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Republic of the Philippines 6 AUG 2016

HOUSE OF REPRESENTATIVES
Quezon City

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SEVENTEENTH CONGRESS eemeenened

First Regular Session RESISTRATION
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House Bill No, 2853

INTRODUCED BY Hon, Mauyag “Jun” Papandayan, Jr.

EXPLANATORY NOTE

This bill seeks to mandate the immediate release of the cadavers of dead
Muslims left in the custody of government entities or even private establishments,
after the family has arranged for payment of incurred expenses, if they cannot
immediately pay for it.

Muslim burial rites are in accordance with the dictates of Islam, which sets a
maximum period for burying their dead; thus, the burial should be done as soon as
possible after death; however there are specific times when it is prohibited to bury
the dead. They are, from sunrise until the sun has risen, when the sun is at its highest
and, from when the sun begins to pale until itis fully set.

This tradition comes from the Muslim belief that the soul of the deceased is
disturbed if its previous body is not laid to rest in the ground before the next call to
prayer. It is also forbidden to embalm the body. Additionally, if there is delay in
burial, the Muslims believe that at the Last Judgement, the soul will be asked to
explain what he had done during the time that lapsed before he was buried that is
disastrous because how can the soul explain that?

Given the preceding conditions, it may be safely assumed that a twenty-four
period after death is the safest guide for observing the Islamic burial rites.

It becomes imperative, therefore, that a law be enacted to protect the rights of
the Filipino-Muslim in the observance of their religious rites and rituals for their
beloved dead.

The lack of financial resources to immediately pay for incurred expenses of
the dead, be it for medical or other charges, often hamper the release of the bodies


to the point that there may ensue a raging controversy between the relatives of the
dead and the establishment where the body is being held, often becoming a battle
with religious undertones.

While the tender of proper payment is ideal so that there may be no conflict,
this is far from reality, There was a time when such was also the case when indigent,
and even middle-income families could not pay for hospital expenses and the patient
was not allowed to leave the hospital for lack of payment, resulting to more and
additional indebtedness which could have been avoided if they were allowed to leave
with a promissory note for payment instead.

It is the same for the release of cadavers of Filipino-Muslims; it may even be
more important for the Muslim, because observance of the final rites for their dead
is a religious tradition that has to be observed in all its requisites.

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

requested for the satisfaction of the Muslim burial rites, in the pursuit of their
religious beliefs.

Hon. Mauyag “Jun” Papandayan, Jr.


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Republic of the Philippines
House of Representatives
Quezon Gity, AMloten Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO. 2953

Introduced by Honorable Mauyag “Jun” Papandayan, Jr.

AN ACT
PROHIBITING THE DETENTION OF AND MANDATING
THE IMMEDIATE RELEASE OF CADAVERS OF MUSLIMS FROM.
GOVERNMENT HOSPITALS, MORGUES AND OTHER OFFICES WITH
FACILITIES FOR DECEASED BODIES ON GROUNDS OF
NONPAYMENT OF HOSPITAL BILLS OR MEDICAL EXPENSES.

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

Section 1. Declaration of Policy. - It is hereby declared the policy of the
State to safeguard the Religious Customs and Traditions of Muslim Filipinos with
regard to their Burial Rites wherein a deceased Muslim must be buried before the
next call to prayer.

SEC. 2. It shall be unlawful for any hospital, medical clinic, morgue, or other
facilities used in holding cadavers to detain or to otherwise cause, directly or
indirectly, the detention of bodies of deceased Filipino-Muslims for reasons of
nonpayment in part or in full, of any expenses attributed to the deceased.

For private hospitals and funerals wherein the body of the deceased may be
held because of lack or inadequacy of payment for expenses incurred before the
death of the person, the family of the deceased shall likewise execute a Promissory
Note to the establishment concerned for the amount incurred, for the release of the
body.

SEC.3. Any officer or employee of the hospital, clinic, morgue or other
facilities for deceased bodies responsible for releasing the cadavers, who violates the
provisions of this Act shall be punished with a fine of not less than Twenty Thousand


Pesos (P20, 000.00) but nor more than Fifty Thousand Pesos (P50, 000.00) or
imprisonment of not less than one month, but not more than six months, or both such
fine and imprisonment, at the discretion of the proper court.

SEC. 4. The Department of Health shall promulgate the necessary rules and
regulations to carry out the provisions of this Act.

SEC. 5. If any provision of this Act is declared void and unconstitutional, the
remaining provisions thereof not affected thereby shall remain in full force and
effect.

SEC. 6. All laws, decrees, orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly.

SEC. 7. This Act shall take effect fifteen (15) days after its publication in two
national newspapers of general circulation.

Approved,