Republic of the Ph.ilippin_es
HOUSE OF REPRESHNTATIVES
Batasan Hills, Quezon City
NINE,TEENTH CONGRESS
First Regular Session
HouseBi!l`N-6.``"        5594
BAT I : .OEL8 20
*  "E:ty  uZ
- BY: _hi
Introduced by REP. PRINCESS RIHAN MANGUDADATU SAKALURAN
HXPLANATORY NOTE
The  right  to  freedom  of religion  and  belief is  enshrined  and  protected
under Article 3,  Section  5  of the  1987  Philippine Constitution,  which provides
that...   `_`N()   lc:w   shall   be   made   respecli,ng   an   establishment   Of  religion,   or
prohibiting the free exercise thereo.f
Thus,   the   Supreme   Court   in   the   landmark   decision   of  F,tJrcyc7c}   vs.
I?,`'cr7./rjr recognized that benevolent neutrality-accomm odation i s the fram ework
by which free exercise cases must be decided in the Phi.lippines.
Similarly,  Article  307  of the  Civil  Code  of Philippines  also  states:   "77?e
funeral  shall  he  ln accordance wilh  the expressed wiMhe^s t).f the deceased.  In lhe
clhsence ().f .such expre+s,sioyl, his religi()us  belief a ()r a.i.I iilialion .xhall determine lhe
.funeral  riles..I_n  ca_se  (I.f d(>ubl,  lhe f`tlrm  (>.f.lhe funeral  shall  bc  decided upt>n  hy
lhe per.st)n obliged lt) make arrangemenls i.t>r lhe same, a.i.ler ctimulling lire tilh6r
members (i.I lhe fain i ly'' .
Following  tli.ese  coil.stiti.i.tioii.al  all.d  legal  mandates,  this  proposed  bill  is
filed jn recognition of the rights of our Muslim brothers and sisters to bury their
dead in accordance with their religious rites and beliefs.
T!`Le dictates of Islam, LM.,islim burial rites are done as soon as possible after
death and within a twenty-four hour period. This practice is rooted in the Muslim
belief that the soul of the deceased is disturbed if its previous body is not lard to
rest  before  the  next  ca.11  to  pra.yer.  Sa.jd  ritual  ensii.res  that  the  dignity  Of the
deceased as well as their relatives emotions are respected.


Th]is   bill   therefore,   seeks   to   exempt   Muslims   from   the   immediate
registration of certificate of death and to prevent the withholding of cadaver in
the event that transportation or sliipment of the human remalns arises and likewise
penalize any violation thereof.


Republic of the Philippines
HOUSE OF REPRESHNTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
|i`irsl  Regular se.ssi()n
•-.-  '`         5594
HOUSE BILL NO.
Introduced by RHP. PRINCESS RIHAN MANGUDADATU SAKALURAN
AN ACT
T0 FACILITATE THE IMMEDIATE BURIAL OF MUSLIM CADAVER
IN  ACCORDANCE  WITH  THH  ISLAMIC  RITES  AND  FOR  OTHHR
PURPOSES.
Be it enacted by the  Senate and House Of Represen.ttativ'es Of the Philippirles in
Congress assembled..
S€c#.o#  _I.  r!.£Je.  This Act  shall  be known  as "Philippine Islamic Burial
Act".
Sec#.o# 2.  Dcc/¢r¢tr.o# a.f Po/!.c~v.  It is hereby declared the policy of the
State to recognize and respect the right of our Muslim brothers and sisters to bury
their dead  in  accordance  with  their rehgious  customs  and beliefs,  partjciilarly,
t!i.eir practice of buryi!i.g their dead before th.e 11.ext call to prayer.
Sectz.a/I 3. Rcgz.sfrofz.a/I a/Dc¢f/I.  Tn accordance with the lslarmic rites, the
dead body shaii be buried as soon as possible even without the certificate of death;
provided that the death shall be reported by the person who perfonned the burial
rites or by the nearest kin of tlie deceased fifteen ( 15) days after the date of burial
to the local health aiithoriity wl`Io shall certify the cause of deatl`i.
In the absence  of the health  officer or his authorized representative, the
death  shall  be  reported  to  the  Mayor  or  any  member  of  the  Sangguniang
Panlungsod/Bayan,  or tlie  Municipal  Secretary  as  the  case may be,  who  shall
certify as to the possible cause of death. Provided further, that no forensic interest
in the remains exist.


Secti,on 4. Proh.ibited With holding and Immediate Release Of Ca.dover. I:I.
shall be unlawftil for any hospital, medical cliiiic, funeral parlor, morgue, or other
similar  facilities  to  withhold  or  to  otherwise  cause,  directly  or  indirectly,  the
wi.thlioldi.ng of Muslim cadaver patients for reasons of nonpayinent jn part or jn
full of hospital bills or medical expenses, professional fees, and other fees.
For burial purposes in accordance with Islamic rites, the Muslim cadaver
shall  be released within 24 hours by the hospital, medical  c]iiiic, fuiieral parlor,
morgue, or other similar facilities with a right to demand the issuance of other
pertinent  papers reqiiired for the release of  tlie cadaver aiid intennent purposes
upon execution of a promissory note for the unpaid obiigation secured by either
mortgage or by a guarantee of a co-maker, who will bejojntly and severally liable
for the unpald obligation.
Secf!.o# 5. S/ic.p"c„f a/c¢d¢ver. In accordance with Islamic rites, the body
should be wrapped with cloth and place in the airtight cadaver bag that is leak
proof and shall be zipped or closed `vvith tapes or 5andage stLrip.  Provided that,
bodies of persons who have died due to epidemics or diseases wliich are threat to
public health shall secure transfer permit from local health authorities of the point
of origin.
Secfl.oH  6. Pt?#¢/ Provisz.o".  Any  officer  or  employee  of the  hospital,
medical clinic, funeral parlor, morgue, or other similar facilities responsible for
releasing cadaver aiid officers responsible for the immediate burial and transport
or shipment of the Muslim cadaver, who violates the provisions of this Act shall
be punished by a fine of not less than Fifty Thousand Pesos (P50,000.00), but not
more than One Hundred Thousand Pesos (P100,000.00), or imprisoiiment 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.
Section  7.  Ji#/cs ¢„d Regw/¢fi.oJ!s.  The  Department  of Healtli,  and  the
Natjona] Commission for Musliin Filipinos, shall promulgate the necessary rules
ai-id regillalioris of the provisiol-Is of ibis Act.
Sccfo" 8. Sapar¢bf./i.fy C/¢wsc.  Should any provision herein be declared
ui`iconstitiLtiorLal, tl`ic sairic sl`Lal]  i`iot affect t!`ic validity  of tl`ic otl`icr provisions of
this Act.
Scc£.9#   ,a.   Rgpede..r2g   C7£!!s€.   All   laws,   decrees,   orders,   rules   ap.d
regulations or other issuances or parts thereof inconsistent with the provisions of
this Act are hereby repealed.


uqgftrio7! /0. E/TgcJ7.vrty€  This Act shall take effect fifteen_ (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.
Approved.