Law Summary
Definitions
- Terms such as burial, burial grounds, catacomb, cemetery, cremation, crematorium, death certificate, embalming, funeral establishment, local health officer, niche, public and private cemeteries, regional director, remains, sanitary permit, undertaker, and undertaking are clearly defined to standardize application and enforcement.
Burial Ground Requirements
- Detailed requirements for establishing public cemeteries and memorial parks including application, council resolution, land ownership, suitable land certification, cemetery layout, zoning, infrastructure plans, and sanitary facilities.
- Procedures for public and private lands including set-aside processes by government entities.
- Sanitary requirements encompass toilet facilities, water supply, sewage disposal, waste management, and vermin control.
Burial Requirements
- Death certificates are mandatory before burial or cremation.
- Shipment of remains requires death certificate, transfer permit, embalming, and other transit permits.
- Graves must meet depth and water table standards.
- Cost of burial is borne by nearest kin or city/municipal government if absent or incapable.
- Burial should respect the deceased’s customs and shall not discriminate based on race, religion, or political persuasion.
- Medico-legal deaths require notification to authorities and permission for burial.
- Dead bodies with dangerous communicable disease are buried within 12 hours maintaining strict conditions.
Disinterment or Exhumation Requirements
- Permits issued and supervised by local health officer.
- Specific burial periods before exhumation: 3 years for non-dangerous diseases, 5 years for dangerous diseases.
- Special provisions for medico-legal cases.
Closure and Removal of Cemeteries
- Closure may be ordered if public health is endangered or burial areas exhausted.
- Proper notifications, permits, and procedures for exhumation and reburial.
- Supervised by local health officer with attention to public health safety.
Re-opening Requirements of Burial Grounds
- Can only be re-opened after compliance with all regulations and upon inspection approval.
- Notification and exhumation requirements similar to closure procedures.
- Cemeteries must be maintained in good sanitary condition post-reopening.
Establishment and Operation of Crematorium
- Requires feasibility study, sanitary permit, and compliance with design and operational standards.
- Personnel must be licensed undertakers with health certificates.
- Crematoria must have specific structural facilities including cremation room, cremation oven temperature standards, viewing rooms, processing equipment, and proper waste handling.
- Disposition of cremated remains regulated with packaging, permitted repositories, and shipment controls.
Funeral and Embalming Establishments
- Sanitary permits mandatory.
- Classification of funeral establishments into three categories based on services and facilities.
- Personnel qualifications including undertakers and embalmers, their licenses, responsibilities, and health certifications.
- Detailed sanitary requirements for funeral chapels, embalming rooms, and morgues including construction, equipment, lighting, ventilation, and waste management.
Evaluation and Inspection
- Regular sanitation inspections every three months by authorized health officers.
- Sanitary inspection fees and mission orders required.
- Record keeping, sanitation standard rating system, and posting of rating stickers.
- Procedures for reporting, notice service, re-inspection, suspension, revocation, and appeals.
- Authorized personnel have power of entry for inspection.
Committee of Examiners for Undertakers and Embalmers
- Composition includes health, legal, and industry representatives.
- Functions include examination administration, licensing, accreditation, investigations, and enforcement.
- Qualifications for applicants, examination procedures, issuance and renewal of registration certificates.
- Grounds and processes for suspension or revocation.
- Provision for government/private physicians to perform embalming without license.
Practice of Undertaking and Embalming
- Embalming requires death certificate and compliance with health regulations.
- Embalmers prohibited from embalming comm cases or dangerous diseases without consent.
- Undertakers responsible for proper handling, arrangement, and transport of remains.
Autopsy and Dissection
- Authorized personnel and situations requiring autopsy.
- Notification and permission requirements for autopsies in hospitals.
- Procedures for burial after autopsy.
Donation of Human Organs
- Governed by Republic Act No. 7170 and Republic Act No. 7885 on Organ Donation.
Use of Remains for Medical and Scientific Purposes
- Conditions under which unclaimed remains may be used.
- Requirements for medical institutions including permits, certifications, and disposal procedures.
- Facilities requirements for morgues and dissection rooms.
Handling of Remains with Radioactive Isotopes
- Guidelines based on radioactive levels in compliance with Philippine Nuclear Research Institute regulations.
- Procedures for autopsy, burial, and cremation with radiation safety.
Responsibilities of Health Authorities
- Regional health director manages approvals, closures, license renewals, and enforcement.
- Local health authority administers cemeteries, issues permits, conducts hearings, enforces regulations, and sponsors training.
- Local health officer issues death certificates, supervises exhumation, conducts inspections, issues orders, and performs autopsies.
- Local government reserves land, manages funds, closes cemeteries, and provides forms.
Penal Provisions
- License suspension or revocation for violators.
- Monetary penalties for unauthorized practice.
- Daily penalties for continuing violations.
- Closure of establishments and possible court prosecution.
Separability, Repealing and Effectivity
- Invalid provisions do not affect remaining rules.
- Repeals inconsistent regulations.
- Effective 15 days after publication.