Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17% CONGRESS
Second Regular Session

7420

House Bill No.

Introduced by Representative Wes Gatchalian

EXPLANATORY NOTE

‘The loss of a loved one is one of the banes of mortal life which every person has to
face. Apart from the emotional cost of death, it is also a fact that such event also entails a
heavy financial burden. Often coming unannounced, the expenses typically include a slew
which include hospitalization, funeral, transportation, and burial expenses. The purpose of
this bill is to provide some relief to our grieving citizens by regulating the transportation
charges imposed by local government units on the relatives who seek to transfer their
remains from one local territory to another.

‘Typically in transporting human remains across and through the territory of Local
Government Units, before such transit is allowed, the LGUs would charge fees on the guise
of sanitary fees or cadaver transit permits. The effect is that before a human remain is
transported from the place where the person died to his family at another locality, the
families are made to pay different fees and charges which also corresponds to an entire
array of permits. This current system imposes an additional financial burden on the families
just to be with their loved one, not to mention the delays which result through the process
of repetitively having to secure different permits. This bill aims to resolve this by
establishing a permit which will be issued by the Local Government Unit of origin which will
be sufficient for the transit of the cadaver anywhere else within the country.

‘A note on the current paradigm, it is has been observed by the author that there is a
dearth of statutory authority by which the LGUs are authorized to charge these
aforementioned fees. PD 856, which is the Sanitary Code of the Philippines, does not
authorize such imposition. It is only in the Implementing Rules and Regulations of the said
code where this authority has been granted, it should therefore be noted that this power
that is being exercised by LGUs was not conferred by a legislative grant from Congress and
therefore of doubtful validity.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

Representative
First District, Vg


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17% CONGRESS
Second Regular Session

House Bill No.

Introduced by Representative Wes Gatchalian

AN ACT REGULATING THE
DOMESTIC TRANSFER OF HUMAN REMAINS
AND CADAVERS

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

Section 1. Sanitary and Transit Permit -

The health officer of the Local Government Unit in which the person whose remains
is sought to be transferred, shall issue a Sanitary and Transit Permit, certifying that
said remains is not a threat to public health and safety. Provided, that said permit
shall be issued in accordance with the guidelines prescribed by the Department of
Health, Provided further, that said permit shall be sufficient for the transfer of the
remains anywhere within the Republic of the Philippines for a period of not more
than fifteen (15) days after such issuance. Provided finally, that with the exception of
necessary and reasonable fees charged by the Local Government Unit of origin
which issued the permit, no other taxes, fees, charges, or permits shall be imposed
by the Republic of the Philippines or any of its Political Subdivisions shall be
imposed on the transfer of the remains.

Section 2. Requirements for Sanitary and Transit Permit ~
The Health Officer shall require the following:
a. Death Certificate;
Embalming Certificate;
Any other examination as required by the Department of Health pursuant to
the implementing rules and regulations of this act for the purpose of
ensuring public health and safety;

Section 3. Fees and Charges ~
The Local Government Unit issuing the permit may require the payment of
necessary and reasonable fees and charges for the purpose of issuing the permit.



Seetion. 4. /mplementing Rules and Regulations. —

The Department of Health, in consultation with the Department of Interior and Local
Government shall. promulgate the respective implementing rules and regulations and
other issuances as may be necessary to ensure the effective implementation of this Act
within sixty (60) days from its effectivity.

Section, 5. Separability Clause. ~
If any provision of this Act shall be held unconstitutional. the remainder of the Act not
otherwise affected shall remain in full force and effect.

Section. 6. Repealing Clause. ~

All existing laws, presidential decrees, executive orders, proclamations or admit istrative
regulations that are inconsistent with the provisions of this Act are hereby amended,
modified. superseded, or repealed accordingly

Section. 8. Effectivity
This Act shall take effect fifteen (15) days after its publication in the Official Gazette or
in at least two (2) newspapers of general circulation.

{pproved.