QuestionsQuestions (Act No. 1725)
The main purpose of Act No. 1725 is to allow the disinterment and transfer of human remains in pending cases where applications for such disinterment were made before the passage of this Act, despite the prohibition under Act No. 1458 which prohibits disinterment within one and one-half years after burial.
Act No. 1458 prohibits the exhumation or disinterment of human remains within one and one-half years after interment or burial.
The Director of Health is authorized to grant permits for the removal of human remains in cases where applications for disinterment were made prior to the passage of Act No. 1725.
No, Act No. 1725 specifically applies only to pending cases where applications for disinterment were made before the passage of the Act; it does not generally repeal the prohibition under Act No. 1458 for new cases.
Act No. 1725 took effect immediately upon its passage on September 23, 1907.
The public policy reason cited is the need to accommodate persons, particularly from the United States, who had arranged the transfer of remains before they were aware of the prohibitions under Act No. 1458, recognizing the public good requiring the law's speedy enactment.
Act No. 1725 was enacted by the Philippine Commission by authority of the United States.
The passage of Act No. 1725 was expedited under section two of 'An Act prescribing the order of procedure by the Commission in the enactment of laws,' passed on September 26, 1906.
While not explicitly detailed in the text, the applicant must have filed an application for disinterment prior to the enactment of Act No. 1725 to be eligible for a permit from the Director of Health.
No, Act No. 1725 does not repeal Act No. 1458; it only provides an exception allowing disinterment permits for certain pending cases filed before this Act went into effect.