe
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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 of Representatives of the Philippines in 
Congress assembled:
SECTION 1. Short Title. -  This Act shall be known as the “Burial Assistance Act of
2016. ”
SECTION 2. Declaration of Policy. -  It shall be the policy of the State to provide for 
burial assistance to decedents whose bodies remain unclaimed, regardless of the causes of 
death, as well as to decedents whose families are indigent and cannot afford a proper burial 
for the deceased.
SECTION 3. Burial Assistance for Unclaimed Remains and Indigent Citizens. -  If 
the Department of Social Welfare and Development (DSWD), through its Crisis Intervention 
Unit (CIU), determines that the body of the decedent remains unclaimed or if the CIU is 
unable to locate the decedent’s next of kin after reasonable diligence, given burial time 
constraints, the DSWD shall directly contract with service providers to arrange for the 
decedent’s proper burial and defray the expenses for the funeral of the deceased in the sum of 
no more than ten thousand pesos (PI0,000.00): Provided, that every six (6) years thereafter, 
this amount shall be adjusted to their present value using the consumer price index as 
published by the Philippine Statistics Authority.


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In cases where the next of kin of the decedent appear but are indigent and cannot 
afford a proper burial, the DSWD shall provide burial assistance as defined in this Section 
and shall respect, to the extent practicable, the wishes and preferences of the family of the 
decedent regarding the disposition of the remains of the deceased person, the location and 
conditions of interment, and arrangements for funeral goods and services to be provided, 
unless other directions have been given by the decedent pursuant to a will or last testament.
Burial assistance as defined under this Act shall include sums and services that cover 
the costs of the casket or urn, embalming, cremation, and other related services such as 
viewing or wake cost, pick-up from the hospital morgue, and transport of the body to the 
intended burial site, but in no case shall exceed ten thousand pesos (PI0,000) or its adjusted 
value after every six years.
The current Assistance to Individuals in Crisis Situations (AICS) under the Protective 
Services Program of the DSWD shall be expanded to include burial assistance as set forth in 
this Act.
SECTION 4. Expedited Processing. ~
(a) Upon receipt of a request for burial assistance for an unclaimed decedent made by 
a funeral home, law enforcement official, medial or health institution, or any other 
reputable institution or person whose business is to attend to the remains of 
deceased persons, or upon notice or knowledge acquired by a CIU official or 
employee in his or her official capacity over the specific whereabouts of 
unclaimed remains, the DSWD shall immediately act upon such request, notice, or 
knowledge and grant or deny burial assistance as soon as practicable, and in any 
case within a non-extendible period of fifteen (15) working days from such 
request, notice, or knowledge. The DSWD shall establish a system of inter­
agency coordination and monitoring of unclaimed bodies by entering into 
memoranda of agreement with other agencies, local government units, and 
accredited health service providers.
(b) Where the next of kin of the decedent request for burial assistance, the DSWD 
shall grant or deny burial assistance as soon as practicable and in any case within
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a period often (10) working days from the submission of all necessary documents 
in support of the request.
SECTION 5. Incomplete Documentation. -  The lack or incompleteness of any of the 
following documentation shall not constitute grounds for inaction, denial, or withholding of 
the grant of burial assistance;
a) medical, hospital, laboratory, or other health records of the decedent;
b) civil status documents such as death certificate, birth certificate, etc., of the 
decedent;
c) identification and residency documents of the decedent;
d) other reports, referrals, endorsements, certificates, documents, and permits which 
the DSWD may, from time to time, choose to exempt from processing 
requirements for the grant of assistance provided under this Act.
In every case of lack or incomplete documentation, the DSWD shall be the sole 
authority in determining the circumstances of death, indigence, and other conditions in 
support of the grant of burial assistance as set forth in Section 3 of this Act, which findings 
shall be clearly stated and substantiated in its social case summary.
SECTION 6. Social Case Summary; Crisis Intervention Monitoring System. -  The 
social worker in charge of processing the burial assistance shall prepare a social case 
summary that shall either recommend or deny burial assistance. The report shall be uploaded 
into and form part of an online database system for CIU matters. Absent a modern online 
database system, the existing Crisis Intervention Monitoring System (CrIMS) shall serve as 
the requisite online database system. 
To the extent required to prevent an unwarranted 
invasion of privacy, the DSWD may redact such personal data from a record made available 
to the public.
SECTION 7. Additional Benefits from Local GovernmenLs. ~ Notwithstanding any 
existing laws, rules and regulations, benefits granted under this Act shall not foreclose 
additional benefits granted by local governments.
SECTION 8. Use of Remains for Medical Studies and Scientific Research. -  The 
provisions of this Act shall be without prejudice to the use of unclaimed remains by medical
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and scientific institutions for studies and research in accordance with Presidential Decree No. 
856 (1975), otherwise known as the Code on Sanitation of the Philippines, and the rules and 
regulations prescribed by the Department of Health.
SECTION 9. Administrative Offenses and Penalties. -
(a) The acts enumerated in this sub-section shall be tantamount to less grave 
administrative offenses and shall constitute grounds for administrative and 
disciplinary sanction against any public official or employee who commits the 
following:
(1) Failure to grant or deny burial assistance within the periods required by this 
Act;
(2) Denial of burial assistance without setting forth substantial basis for such 
denial;
(b) The acts enumerated in this sub-section shall be tantamount to grave administrative 
offenses committed by any public official or employee:
(1) Denial or approval of burial assistance knowing that the basis for the decision 
is materially false, fictitious, manufactured, or fraudulent;
(2) Willful destruction, alteration, or falsification of information and/or 
documents which form the basis of a grant or denial of burial assistance;
(3) Reviewing any transaction with a burial or funeral service provider in which 
the official or employee has a direct or indirect financial and material interest;
(4) Including in the grant of burial assistance items or services that are not 
reasonably related to burial rites for indigents and paupers;
(c) The preceding subsections do not bar filing of appropriate criminal, civil, and 
administrative cases other than those offenses enumerated above.
SECTION 10. Criminal Offenses and Penalties. -  The penalty of imprisomnent of 
not less than one (1) month but not more than six (6) months and a fine ranging from ten 
thousand pesos (Php 10,000.00) to one hundred thousand pesos (Php 100,000.00) shall be 
imposed upon:


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(a) Any public officer or employee who knowingly grants any burial assistance request 
that is manifestly devoid of factual basis;
(b) Any public official or employee who willfully destroys, alters, tampers, manufactures, 
or falsifies documentary evidence which forms the basis of a grant or denial of burial 
assistance;
(c) Soliciting or accepting anything of value to secure a promise, offer, grant, or denial of 
burial assistance;
(d) Knowingly soliciting, paying, and/or accepting gifts or remuneration to/from anyone 
to induce or reward referrals for items or services covered by burial assistance as 
defined in this Act;
(e) Any individual who knowingly directed, induced or caused the commission of the 
foregoing acts shall be liable as principal by inducement in the prosecution of public 
officials or employees under this section;
If the violation committed in this Act is induced and assisted by a private individual or a 
corporation, partnership or any kind of judicial entity, the penalty provided herein shall be 
imposed on its executive officer and/or other officials responsible therefor; Provided, That 
they shall suffer, in addition to the penalties provided herein, the automatic revocation of 
their license to operate.
SECTION 11. Implementing Rules and Regulations. -  The DSWD, in consultation 
with the Commission on Human Rights, Philippine National Police, National Bureau of 
Investigation, Office of the Civil Registrar, Department of Health, Department of Interior and 
Local Government, and two (2) representatives from charitable organizations engaged in 
burial or funeral services, is hereby tasked to draft the implementing rules and regulations of 
this Act within sixty (60) days following its complete publication.
Such rules and regulations shall include provisions for inter-agency and inter­
stakeholder coordination and monitoring of unclaimed bodies.
SECTION 12. Appropriations. -  To carry out the provisions of this Act, such amount 
as may be necessary is hereby authorized to be appropriated from the National Treasury. 
Thereafter, the amount necessary for the continuous operation of the burial assistance 
program as defined in this Act shall be included in the annual appropriation of the DSWD.
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SECTION 13. Separability Clause. - If any provision of this Act is declared 
unconstitutional or invalid, other parts or provisions hereof not affected thereby shall 
continue to be in full force and effect.
SECTION 14. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to or is 
inconsistent with the provision of this Act is hereby repealed, modified, or amended 
accordingly.
SECTION 15. EffeclivUy Clause. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
/aetOct26