FIFTE! TH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES =)
Second Regular Ses

HOUSE OF REPRESENTATIVES
House BillNo.___ 5025

Introduced by Representative Ben P. Evardone

EXPLANATORY NOTE

Deeply ingrained in our culture and tradition is our respect for the dead, especially our
loved ones.

Our intense religiosity brought about and developed funeral practices and burial customs
encompassing a wide range of personal, cultural, and traditional beliefs we Filipinos observe in
relation to bereavement, dying, honoring, respecting, interring, and remembering our departed
loved ones, relatives, and friends.

It is indeed alarming that nowadays news reports about cadavers or human remains being
detained by hospitals, morgues, medical institutions or funeral parlors due to unpaid medical or
funeral services rendered, appear on television, radio and newspapei

More disturbing, however, is the absence of a law prohibiting detention of cadavers or
human remains due to unpaid medical or funeral services, even as we were able to pass that law
prohibiting detention of patients for the same reason.

ill of someone who died, or blacken the
laking” practice of these hospitals,

While our libel laws prohibit the living to spe
memory of the dead, we seem to permit this “hostage-
morgues, funeral parlors. What quandary are we in?

This bill, coercive and restrictive it may be, assures every living soul that the respect
Filipinos accord him or her while alive, would, in death, remain ever true.

It is on this s

ore that immediate enactment of this bill is earnestly sought.

BI f P. RDONE

Representative
Lone District, Eastern Samar



4
15
16
7
18
19
20
2
22
23
24
28
26
27
28
23
30
31

FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES — )
Second Regular Session i]

HOUSE OF REPRESENTATIVES
House Bill No. 5035

Introduced by Representative Ben P. Evardone

AN ACT
PROHIBITING THE DETENTION OF CADAVERS OR HUMAN REMAINS BY
HOSPITALS, MORGUES, FUNERAL PARLORS AND MEDICAL CLINICS ON
GROUNDS OF NONPAYMENT OF HOSPITAL BILLS MEDICAL EXPENSES, AND
OR FUNERAL SERV

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 “Anti-Detention of Cadaver
Act of 2011."

SECTION 2. It shall be unlawful for any hospital, morgue, medical clinic, or funeral

parlor in the country to detain or io otherwise cause, directly or indirectly, the detention of

cadavers or human remains which have been extended medical or funeral services, solely on

account of non-payment, whether in full or in part of hospital bills, medical expenses, including

physician or similar fees, and funeral expenses.

SECTION 3. It shail likewise be unlawful for any person to prohibit or delay, directly or

indirectly. the issuance of Death Certificate of a person who died solely on account of non-

payment, whether in full or in part, of hospital bills, medical expenses, including phy:

similar fees, and funeral expenses.

SECTION 4. Any

cement or contract entered into allowing detention of such cadaver

or human remains, or death certificate shall be void.

SECTION 5. Penalties.—The penalty of imprisonment of two (2) years and a fine of
Two Hundred Thousand Pesos (P200,000.00) shall be imposed upon persons found violating or

causing another to violate Section 2 hereof.


10
au
12
43
14

15
16
v7
18
19

20

If the offender is a corporation, partnership, associ

ion or entity, the penalty shall be
imposed upon the officer or officers of the corporation, partnership, association or entity
responsible for violation; and if such officer is an alien, he shall, in addition to the penalties

herein prescribed, be deported without further proceedings:

CTION 6. ‘The Department of Health shall promulgate the necessary rules and

regulations to carry out the provisions of this Act

SECTION 7. All laws, executive orders or issuances, or any part thereof which are

inconsistent herewith are hereby repealed or amended accordingly.

ION 8. This Act shall take effect immediately upon its approval.

Approved,

VARDONE
Rep. i
Lone District of E: