Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

20" CONGRESS
1st. fener Seip

HOUSE BILLNO!

Introduced by Representative SITTIE SHAHARA “BAI DIMPLE” I. MASTURA

AN ACT
PROVIDING EQUITABLE ACCESS TO PUBLIC CEMETERIES FOR MUSLIM FILIPINOS,
INDIGENOUS PEOPLES, AND OTHER DENOMINATIONS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Philippine society is a unique blend of diversity and homogeneity in religion, language, culture, beliefs,
customs, traditions, ethnicity and so much more, that even if our history is rich with narratives of
multiple attempts by colonists in the past to standardize our cultural practices, the Filipino identity
remains as varied as our country’s geographical make up.

One of the most telling and evident display of our cultural diversity is the manner by which we honor
the deceased in accordance with our beliefs, customs, traditions and institutions,

‘Muslim Filipinos for example practice Islamic burial rituals, deeply rooted in traditions guided by
religious doctrines emphasizing respect, dignity, compassion, and observance of significant customs.

Understanding these rituals is crucial not only for Muslim Filipinos but also for non-Muslims who may
encounter these practices because the burial of a deceased person in islamic traditions is a collective
obligation of the Muslim community and burial must take place as quickly as possible after death.

Indigenous Peoples on the other hand, perform customary burial rites as well to honor their dead
through prayers and ceremonies inspired and handed down to generations by indigenous ancestors,
inherently unique due to their strong family and communal relations among and between tribes.

However, the absence of available burial sites in existing public cemeteries that should cater to the
needs of our Muslim brothers and sisters, Indigenous Peoples and other denominations as they honor
their love ones in death, does not speak well of the inclusivity and non-discrimination or non-
preference to the free exercise and enjoyment of religious profession and worship guaranteed under
Sec. 5, Article Ill and; the recognition and promotion of rights of indigenous cultural communities
under Sec. 22, Article It of the 1987 Philippine Constitution.


This bill therefore seeks to resolve the unavailability of appropriate burial grounds in public cemeteries
for our Muslim Filipinos, Indigenous Peoples, and other denominations by providing the Local
Government Units (LGUs) with the mandate to establish, regulate and oversee these burial sites as far
as practicable within their territorial jurisdiction; in accordance with the diversity, equity and inclusivity
framework as we work to attain the true meaning of “equitable access for all”

In view of the foregoing, passage of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

20" CONGRESS
Ast Regular Session

3486

HOUSE BILLNO. *

Introduced by Representative SITTIE SHAHARA “BAI DIMPLE” |. MASTURA.

AN ACT
PROVIDING EQUITABLE ACCESS TO PUBLIC CEMETERIES FOR MUSLIM FILIPINOS,
INDIGENOUS PEOPLES, AND OTHER DENOMINATIONS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Equitable Access to Public
Cemeteries Act”.

SEC, 2. Declaration of Policy. —It is hereby declared a policy of the State to ensure the rights
and well-being of Muslim Filipinos, indigenous Peoples, and other denominations with due
regard to their beliefs, customs, traditions, and institutions by allowing equal access to burial
grounds in public cemeteries.

SEC. 3. Equitable Access to Public Cemeteries. ~ The heir or representative of a deceased
person shall be entitled to equitable access to public cemeteries to bury the deceased in
accordance with the customs, beliefs, and traditions of the deceased person.

SEC. 4. Apportionment and Partition of Public Cemeteries. ~ Public cemeteries shall have
an apportionment of burial grounds for Muslim Filipinos, Indigenous Peoples, and other
denominations based on their respective customs, beliefs and traditions. The burial grounds
shall be divided into partitions within the public cemetery with particular dimensions and
pathways for proper access thereto.

SEC. 5. Insufficiency of Burial Grounds. If the apportionment in SEC. 4 of this Act on
existing public cemeteries is not sufficient for whatever reason, the concerned local
government unit (LGU) may take steps to acquire land, including land outside of its
jurisdiction, to construct a public cemetery to satisfy the apportionment and partition in
accordance with this Act.


SEC. 6. Public Cemetery Board. — A Public Cemetery Board shall be created in all highly
urbanized cities, independent component cities, and provinces which shall determine the
apportionment and partition of the public cemeteries.

The Provincial Public Cemetery Board shall be chaired by the Governor of the concerned
LGU with the following members: the mayor of every city or municipality of the concerned
province; one (1) representative each from the National Commission on Muslim Filipinos
{NCMF), National Commission on Indigenous Peoples (NCIP), and civil society organization;
and two (2) representatives from two (2) other major denominations: Provided, That the
Chairperson shall only vote in case of a tie.

The City Public Cemetery Board shall be chaired by the mayor of the highly urbanized city
or independent component city with the following members: one (1) representative each
from the NCMEF, NCIP, and civil society organizations; and two (2) representatives from two (2)
other major denominations.

SEC. 7. Management and Supervision of the Public Cemeteries. ~ The management and
supervision of the operation of the public cemeteries, including the requirement of the burial
permit, the standard requirement for gravesites, and the procedure for the internment and
transfer of remains, shall be vested with the LGU where the public cemetery is located.

‘SEC. 8. Appropriations. ~ The implementation of this Act shall be funded from the share of
LGUs in the proceeds of national taxes and other local revenues and funding support from the
national government, its instrumentalities, and governmentowned and -controlled
corporations without prejudice to additional appropriations that may be made in the annual
General Appropriations Act.

SEC. 9. Implementing Rules and Regulations. — Within ninety (90) days from the effectivity
of this Act, the Department of the Interior and Local Government (DILG), in consultation with
the NCMF, NCIP, and concerned civil society organizations, shall promulgate the rules and
regulations to effectively implement the provisions of this Act.

SEC. 10. Separability Clause. - if any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected shall remain in force
and effect.

SEC. 11. Repealing Clause. Any law, presidential decree or issuance, executive order, letter
of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed
or modified accordingly.

SEC. 12. Effectivity. — This Act shall take effect within fifteen (15) days after its complete
publication in the Official Gazette or a newspaper of general circulation.

Approved,