Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

S RECUuES > a
a 2013

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNo, 609

Introduced by HONORABLE MAR-LEN ABIGAIL S. BINAY

Explanatory Notes
The fact that many of our countrymen are either on or below poverty line is not
novel, so is ambulance chasing and the evils with it. A sad reality exists when people who
have already undergone the tragedy of losing a loved one or a dear friend have to face the

burden of paying for them.

Many instances of people not being able to bury their loved ones occur due to the
funeral parlors and other similar funeral service providers refusing to release the bodies
of the deceased until the embalming and other funeral expenses be paid. Thus what
happens is that the bodies almost rot or the families have to sell majority of their
belongings or some even result to crimes, but ultimately the fact that a deceased loved

one is not given the proper burial due to financial constraints is abhorring.

In most cultures the burial of the dead is sacred, specially with ours since we are
predominantly Catholic or Muslim, religions that believe in the requirements of proper
burial for a peaceful afterlife. That is why the evil of holding or refusing to release the
body of a person due to financial reasons is not acceptable, when negotiable instruments
and means of credit are available to secure the obligation so that even if the services are

provided first, there may still be payment. This bill seeks to address this wrong.

For the foregoing reasons, the early passage of this bill is earnestly sought.

MAR-LEN sigan. S. BINAY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

ra 9
HOUSE BILL NO: eu

Introduced by HONORABLE MAR-LEN ABIGAIL S. BINAY

AN ACT
ION OF BODIES IN FUNERAL HOMES AND
NON PAYMENT OF EMBALMENT OR ANY OTHER
FUNERAL SERVICES

PROHIBITING THE DE!
MORGUES ON GROUNDS O}

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

assembled.

SECTION 1. It shall be unlawful for any morgue, funeral parlor, undertaker's or any
other similar business that provides funeral services to detain or to otherwise cause, directly or
indirectly, the detention of the bodies of the deceased from their surviving relatives or any
other person taking responsibility for the body of the deceased for reasons of nonpayment in

part or full, of any cremation, embalming or any other funeral services.

SEC. 2. Surviving relatives or persons taking responsibility for the body of the deceased
and wish to bury the body but are financially incapable to settle, in part or in full, their funeral
expenses, including embalming, autopsy and any other similar funeral expenses, shall be
allowed to claim the body with issuance of all corresponding papers required for the release of
the body upon the execution of a promissory note covering the unpaid obligation. The
promissory note shall be secured by either a mortgage or by a guarantee of a co-maker, who
will be jointly and severally liable with the relatives or responsible person(s) for the unpaid

obligation.


SEC. 3. Any employee or person of the funeral home or morgue responsible for
releasing bodies, who violates the provisions of this Act shall be punished by a fine of not less
than Twenty thousand pesos (P20,000), but not more than Fifty thousand pesos (P50,000), 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 regulation to

carry out the provisions of this Act.

SEC, 5. If any provisions of this Act is declared void and unconstitutional, the remaining

provisions hereof not affected thereby shall remain in full force and effect.

SEC. 6. All laws, decrees, orders, rules and regulation or pars thereof inconsistent with

this Act are hereby repealed or amended accordingly.

SEC. 7. This Act shall take effect fifteen (15) day

newspapers of general circulation.

fter its publication in two national

Approved,

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