TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
25 JUL 21 A10 38
SENATE
s. No. 736
RHCfiVZD c
Introduced by Senator FRANCIS N. PANGILINAN
AN ACT
REGULATING CREMATION TO PRESERVE BIOLOGICAL EVIDENCE FOR 
DELIVERANCE OF JUSTICE, PROVIDING PENALTIES THEREFOR AND FOR 
OTHER PURPOSES
EXPLANATORY NOTE
The integrity of forensic evidence is crucial to the administration of justice. 
However, current cremation practices in the Philippines are critically flawed, as 
highlighted by a case involving the kidnapping and murder of a South Korean 
businessman. Reports indicated his premature cremation in October 2016, allegedly 
by police officers involved in his murder, under the pretext of an illegal drugs 
investigation. The subsequent disposal of his ashes further underscored the potential 
for cremation to be exploited to erase crucial evidence.
This incident reveals a significant gap in our legal framework on post-mortem 
procedures. The rapid cremation of a deceased person, particularly under suspicious 
circumstances, can irrevocably destroy biological evidence crucial for criminal 
investigations, such as DNA samples from tissues, fingerprints, and even photographs 
of injuries. Without proper protocols, criminals can exploit cremation as a convenient 
method to obstruct justice, making it nearly impossible to link them to their crimes.


This bill seeks to establish appropriate measures and processes for cremation. It 
aims to preserve biological evidence prior to cremation in order to prevent the 
deliberate destruction of evidence, ensure that forensic examinations can be 
conducted when a crime is suspected, and provide accessible data for future 
investigations, ultimately reinforcing the delivery of justice.
This proposed legislation, inspired by a measure previously filed by the late 
Senator Miriam Defensor-Santiago, is earnestly sought to protect the dignity of the 
deceased and, essentially, to prevent cremation from becoming a tool for criminals to 
escape liability.
FRANCIS
ANGILINAN
Serator


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S. No. 736
25 JUL 21 A10 38
RtCtiVLu C
Introduced by Senator FRANCIS N. PANGILINAN
AN ACT
REGULATING CREMATION TO PRESERVE BIOLOGICAL EVIDENCE FOR 
DELIVERANCE OF JUSTICE, PROVIDING PENALTIES 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 "Mandatory Collection 
of Biological Specimen and Identification Samples Act."
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
ensure the efficient administration of justice and guarantee that criminal elements will 
not be able to obstruct investigations. Toward this end, the collection of biological 
specimen and identification samples shall be made mandatory prior to the cremation 
of dead bodies.
Sec. 3. Records and Certificates. - The managers of each crematory shall keep 
books of record, which shall be open at reasonable times for inspection, in which shall 
be entered the name, age, sex, and residence of each person whose body is cremated 
together with digital photos, tissue samples collected for purposes of DNA analysis or 
storage, fingerprints and/or thumbprints and the authority for such cremation and the 
disposition of the ashes.
The owner or superintendent shall complete the required cremation permit, 
retain a copy for its records and immediately forward the original permit to the local 
registrar of the town or city in which the death occurred.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
The local registrar shall keep the cremation permit on file and record it with other 
vital statistics. When any body is removed from a town or city where the death 
occurred for the purpose of cremation, the person having the legal custody and control 
of such body shall cause a certificate to be procured from the person in charge of the 
crematory in which such body is incinerated, stating the facts called for in this section, 
and cause such certificate to be filed for record with the registrar of the town or city 
in which the death occurred.
Each crematory shall retain on its premises, for not less than five (5) years after 
final disposition of cremated remains, books of record, digital photos, tissue samples 
collected for purposes of DNA analysis or storage, fingerprints and/or thumbprints, 
copies of cremation permits, cremation authorization documentation, and 
documentation of receipt of cremated remains.
Sec. 4. Cremation Requirements. - The body of any deceased person may be 
disposed of by incineration or cremation in the town or city where the death occurred 
or may be removed from such town or city for such purpose; Provided, the following 
requirements are met:
a) 
at least forty-eight (48) hours transpired since the death occurred;
b) 
the civil and medical authorities have issued the required permits;
c) 
all necessary authorizations have been obtained and no objections have 
been raised; and
d) 
decedent's remains have been identified by the legal next of kin or 
authorized agent.
Sec. 5. Filing of Death Certificate. - The death certificate required by law shall 
be filed with the local registrar of the town or city in which such person died, if known, 
or, if not known, of the town in which the body was found.
Sec. 6. Cremation Certificate. - The chief medical examiner, deputy chief medical 
examiner, associate medical examiner, or an authorized assistant medical examiner 
shall complete the cremation certificate, stating the following:
a) 
He has made inquiry into the cause and manner of death; and
b) 
He is of the opinion that no further examination is necessary.
The cremation certificate shall be submitted to the local registrar of the town or 
city in which such person died, if known, or, if not known, of the town or city in which
2


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
the body was found, or with the local registrar of the town or city in which the nearest 
kin or the person having lawful authority over the body is located.
Sec. 7. Cremation Permit - The local civil registrar shall issue a cremation permit 
upon receipt of the cremation certificate which he/she shall keep on permanent 
record. If the cremation certificate is submitted to the registrar of the town or city 
where the nearest kin or the person having lawful authority over the body is located, 
such certificate shall be forwarded to the registrar of the town or city where the person 
died to be kept on permanent record.
When the cremation certificate is submitted to a town or city other than that 
where the person died, the local registrar of such other town or city shall ascertain 
from the original removal, transit, and burial permit that the certificates required by 
the laws, rules, and regulations have been received and recorded, that the body has 
been prepared in accordance with laws, rules, and regulations, and that the entry 
regarding the place of disposal is correct.
Sec. 8. Penaity. - Any person who makes any false statement in procuring any 
permit required by this Act, or who vioiates any provision of this Act, shall be fined 
not less than One Million Pesos (P1,000,000.00) or imprisoned for not iess than five 
(5) years, or both.
Sec. 9. Impiementing Rules and Regulations. - The Secretary of Health shall 
issue the necessary rules and regulations to carry out the objectives of this Act.
Sec. 10. Separability Clause. - If any provision of this Act or part thereof, is held 
invalid or unconstitutional, the remainder of the law not otherwise affected shall 
remain valid and subsisting.
Sec. 11. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or 
inconsistent with, the provisions of this Act is hereby repealed, modified, or amended 
accordingly.
Sec. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved,