Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 8715

Introduced by: Honorable Mar-Len Abigail S. Binay

EXPLANATORY NOTE
‘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.

wont S. BINAY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO._8 715

Introduced by: Honorable Mar-Len Abigail S. Binay

AN ACT
PROHIBITING THE DETENTION OF BODIES IN FUNERAL HOMES AND
MORGUES ON GROUNDS OF NON PAYMENT OF EMBALMENT OR ANY
OTHER FUNERAL SERVICES.

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, undertakers 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, for reasons of

nonpayment in part or full, of any cremation, embalmer or any other funeral services,

by the surviving relatives or any other person taking responsibility for the body of the
deceased.

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, at the sole option
and prerogative of the surviving relatives or persons taking responsibility for the body
of the deceased, by any of the following: (i) mortgage, or (ii) 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) days after its publication in two

national newspapers of general circulation.

Approved,