Implementing Rules on Disposal of Dead Persons

Coverage, scope, and definitions

These implementing rules apply to all crematories, funeral and embalming establishments, medical and research institutions, undertakers, embalmers, public and private burial grounds, and other similar institutions operated by government agencies or instrumentalities, including government-owned or controlled corporations, private organizations, firms, individuals, or other entities.
“Burial” is the interment of remains in a grave, tomb or the sea.
“Burial Grounds” are cemeteries, memorial parks, or any place duly authorized by law for permanent disposal of the dead.
“Cremation” reduces human remains to bone fragments of fine sand or ashes through combustion and dehydration.
“Cremains” are the ashes resulting from cremation of a dead body.
“Crematorium” is any designated place duly authorized by law to cremate dead persons.
“Death certificate” is a document issued by the attending physician or, in his absence, by the city/municipal health officer or other duly authorized government official using the prescribed form certifying death.
“Disinterment” is the removal or exhumation of remains from places of interment.
“Embalming” is preparing, disinfecting, and preserving a dead body before final disposal.
“Embalmer” is a duly licensed person who applies or introduces any chemical substance or drug or herbs internally or externally to a dead human body for embalming, disinfecting, and preserving.
“Funeral establishment” includes funeral parlors, funeral chapels, and similar places used in the preparation, storage, and care of the body of a deceased person for burial or cremation.
“Morgue” is a place in which dead bodies are temporarily kept pending identification or burial.
“Sanitary permit” is the written permission/certification issued by the city or municipal health officer (or, in his absence, the chief/head of the sanitation division/section/unit) that the establishment complies with sanitation requirements upon evaluation or inspection conducted under Presidential Decree Nos. 522 and 856 and local ordinances.
“Undertaking” is the care, transport, and disposal of the body of a deceased person by any means other than embalming.

Burial ground clearance and requirements

Initial clearance from the Department of Health is required for establishing and opening a public cemetery or memorial park, based on submission and compliance with the requirements under the rules.
For public cemetery or memorial park initial clearance, applicants must file:
- an application for establishing and opening;
- a resolution of the city/municipal council for the cemetery site embodying strict compliance;
- a triplicate map showing the dimensions of the cemetery (length and width) and the 25–50 meter zones, dwelling places, and water supply sources within said zones;
- proof of land title registered with the Register of Deeds for the province/city;
- certification from the sanitary engineer on suitability of the land including depth of water table during dry and rainy seasons, highest flood level, direction of run-off, drainage disposal, distance from dwelling house within the 25 meter zone, and drilling of a well or potable water source within the 50 meter zone;
- a plan for a reinforced concrete wall or steel grille (or combination) of minimum height of two (2) meters with a steel grille main door provided with a lock;
- a plan for a chapel/structure/building for public assembly with minimum area of 50 square meters (5 m x 10 m) for funeral ceremonies and protection from sun or rain;
- a plan for a 4-meter wide main road from the gate to the rear and 1-meter minimum cross roads dividing the cemetery into lots and sections;
- a topographic map of the cemetery zone; and
- a technical description including: cemetery/memorial park name (or applicant and location for private sites), exact dimensions, total area, 25 meter zone demarcation, names of land/residential owners within the 25 meter zone with portions, compass orientation (north at the top of plan), and distances of corners from permanent topographical objects to facilitate identification even if fencing/wall is removed.
If the land is public land, the site must be set aside by the President of the Philippines for cemetery purposes, and the application must be coursed through the Lands Management Bureau, Department of Environment and Natural Resources with a resolution by the city/municipal council or provincial board, whichever body is concerned.
If the land is owned by the municipality or component city, the provincial board may set aside the land upon recommendation of the city/municipal council; for chartered/highly urbanized cities, the city council sets aside the land.
For private property sites, the ownership title must be duly registered; if there is a donation, the deed of donation must also be registered.
For private burial grounds/place of enshrinement, initial clearance requires compliance with specified public cemetery requirements plus:
- a city/municipal council resolution permitting establishment;
- certification from the city/municipal planning and development office on site location;
- certification from the city/municipal engineer that designs conform to the National Building Code of the Philippines;
- a minimum size of at least 1.2 hectares, including a 50-meter buffer zone around the niche/space for interment;
- burial limited to 10 niches occupying not more than 30 square meters, located at the center of the proposed site;
- additional burials not exceeding the 30 square meters designated site and constructed only above existing niches, but in no case more than 4 niches or 3.0 meter high, whichever is lower;
- niches totally enclosed with concrete or other impervious material strictly watertight, flooring slightly sloped at the center, a 5 cm noncorrosive “weep hole” constructed directly on the ground and located opposite the niche opening and not exposed to the atmosphere as a drain, with a reverse air vent arrangement applicable to apartment-type/honeycomb-type/capsule-type niche arrangements.
The regional health director issues initial clearance upon submission and review of the requirements for public or private burial grounds.
After completion but before operation, the regional health office conducts a validation of compliance; an operational clearance is issued by the regional health director and serves as the basis for issuance of the sanitary permit by the local health office.

Sanitation standards for burial grounds

Burial grounds must provide adequate toilet and handwashing facilities:
- adequate, clean, accessible toilets for male, female, and disabled persons/personnel in properly located areas;
- adequate lavatories with soap and hand dryer within or adjacent to toilet rooms;
- toilet rooms completely enclosed, properly lighted and ventilated, with ventilation by windows or exhaust fans;
- odor absorbent materials (saw dust and activated carbon) installed in toilet rooms;
- light-colored painted/finished toilet room walls.
The number of fixtures must follow the tables:
- Table 1 (Male Comfort Room): below 50 persons—1 toilet; 50–100—2 toilets and 1 urinal; for each additional 100 males—1 toilet, 1 urinal, 1 lavatory.
- Table 2 (Female Comfort Room): below 30—1 toilet and 1 lavatory; 30–100—2 toilets and 2 lavatories; for each additional 50 females—1 toilet; for each additional 100 females—1 lavatory.
- Table 3 (Personnel Comfort Room): below 30—male 1 toilet/1 urinal/1 lavatory and female 1 toilet; 30–49—male 1 toilet/2 urinals/2 lavatories and female 2 toilets; 50–99—male 2 toilets/2 urinals/3 lavatories and female 3 toilets; for every 100 and above, one (1) fixture for each 50 personnel.
Toilet structural requirements require:
- local health officer approval based on recommendations of the city/municipal engineer or sanitary engineer, covering toilet plans, plumbing connection in compliance with the National Plumbing Code of the Philippines, and sewage disposal method (individual sewage disposal system, subsurface absorption system, or other treatment device);
- minimum space requirements (1.50 sq m / 10 sq ft per toilet; 1.11 sq m / 12 sq ft per lavatory and 1.11 sq m / 12 sq ft per urinal);
- minimum toilet ceiling height of 2.50 meters;
- lighting of at least 10 foot-candle (107.6 lux);
- natural ventilation window space of at least 10% of floor area;
- mechanical ventilation using an exhaust fan.
Water supply must be adequate and potable and must meet Philippine National Standards for Drinking Water; all water sources must have a certificate of potability issued by the local health officer; a minimum supply of 40 liters per capita per day must be maintained.
Food and drink dispensing must comply with Chapter III on “Food Establishments” of P.D. 856 and its implementing rules and regulations.
Sewage disposal and drainage must require:
- burial ground sewage plumbing connected to a public sewerage system, or where absent, to an imhoff or septic tank or other wastewater treatment facility and subsurface absorption field;
- a one (1) year transition period for compliance; no renewal of sanitary permit after the transition period;
- storm water discharged to a storm sewer system where it exists.
Solid waste management must require:
- at least two (2) refuse receptacles per strategic area—one for biodegradable and one for non-biodegradable—with tight-fitting covers, lined with black plastic bags for non-biodegradable and green plastic bags for biodegradable materials;
- refuse collection performed by burial ground personnel;
- prohibition on accumulation of refuse that can become harborage/breeding places of vermin;
- refuse collection/segregation/storage/disposal in accordance with sanitary procedures and regulations;
- separate storage room/bin for dry and wet refuse.
Vermin control must be maintained:
- owners/operators/administrators must maintain a vermin abatement program; if they fail, the local health agency undertakes the work at their expense;
- office rooms, toilet rooms, and openings to outdoor space must be screened unless air-conditioned, and doors must be tight-fitting and self-closing;
- below grade openings must be rat-proofed, including windows, lighting, and ventilation; all openings in exterior walls and roof must be rat-proofed; for heavy rat infestations, wooden exterior floors must be covered with cuff and chain sheet metal and equipped with an automatic closing device;
- growth of bush, weeds, and grass must be controlled to prevent harborage of ticks, bugs, and other noxious insects.

Death, shipment, grave, and disease rules

No remains may be buried or cremated without a death certificate.
The death certificate must be issued by the attending government or private physician.
In extreme cases with no physician in attendance, the death certificate may be issued by:
- the city/municipal health officer; or
- the mayor; or
- the secretary of the municipal board; or
- a councilor of the municipality where the death occurred.
The death certificate basis must be an affidavit executed by a reliable informant stating the circumstances regarding the cause of death.
Death must be reported to the local health officer within 48 hours after death, and the death certificate must be forwarded to the local civil registrar concerned within 30 days after death for registration.
Shipment/transfer of cadavers requires:
- death certificate;
- transfer permit from the local health authority at the point of origin;
- properly embalmed remains;
- transit permit from places the remains will pass if local ordinances require it;
- shipment to and from abroad governed by the rules and regulations of the National Quarantine Office.
Grave requirements require:
- grave depth at least 1.5 meters, with remains buried in a grave filled well and firmly; and
- prohibition on burial in graves where water table is less than 2 meters from the natural ground surface.
Burial costs must be borne by the nearest kin in this order: spouse; descendants in the nearest degree; ascendants in the nearest degree; brothers and sisters.
If the nearest kin is absent or not financially capable, the cost is borne by the city or municipal government.
Funerals must be in keeping with customs/traditions and expressed wishes/religious beliefs of the deceased as long as they are in accordance with law.
Burial in city/municipal burial grounds and similar burial grounds cannot be prohibited on account of race, nationality, religion, or political persuasion.
Medico-legal deaths: when the local health officer issuing a death certificate has reasons to believe death was due to violence or crime, the officer must immediately notify the Philippine National Police or National Bureau of Investigation concerned.
Violence or crime includes: stab wounds, gunshot wounds, suicide of any kind, strangulation, accident resulting to death, actual physical assault inflicting injuries resulting to death, and other acts or violence resulting to death or sudden death of undetermined cause.
For medico-legal cases involving violence or crime, burial is prohibited until permission is obtained from the provincial or city prosecutor where the death occurred.
If the provincial or city prosecutor is absent, permission must be obtained from any of these in the place where death occurred: municipal or city judge; municipal or city mayor; chief of police.
Exhumation permits for medico-legal purposes must be subject to conditions including:
- death must first be registered with the local civil registrar;
- exhumation and transfer permits must be secured;
- only proper authorities and authorized persons may be present;
- immediately upon exhumation, remains must be disinfected, investigated by authorities, and then re-buried at the authorized burial place.
Unembalmed dead bodies may not remain unburied longer than 48 hours after death except:
- when permitted by the local health authority for valid reasons such as flood, calamities and disasters, provided the cause was not dangerous communicable disease; or
- when there is necessity for legal investigation, but in no case more than 72 hours regardless of cause.
Dangerous communicable diseases include: AIDS/HIV Infection; Cholera; Ebola hemorrhagic fever; Hepatitis; Plague; Yellow Fever; Meningococcemia; and other dangerous communicable diseases declared by the Department of Health.
When the cause of death is a dangerous communicable disease, remains must be:
- buried within 12 hours after death;
- not taken to any place of public assembly;
- attended only by adult family members;
- placed in a durable, air-tight, sealed casket;
- not allowed a transfer permit.

Disinterment, exhumation, and cemetery closure

A disinterment/exhumation permit is issued by the local health officer, and all disinterment of remains is under the local health officer’s supervision.
Disinterment of persons who died of non-dangerous communicable disease requires:
- burial for three (3) years before disinterment permission may be granted;
- disinfection upon exhumation and placement in a sealed coffin case or box, properly identified with name, date, cause of death, and place of reinterment;
- exhumation and transfer permits secured from the point of origin;
- death certificate; and
- reburial permit secured at the reinterment place.
Disinterment of persons who died of dangerous communicable disease requires:
- burial for five (5) years before exhumation;
- disinfection upon exhumation and placement in a hermetically sealed container properly identified as to name, date and cause of death, and place of origin;
- exhumation and transfer permits secured from the point of origin;
- death certificate; and
- reburial permit at the place of reinterment.
Disinterment covered by the above waiting periods may be permitted within a shorter time in special cases such as requests by the court or police or the agent of the National Bureau of Investigation (medico-legal cases), subject to approval of the regional health director.
Closure of cemeteries: upon recommendation of the local health authority, a cemetery may be ordered closed by the regional health director subject to approval of the Secretary of Health when its further use poses a threat to public health, including when:
- the 25 meter and 50 meter distance requirements from the nearest dwelling house and source of water supply, respectively, are no longer met; or
- the cemetery has been utilized in full and further burials can no longer be made.
Closure/removal requires:
- a city/municipal council resolution for closure or removal;
- exhumation and transfer permits secured from the local health authority as recommended by the local health officer;
- individual notices and publication/posting of names of deceased persons to be exhumed for 30 days prior to exhumation date to allow relatives to claim remains for disposition in accordance with law;
- disinfection of all exhumed remains; separate coffins/cases/boxes for claimed remains with identification of name, date, cause of death, and place of reburial; unclaimed remains placed in one box/case and in a common grave at the authorized burial place;
- exhumation and reburial under supervision of the local health officer to ensure public health is not endangered.

Re-opening, crematories, and funeral establishments

A cemetery closed due to violation under the closure grounds must be re-opened only upon compliance with all requirements stipulated in the rules.
The regional health director with approval of the Secretary of Health may authorize re-opening after inspection and compliance by the cemetery owner/operators.
Re-opening requires:
- completing the report form on old cemetery, including the date of the last interment;
- a city/municipal council resolution for re-opening;
- general exhumation after necessary exhumation and burial permits are secured and relatives/nearest of kin are notified to claim remains for reburial at any authorized burial place;
- individual notices and publication/posting for 30 days prior to the date of exhumation;
- disinfection of remains; separate coffins/cases/boxes for claimed remains with identification; unclaimed remains placed in one box/case in a common grave permanently covered to safeguard public health;
- leveling of the cemetery ground and maintaining roads/paths, chapel, structures, and fence in good sanitary condition after exhumation;
- starting earthworks, demolition, construction, rehabilitation, and related works only after all exhumations are completed;
- conformity of re-opening to all requirements and conditions in the rules.
Crematorium establishment:
- No crematorium may be established without submitting a feasibility study reviewed by the regional health office and approved by the Secretary of Health or a duly authorized representative.
- No crematorium may be operated without a sanitary permit issued by the local health officer.
- A crematorium sanitary permit is valid for one (1) year, ending on the last day of December of each year, and is renewed every first month of the year thereafter.
- The permit must be posted in a conspicuous place in the crematorium and made available for inspection by authorized national and/or local health personnel.
- Personnel handling cremation must be licensed undertakers and must wear coveralls, rubber gloves, face masks, and other appropriate PPE.
- No person may be employed in the crematorium without a health certificate issued by the local health office.
- Washing facilities with soap, detergents, and germicidal solution must be available exclusively for crematorium personnel.
- Only crematorium personnel may enter the cremation room.
- Public and private cemeteries, funeral parlors, and hospitals may establish and operate crematoria subject to these implementing requirements.
Crematorium design and construction must include:
- cremation room, waiting and/or viewing room, toilet facilities, washing facilities, processor (grinder), and a mortuary refrigerator/freezer for safe storage until final disposition and for temporary holding for peak activity or emergency situations;
- separation of cremation room from waiting/viewing room by transparent glass and concrete wall;
- fire-fighting equipment as approved by the local fire department;
- gas room/storage made of concrete or impervious material located below the ground five (5) meters away from cremation and waiting/viewing rooms;
- for single crematorium equipment, an inlet of 75 cm x 75 cm near the rear of the unit, may be louvered and screened, for proper combustion and cooling;
- crematorium oven temperature 800°C to 1200°C with a detention time of 5 to 6 hours;
- smoke stack design in accordance with standards of the Department of Environment and Natural Resources.
Disposal of cremated remains must require:
- cremated remains reduced to fine sand/ashes and packed in a cremains container before turnover to relatives;
- cremains container minimum capacity of 0.0049 cubic meter, made of polyethylene with liner bag (preformed 5 mil plastic), locking tie, and identification label.
- Public and private cemeteries or private burial grounds must be places for disposal of cremated remains; cremated remains may be brought home only in a cremains container upon relatives’ wishes, and disposal must comply with Chapter XVIII (“Refuse Disposal”) of P.D. 856 and its implementing rules and regulations.
- Permanent repository areas for cremated remains must be designated within 25 meter zones measured from property line, either below ground or above ground niches.
- Shipment of cremated remains to/from abroad requires a transfer permit at the point of origin; shipment abroad is governed by the National Quarantine Office rules.
Funeral, embalming establishments, and morgues:
- This section applies to funeral parlors/chapels, embalming establishments, and morgues.
- No establishment covered may operate without a sanitary permit; extensions, additional construction, or alterations require a new sanitary permit before operation.
- Sanitary permit application/renewal is filed with the city/municipal health office where the establishment is located and is issued upon compliance with sanitary rules.
- Application, renewal, and noting fees are paid to the local government unit; the amount is set by city or municipal ordinance.
- If there is change of ownership, the new owner must apply within 14 days to have the change noted in the records/permit certificate and pay the corresponding noting fee.
- Permit validity is one (1) year ending on last day of December and renewal occurs every first month; upon violation, the permit may be suspended or revoked on recommendation of the local health officer.
- The sanitary permit must be posted in a conspicuous place and made available for inspection.
- Local governments must keep a record of funeral and embalming establishments including: permit holder name/address; location; nature of business; issue and renewal dates; every management change since first permit; conditions under which permit/renewal was granted; and permit revocation; records must be available for inspection.
Undertakers and embalmers (personnel rules):
- Funeral parlors must employ undertakers responsible for care, handling, transfer, and disposal; undertakers must have up-to-date health certificates and must be licensed and registered with the Department.
- Undertaker licenses are renewable every beginning of the year at regional health offices.
- Undertakers must: care for and arrange deceased during vigils and apply sanitary precautions in placing remains inside the casket; ensure all caskets are hermetically tight; accompany transfers by land or sea at a distance more than 50 kilometers from origin; and update knowledge through training by Department of Health accredited trainers/institutions/associations.
- Funeral parlors with embalming facilities offering embalming must employ a licensed embalmer registered with the Department, with up-to-date health certificates; embalmer licenses are renewable every beginning of the year at regional health offices.
- Embalmers must: attend to all embalming procedures; ensure no parts of remains are removed during embalming; apply all sanitary precautions; and update knowledge through accredited training.
- Other personnel must have up-to-date health certificates.
Funeral establishment categories:
- Category I: chapels and embalming facilities offering funeral services.
- Category II: chapels offering funeral services but without embalming facilities.
- Category III: offering only funeral services from the deceased’s house to the burial place.
Sanitary requirements for funeral chapels:
- chapels must be adequately lighted and ventilated;
- each chapel must have a bathroom with one shower head, one water closet, and one lavatory for each gender;
- adequate potable water must always be available;
- food preparation area must comply with Chapter III (“Food Establishments”) of P.D. 856 and its implementing rules;
- chapels must have two (2) waste receptacles (one biodegradable, one non-biodegradable) with tight-fitting covers in appropriate visible locations, in accordance with Chapter XVIII (“Refuse Disposal”);
- regular vermin abatement program must be maintained in accordance with Chapter XVI (“Vermin Control”) of P.D. 856 and implementing rules.
Embalming and dressing rooms must be:
- constructed of concrete or semi-concrete materials;
- provided with minimum working space of 1.50 m x 2.0 m for every remains;
- floored with concrete or impervious/easily cleaned material resistant to wear and corrosion, sloped to drain, with rounded angles between floors and walls to a height of not less than 7.62 cm (3 inches) from floor;
- equipped with floor drains directing washing and body fluids to a waste water treatment facility separate from septic tank;
- arranged so pathological and infectious wastes go into receptacles lined with yellow plastic bags, and sharps go into receptacles lined with red plastic bags or approved sharps collectors;
- with smooth, even, non-absorbent, easily cleaned dust-proof wall surfaces;
- with ceilings or dust-proof washable roof under-surfaces;
- with lighting free from glare distributed to avoid shadows;
- ventilated so natural air supply is not less than 0.005 cubic meter per second per person;
- performed on an embalming table made of single marble slab or aluminum/stainless steel or equally impervious materials at least 0.60 m x 1.80 m;
- staffed using PPE such as rubber gloves,