Public Crematorium Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL 10 P6:24 First Regular Session RICARROT Introduced by Senator Raffy T. Tulfo AN ACT MANDATING THE ESTABLISHMENT OF PUBLIC CREMATORIUMS IN CITIES AND MUNICIPALITIES AND EXTENDING FREE CREMATION SERVICES TO INDIGENT FAMILIES, AMENDING FOR SUCH PURPOSE SECTION 17 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE A death in the family is not only a time of grief but also a period of deep financial stress. In the Philippines, both the traditional funeral and burial services can range from ten thousand to hundreds of thousands of pesos. Traditional burials have also posed issues due to the lack of space, especially in urban cemeteries. In the alternative, the process of cremation is a readily available, cost-effective, and practical option which Filipinos can now consider. Cremation is the process of burning a dead body, typically after a funeral ceremony. Previously, Filipinos favored the traditional burial rites due to religious concerns, however, with the COVID-19 pandemic experience, many individuals have become more open and aware to the process of cremation as a means of burying their departed ones. While there are programs that aid indigent families, such as those funeral benefits given by the Department of Social Welfare and Development and funeral packages offered by some local government units, this bill seeks to establish public crematoriums that cremate indigent decedents free of charge; this is to provide alternative options to

the traditional burial for poor families, without compromising the health and safety of the public by adopting the appropriate and environmentally-sound measures and practices. In view of the foregoing, the urgent passing of this bill is earnestly sought. RAFFY T. TULFO MOR

i. i TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 10 P6:24 SENATE NOTABBI S. No._ Introduced by Senator Raffy T. Tulfo AN ACT MANDATING THE ESTABLISHMENT OF PUBLIC CREMATORIUMS IN CITIES AND MUNICIPALITIES AND EXTENDING FREE CREMATION SERVICES TO INDIGENT FAMILIES, AMENDING FOR SUCH PURPOSE SECTION 17 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress Assembled:

Section 1. Title. — This Act shall be known as the "Public Crematorium Act."

Sec 2. Declaration of Policy. — It is the policy of the State to promote a just and

dynamic social order that will ensure the freedom of its people from poverty through policies that provide adequate social services and improved quality of life. As part of fulfilling this, the State shall establish public crematoriums that shall provide free cremations for indigent decedents.

Sec. 3. Definition of Terms. — The following terms as used in this Act shall mean

the following: a. A crematorium refers to a designated place duly authorized by law to cremate dead persons. b. Indigent refers to a person who has no visible means of support or whose income falls below the minimum wage in the region as determined by the Regional Tripartite Wage Board; or whose income falls within the minimum wage but has two other persons dependent upon him or her for support.

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Sec. 4. Establishment of Public Crematoriums. - Section 17 of Republic No. 7160,

as amended, otherwise known as the Local Government Code is hereby amended to read as follows: "Section 17. Basic Services and Facilities - XXX XXX XXX (b) Such basic services and facilities include, but are not limited to, the following: XXX XXX XXX (2) For a Municipality: XXX XXX XXX (x) Public cemetery AND PUBLIC CREMATORIUM" Furthermore, the design, construction, technical requirements, sanitary certification, and operation of the public crematories, as well as handling of dead bodies shall be in compliance with the Presidential Decree 856, otherwise known as the "Code on Sanitation of the Philippines" and Republic Act No. 8749, or the "Philippine Clean Air 16 Act of 1999," and their respective implementing rules and regulation.

Sec 5. Anti-Pollution Measures. — The Department of Environment and Natural

Resources (DENR) shall issue pertinent guidelines and practices promoting anti-pollution measures such as, but not limited to, installation of filter systems and similar pollution control devices, designation of pollution officers, neutralization of pollutants and toxic wastes, reduction of particulate matter, more efficient use of fuel and energy, adequate controls on emission levels, among others.

Sec 6. Coverage. - Families whose combined gross income does not exceed Php

15,000 per month, do not own real property, or a vehicle. The real property mentioned refers to property acquired through sale.

Sec 7. Provision of Free Cremation Services for Indigents. — Notwithstanding any

provision of law, indigent decedents or a decedent belonging to an indigent family, as determined by the city or municipal health officer, on the basis of existing laws and 29 regulations, shall be cremated in public crematoriums free of charge.

The local city or municipal health officer shall duly record all cremations performed in the public crematorium.

Sec 8. Subsidy from the National Government. - The costs for the establishment

4 of public crematoriums in accordance with the provisions of this Act shall be provided in the Annual General Appropriations Act.

Sec 9. Implementing Rules and Regulations. - The Department of Interior and

Local Government, in coordination with the Department of Budget and Management and the Department of Finance shall issue the necessary rules and regulations for the release of the subsidy from the National Government in accordance with Section 3 of this Act. The Department of Health, in coordination with the Department of Environment 11 and Natural Resources shall promulgate the necessary rules and regulations with respect 12 to the minimum technical requirements for public crematoriums taking into consideration 13 the population size of cities or municipalities, the necessary environmental precautions 14 and safety measures for their establishment as well as other matters provided for in this 15 Act.

Sec 10. Repealing Clause. - All provisions of laws and rules inconsistent with the

provisions of this Act are hereby repealed or amended accordingly.

Sec 11. Separability Clause. - If for any reason, any section or provision of this

19 Act is declared unconstitutional or invalid, the other sections or provisions not affected 20 thereby shall remain in full force and effect.

Sec 12. Effectivity Clause. - This Act shall take effect fifteen (15) days following

its publication in a newspaper of general circulation. Approved,