QuestionsQuestions (Act No. 1458)
Act No. 1458 applies throughout the Philippine Islands except the City of Manila, which is governed by the Sanitary Code of Manila under Act No. 1150.
It is unlawful to bury/inter the dead, or use land as a burial place (temporary or permanent) within fifty (50) meters of either side of any river, or within fifty (50) meters of any spring, well, or other source of water supply, unless authorized by the Director of Health.
After the passage of the Act, no burial ground or cemetery shall be authorized or established unless at least twenty-five (25) meters from any dwelling house. Cemetery-related houses (abandoned houses; houses used by employees/attendants; administrative houses) are not considered “dwelling houses,” and an open unobstructed space of at least twenty-five (25) meters on all sides must be maintained.
The Director of Health may, at his discretion, authorize the continuance of any such burial ground/cemetery that was established prior to the Act.
Subject to the approval of the Director of Health, the municipal council may set apart a tract of municipal land for a municipal burial ground/cemetery, designate a portion for the poor, lay out lots and reserved spaces, plant/embellish the area, and convey burial lots in the name of the municipality.
Land acquired by the municipality for municipal burial grounds/cemeteries is exempt from taxation, attachment, or levy of execution.
The proceeds must be deposited in the municipal treasury, kept separate, and may be disbursed by order of the municipal council upon properly prepared and signed vouchers for keeping in order, improving, and embellishing the burial ground/cemetery.
Yes. Municipal councils may make by-laws/regulations for administration of municipal cemeteries, recorded and filed as required. By-laws must not restrict or interfere with religious sentiments/customs regarding burial. They must not discriminate against burial based on race, nationality, or religion.
The Director of Health may close any burial ground/cemetery whenever he determines it is a menace to public health; municipalities may also close cemeteries within their jurisdiction with the Director of Health’s approval.
Yes. It is unlawful to establish, maintain, enlarge, or remove any burial ground/cemetery until a permit approved by the Director of Health is obtained.
Death certificates must include specified details such as name, age, sex, nationality, occupation, marital status, date/place of death, cause of death (if known), duration of illness, residence, whether permanent/transient, whether there was medical attendance and its length, attending physician details, and indications of violence/crime when applicable; it must be forwarded to the municipal secretary within forty-eight (48) hours after death.
Municipal secretaries issue permits upon presentation of death certificates and record interment details. No permit shall be granted until the required certificate is filed (subject to limited exceptions when a certificate form cannot be obtained). Any burial/interment/cremation permit is null and void after forty-eight (48) hours from issuance.
When it is certified or known that the person died with such a dangerous communicable disease, the body must be buried within twelve (12) hours after death unless otherwise directed by the local board of health.
Permission may be granted after the bodies have been buried for three (3) years. Special permits may allow earlier (after one and one-half (1.5) years) if it will not be detrimental to public health, or anytime if properly embalmed by an undertaker/embalmer or for bodies placed in receiving vaults awaiting transportation.
If the deceased had a surviving spouse with sufficient means, burial duty falls on the spouse. If unmarried or a child with adult nearest kin in the Philippines with sufficient means, duty falls on the nearest of kin. If no such spouse/kin with sufficient means exists, duty devolves upon municipal authorities; the estate remains liable for ultimate payment.