Title
Amends sepulture site restrictions, permits waiver
Law
Republic Act No. 5716
Decision Date
Jun 21, 1969
Republic Act No. 5716 amends the Revised Administrative Code to modify restrictions on burial places in the Philippines, allowing cemeteries to construct burial structures near their boundaries and prohibiting additional restrictions imposed by local authorities.
A

Waiver Provision for Impracticability

  • If complying with the 25-meter distance is impracticable, a written permit may be issued by the Director of Health.
  • The permit may waive the distance requirement in whole or in part.
  • Such waiver is permissible only if it conforms to the community's sanitary requirements.

Construction Within Cemetery Boundaries

  • Authorized or established cemeteries with a permanent solid wall at least two meters high along their boundaries may construct or allow the construction of tombs, vaults, mausoleums, or other repositories of the dead up to the boundary lines.

Limitations on Local Government Units

  • Chartered cities, municipalities, and municipal districts are prohibited from imposing additional restrictions regarding the location of cemeteries or burial grounds.
  • They also cannot regulate or limit the construction or location of tombs, vaults, mausoleums, or other repositories within these cemeteries or burial grounds.

Definition of Dwelling House

  • For purposes of this law, "dwelling house" excludes any abandoned house.
  • Houses occupied by cemetery employees or attendants or those used for cemetery-related purposes are not considered dwelling houses under this provision.

Effectivity

  • The law took effect immediately upon its approval on June 21, 1969, without the need for Executive approval.

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