THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 
9 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORY NOTE 
At present, the desecration of the dead is not one of the crimes defined and 
penalized under the Revised Penal Code. Anyone caught dumping a dead person, 
unless charged with murder or homicide, would only be guilty of violating the law 
relative to the burial of the dead person. But such law, specifically Presidential Decree 
No. 856, otherwise known as the Code on Sanitation, provides the penalty of less than 
six months of imprisonment and/or a fine of less than P1,OOO.OO. 
This proposed measure aims to correct the infirmity of existing laws, by defining 
the crime of desecration of the dead and providing appropriate penalties for violations 
thereof. Furthermore, it imposes the stiff penalty of prison mayor to discourage 
possible offenders from committing such reprehensible acts. 
With the passage of this bill, it is hoped that the time-honored Filipino tradition 
of respecting the dead would be preserved and institutionalized. 
In view of the foregoing, approval of this measure is earnestly sought. 
A 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
AN ACT 
DEFINING AND PENALIZING THE CRIME OF DESECRATION OF 
THEDEAD,ANDFOROTHERPURPOSES 
Be it enacted by the Senate and House Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title. - This Act shall be known as the "Desecration of the Dead 
Act of 2004." 
SECTION 2. Definition of Terms. - As used in this Act, the following tekms shall 
mean: 
a. 
b. 
c. 
d. 
e. 
Dead - any person no longer alive; 
Infant - any child less than three (3) days of age; 
Fetus - an unborn human being from the moment of conception; 
Cadaver - the body of any dead person; 
Mutilating - any act carried out with the intention of cutting or chopping 
off any part of the human body; 
Grave - any tomb or site where the dead is buried; 
Embalming - treating a dead body to preserve it from decay. 
f. 
g. 
SECTION 3. Desecration of the Dead; Penalties.- The penalty of prkion mayor 
shall be imposed upon any person who shall commit the crime of desecration of the 
dead by committing any of the following acts: 
a. 
Dumping of dead person, including infants and fetuses, with the intent 
of abandoning the cadaver; 
Mutilating the dead, including infants and fetuses, except for embalming 
and medical purposes; 
Destruction of tombs and other private or public burial sites; 
Taking from the grave the personal property buried with the dead 
b. 
c. 
d. 
including, but not limited to, the coffin, clothing and jewelry; 
e. 
Burying the dead, including infants and fetuses, without securing 
approval and appropriate permits from local health units; 
Having sexual contact or activity with the dead; 
f. 


2 
g. 
Selling the cadaver to any individual or institution without securing the 
approval and appropriate permit from local health units; and 
Conducting any medical study or experiment on the dead, including 
infants and fetuses without securing approval and appropriate permit 
from local health units. 
h. 
SECTION 4. Responsibility of the Local Health Units. .- In addition to the 
responsibilities prescribed in Section 100 of Presidential Decree No. 856, otherwise 
known as the Code on Sanitation, with regard to the disposal of dead persons, the 
local health units shall also issue the permits necessary in compliance with this Act. 
SECTION 5. Aggravating Circumstance. The commission of the crime of 
desecration of the dead to evade prosecution for any crime shall be considered an 
aggravating circumstance of said crime. 
SECTION 6. Separability Clause. - If any portion or provision of this Act is 
declared void or unconstitutional, the remaining provisions hereof shall not be 
affected by such declaration. 
SECTION 7. Repealing Clause. - All laws, presidential decrees, executive orders 
or rules and regulations, or parts thereof inconsistent with the provisions of this Act 
are repealed or modified accordingly. 
SECTION 8. Effectivity. - This Act shall take effect after fifteen (15) days from 
its publication in at least two (2) newspapers of general circulation. 
Appro ved,