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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BiLLNo.__135

Introduced by: HON. RODEL M. BATOCABE, HON. ALFREDO A. GARBIN, Jr., and
CHRISTOPHER S. CO

EXPLANATORY NOTE

This bill seeks to establish a Crematorium for every Legislative District in the
country.

Cremation is the process of combustion, vaporization and oxidation of dead
bodies into ashes. Such process may be done as a funeral or post-funeral rite, as an
alternative to burial in cemeteries. Cremated remains, or “cremains,” are not considered
as health risks, and may either be stored in a columbarium, scattered in various
locations, or kept in an umn on the house of the surviving family.

In recent years, more Filipinos are opting for cremation instead of burial for their
deceased loved ones due to a number of financial and practical reasons. Cremation is
generally cheaper than the traditional burial rite. In a 2016 data, a memorial lot costs at
least Php 70,000, with an additional amount of at least Php 25,000 for the internment
including the casket. In addition, public cemeteries require renewal fees which could
lead to disposal of the remains if the surviving family defaults on payment. The
cremation process costs approximately Php 25,000, with the optional niche costing
between Php 35,000 to 50,000. However, such niches are designed to hold numerous
urns, still making it affordable in comparison

Pursuant to Sec. 11, Art. XIII of the 1987 Constitution, the State is mandated to
make health services available to all people at affordable cost.

This bill seeks for the uniform distribution of Crematories nationwide so that
cremation services will be more accessible even for those who are living in remote
municipalities. This bill also provides for a socialized fee structure to help indigent and
marginalized families to avail of free cremation services while sparing them of
expenses for burial land and casket. With subsidized cremation costs, the government
can ensure the affordable and accessible burial services for our people. Suffice it to


state, this is a social justice measure wherein the poor and marginalized will also be
given equal access to social services even until their deaths.

Other direct effects of foregoing traditional burial would be to relieve future
congestion during the annual All Saints’ and All Souls’ days, and even during funeral
processions. With a projected increase of deaths, congestion of our burial lands will
get worse so much so that they are no longer conducive to the living and its dead
residents. Moreover, this measure will also channel the use of our lands to more
productive use such as for agricultural, residential and industrial purposes and/or uses.
Finally, cremation is more environmentally friendly compared to traditional burial which
could introduce contaminants from the coffin and the body, further ensuring the
protection of the environment as well as public health, as mandated by Sec. 15 and 16
of Art. Il of the 1987 Constitution

In concurrence with the new administration's pro-poor and environment
protection policies, the swift passage of this bill is earnestly sought.

= =i
RODEL M. BATOCABE ALFREDO A.GARBIN, Jr. | CHRISTOPHER S. CO


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNO,__135

Introduced by: HON. RODEL M. BATOCABE, HON. ALFREDO A. GARBIN, Jr. and
HON. CHRISTOPHER S. CO

AN ACT PROVIDING FOR THE ESTABLISHMENT OF CREMATORIES IN EVERY
LEGISLATIVE DISTRICT OF THE COUNTRY, UNDER THE SUPERVISION OF THE
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT, PROVIDING FUNDS

THEREFOR, AND FOR OTHER PURPOSES

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

Section 1. Title. - This Act shall be known as the “Accessible Crematories Act.”

Section 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
make health services available to all people at affordable cost. Toward this end,
Crematories shall be erected to provide affordable and accessible services to
encourage more surviving families, especially the indigent, to opt for cremation of their
deceased instead of burial

Section 3. Establishment of Crematories.- There shall be established and
maintained a secured, clean, and adequately-equipped Crematory in each Legislative
District of the country, to be managed, operated and maintained by the Department of
Social Welfare and Development (DSWD) in coordination with other concerned
agencies

The construction, technical requirements, sanitary certification, and operation of the
Crematorium, as well as the handling and disposal of dead bodies shall be in
compliance with Presidential Decree 856 (Code on Sanitation of the Philippines) and its
Implementing Rules and Regulations.

Section 4. Reusable Coffins. — Each Crematorium shall have reusable metal coffins of
which the technical specifications and quantity per Crematorium shall be determined by
the Department of Social Welfare and Development, to be made available to the
indigent surviving families of the decease who may opt for a funeral wake prior to
cremation.

Section 5. Location of each Crematorium — The Secretary of Social Welfare and
Development, in coordination with the Secretary of Public Works and Highways, shall
determine the location of each Crematorium per Legislative District, taking into
consideration the following qualifications:

(1) It shall be in a plot of land approved by the Sangguniang Bayan or Sangguniang
Panlungsod of the Municipality or City chosen for location by the Secretary of
Social Welfare and Development; and that

(2) It shall not be located within one hundred fifty (150) meters of any residential
structure or land used for residential purposes.


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Section 6. Supervision of each Crematorium. - The Department of Social Welfare
and Development shall exercise supervision and control over each Crematorium, in
addition to the duties and responsibilities of the Department under PD 856 and its IRR

Section 7. Organization of each Crematorium. - Each Crematorium shall have a
Crematorium Technician, who may be assisted by personnel pursuant to the
Implementing Rules and Regulations of this Act

The DSWD shall establish the necessary personal qualifications in the employment of
the Crematorium Technician, personnel and staff.

Section 8, Government Assistance. - The Secretary of Social Welfare and
Development is hereby authorized to call upon any department, bureau, agency, or
instrumentality of the government for any support necessary for the effective
implementation of this Act.

Section 9. Implementing Rules and Regulations. - The Department of Social Welfare
and Development, in consultation with the Department of Budget and Management,
Department of Public Works and Highways, Department of Environment and Natural
Resources, and the Department of Social Welfare and Development, within ninety (90)
days from the effectivity of the Act, shall promulgate the rules and regulations necessary
for the effective implementation of the provisions of this Act

The Department of Social Welfare and Development shall formulate the socialized rates
for the cost of cremation, proportionate to the financial capacity of the surviving family of
the deceased, and shall be incorporated in the Implementing Rules and Regulations

The technical specifications in the Implementing Rules and Regulations shall comply
with the provisions of PD 856 and Republic Act 8749 (Philippine Clean Air Act of 1999)

Section 10. Appropriations. - The funds required for the implementation of this Act
shall be taken from the budget of the Department of Social Welfare and Development
for the current fiscal year. Thereafter, the amount necessary to carry out the provisions
of this Act shall be included in the General Appropriations Act of the year immediately
following its enactment into law and subsequent thereto.

The fund may be augmented by grants, donations, and endowment from various
sources, domestic or foreign, for purposes related to their functions, subject to the
existing guidelines set by the government

Section 11. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions not affected thereby.

Section 12. Repealing Clause. - All laws, parts of laws, decrees, presidential
issuances, proclamations, orders, ordinances, and administrative regulations in conflict
with the provisions of this Act are hereby amended, modified or repealed accordingly.

Section 13. 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, whichever
comes earlier.

Approved