Legal basis and governing policy
- The implementing rules are promulgated pursuant to the policies and objectives in Executive Order No. 648, the charter of the Human Settlements Regulatory Commission (now HLURB).
- The enabling charter basis is specifically stated as Article IV, Section 5(c) of Executive Order No. 648.
- The locational clearance processing rules operate together with approvals and plan approval frameworks referenced through Executive Order No. 71 and Executive Order No. 72.
Coverage and required locational clearance
- The rules apply to development and/or expansion of existing funeral establishments (Rule II, Section 2).
- A registered owner who wishes to use a parcel of land as a site for one or more funeral establishments must apply for locational clearance with the Board or the Local Government Unit (LGU) concerned (Rule II, Section 3).
- A locational clearance is required for all proposed funeral establishments to be located in cities and municipalities with or without Comprehensive Land Use Plans and/or Zoning Ordinances (Rule II, Section 3(B)).
- Inspection and evaluation of the proposed site are integral to processing, using land use/zoning compatibility and project standards as the basis for determination (Rule II, Section 3(C)-(D)).
Definitions governing funeral establishments
- “BOARD” means the Housing and Land Use Regulatory Board (Rule I, Section 1).
- “CHAPEL” (also called Reposing and/or Slumber room) is the place where the deceased is temporarily laid to rest for viewing by mourners (Rule I).
- “COMPATIBILITY USE” means uses or land activities capable of existing together harmoniously (Rule I).
- “DOMINANT LAND USE” means the pervasive land use within a perimeter of 500 meter radius from a specific parcel of land or building (Rule I).
- “EMBALMING” is preparing, disinfecting, and preserving a dead body before final disposal (Rule I).
- “EMBALMING ESTABLISHMENT” is a place where a body is embalmed or treated for burial with preservatives (Rule I).
- “EMBALMER” is a duly licensed person who applies, injects, or introduces any chemical substance or drug or herbs internally or externally to a dead human body for embalming, disinfecting, and preserving (Rule I).
- “FUNERAL ESTABLISHMENT” includes funeral parlors, funeral chapels, and any similar place used for preparation, storage, and care of the body for burial or cremation (Rule I).
- “FUNERAL ESTABLISHMENT” categories are:
- Category I: funeral establishments with chapels and embalming facilities and offering funeral services (Rule I).
- Category II: funeral establishments with chapels and offering funeral services without embalming facilities (Rule I).
- Category III: funeral establishments offering only funeral services from the house of the deceased to the burial place (Rule I).
- “FUNERAL SERVICES” covers undertaking, embalming, brought to burial site, and crematorium (Rule I).
- “MORGUE” is a place where dead bodies are temporarily kept pending identification or burial (Rule I).
- “PREPARATION ROOM” is the place/room for dressing and cosmetizing the deceased (Rule I).
- “SANITARY PERMIT” is written permission/certification by the city or municipal health officer (or the head of the Sanitation Division/Section/Unit in the officer’s absence) that the establishment complies with sanitation requirements after evaluation on inspection conducted under Presidential Decree No. 522 and Presidential Decree No. 856 and local ordinances (Rule I).
- “UNDERTAKER” is a duly licensed person who practices care, transport, and disposal by means other than embalming (Rule I).
- “UNDERTAKING” is care, transport, and disposal by means other than embalming (Rule I).
- “VIEWING ROOM” is any enclosed place where the family can view the preparation of the remains (Rule I).
Application steps, required documents, inspection/evaluation
- The application is filed in duplicate by the registered owner who wishes to utilize a parcel of land as a site for funeral establishments (Rule II, Section 3).
- The application must include a Vicinity Map drawn to the scale of 1:10,000 showing the exact location of the proposed site and all existing adjacent land uses/establishments within a 500-meter radius (Rule II, Section 3(A)).
- The application must include a Site Development Plan drawn to the scale of 1:200, showing lot property boundaries, building layout, future expansion area (if any), entrance/exit to the main service road, and parking (Rule II).
- The application must include Transfer Certificate of Title (TCT) or contract of sale or lease, together with an approved survey plan if available (Rule II).
- After securing locational clearance, the applicant must obtain an initial clearance from the city or municipal health office that the plans conform to PD 856 for Funeral Establishments Category I, II and III (Rule II, Section 3(A)).
- The application must include a floor plan showing the different areas or rooms within the building (Rule II).
- For Category I projects, the application must include an Environmental Compliance Certificate (ECC) from DENR prior to application for a building permit (Rule II).
- The rules require inspection of the proposed site considering:
- Conformity of the project to the land use plan/zoning ordinance, or compatibility to the dominant existing land use in the locality where there is no land use plan/zoning ordinance (Rule II, Section 3(C)).
- Accessibility and the presence (or ability) to provide utilities/facilities (Rule II).
- Degree of traffic generation, aligned with the LGU’s traffic management, especially during wakes (evening) or actual interment (Rule II).
- Whether the proposed site is flood prone, determined through observation, interview, etc. (Rule II).
- Evaluation is based on substantial conformance to the standards and applicable codes, including the sanitation and waste disposal framework under PD 825, sanitation under PD 856, and other related rules and regulations (Rule II, Section 3(D)).
Design standards and sanitary requirements
- Funeral establishments must conform to zone permissions in specified zones, subject to Rule III, Section 4.A.1.1c (Rule III, Section 4.A.1.1a):
- Category I is allowed in C2 (Medium Density Commercial Zone).
- Category II is allowed in GRZ, GCZ, C1, C2, GIZ, and SIZ.
- Category III is allowed in GRZ, GCZ, C1, C2, GIZ, and SIZ.
- No funeral establishment may be allowed in floodprone areas (Rule III, Section 4.A.1.2).
- Sites must be served by a road and accessible by public transport (Rule III, Section 4.A.1.3a).
- Funeral establishments must maintain minimum radial distances from specified facilities:
- 25 meters from restaurants, food centers, and other food establishments (Rule III, Section 4.A.1.3b[1]).
- 50 meters from markets (Rule III, Section 4.A.1.3b[2]).
- 200 meters from abattoirs, schools, and hospitals (Rule III, Section 4.A.1.3b[3]).
- Funeral establishments and all properties therein must be used for funeral purposes only, including flower shop use with proper maintenance of the premises (Rule III, Section 4.A.2.1).
- Maintenance of the funeral establishment is the sole responsibility of the owner/operator (Rule III, Section 4.A.2.2).
- Easements traversed by a water course, drainage way, channel, or stream must be maintained per the Forestry and Water Code; easements for public utilities must be provided and conform to relevant codes (Rule III, Section 4.A.2.3).
- Setbacks and parking requirements must follow the National Building Code and its updated IRR (Rule III, Section 4.A.2.4).
- No establishment under the rules may be operated without a sanitary permit issued by the city or municipal health officer where it is located (Rule III, Section 4.B).
- Any extension or additional construction or alteration requires a new sanitary permit before the establishment may be operated (Rule III, Section 4.B).
- The sanitary permit must be posted in a conspicuous place in the establishment (Rule III, Section 4.B).
- Sanitary permits must be renewed annually (Rule III, Section 4.B).
- Funeral chapels must comply with sanitary and utility requirements:
- Be adequately lighted and ventilated.
- Have power connected to an approved public or commercial power supply system.
- Provide a standby power generator.
- Provide sanitary facilities per DOH standard.
- Ensure always available potable water for personnel and visitors, connected to an approved public or community water system where available.
- Ensure the food preparation area complies with Chapter III – Food Establishments of PD 856 and its IRR.
- Provide a DOH-approved sewage disposal system subject to PD 856 and its IRR.
- Maintain two (2) waste receptacles—one for biodegradable and one for non-biodegradable waste—with tight-fitting covers, placed in appropriate visible locations for easy access and collection under Chapter XVIII – Refuse Disposal of PD 856 and its IRR.
- Maintain a regular vermin abatement program under Chapter XVI – Vermin Control of PD 856 and its IRR (Rule III, Section 4.C).
- Embalming and dressing rooms must comply with sanitary construction and operation requirements:
- Constructed of concrete or semi-concrete materials.
- Provide minimum working space of 1.50 m. x 2.0 m. for every remains.
- Floors of concrete or other impervious/easily cleaned material resistant to wear and corrosion, sloped to drain, with rounded angles between floors and walls not less than 7.62 cm. (3 inches) from the floor.
- Provide floor drains that route washing and body fluids to a waste water treatment facility separate from the septic tank.
- Place solid wastes (including pathological and infectious wastes) in receptacles lined with yellow plastic bag; sharps in receptacles lined with red plastic bag or an approved sharps collector.
- Walls’ internal surfaces with smooth, even, non-absorbent finish, easily cleaned without damage, and dust-proof materials.
- Ceilings (or under-roof surfaces) dust-proof and washable.
- Lighting free from glare and distributed to avoid shadows.
- Ventilation effective and suitable; natural air supply not less than 0.005 cubic meter per second per person.
- Embalming on a table of a single marble slab or aluminum/stainless steel or equally impervious materials with minimum size of 0.60 x 1.80 m.
- Use of personal protective equipment: rubber gloves, aprons, boots, and safety goggles.
- Provide washing facilities with soaps, detergents, and germicidal solutions.
- Provide lockers/closets for personal protective equipment and a separate closet for embalming chemicals (Rule III, Section 4.D).
- Morgues must comply with construction and sanitation requirements:
- Be constructed either as a separate structure or as part of the funeral and embalming establishments, while maintaining strict privacy.
- Have size depending on number of stored remains; cadavers must be contained in tanks divided into compartments, each with compartment dimensions of 2.50 meters (length) x 1.50 meters (width) x 2.50 meters (depth).
- Each compartment must have a drain pipe leading into a separate waste water treatment facility from the septic tank, with each compartment cover having tight-fitting lids.
- Aggregate window area not less than 1/10 of the floor area; room well ventilated and well lighted.
- Provide exhaust ducts of at least 1/50 of the floor area in the ceiling or as close to the ceiling as possible (Rule III, Section 4.E).
Facilities, minimum areas, and utility room tables
- Minimum facility requirements depend on the funeral establishment category (Rule III, Section 4.F):
- Category I: administration offices, chapels, family room, preparation room, selection room/casket display room, comfort room, garage, parking area, viewing room (optional), embalming room.
- Category II: administration offices, chapels, family room, selection room/casket display room, comfort rooms, garage, parking area.
- Category III: casket display area, business area, storage room, garage, parking area.
- Minimum area requirements by category apply (Rule III, Section 4.G):
- Category I minimum land area: 600 square meters.
- Category II minimum land area: 420 square meters.
- Category III minimum land area: 280 square meters.
- Administration offices must include the manager’s office, clerical pool(s)’s office, clinic, employee’s locker and quarters, and storage rooms; administration offices must provide at least 25 sq. m. for personnel and 1.10 sq. m. for each additional personnel (Rule III, Section 4.G).
- Where a cadaver viewing room is provided, it must have a minimum area of 30 sq. m. to accommodate 4 cadavers/remains at one time, plus 3 sq. m. for each additional cadaver/remains (Rule III, Section 4.G).
- Family rooms must have a minimum area of 20 sq. m. and at least 43.20 cubic meter of air space (Rule III, Section 4.G).
- A family room/comfort room (1 water closet, 1 lavatory, 1 urinal, 1 shower) must have a minimum area of 5 sq. m./comfort room (Rule III, Section 4.G).
- Funeral chapels must accommodate visitors with a minimum area of 45 sq. m. for 30 persons and at least 1.77 sq. m. for each additional person (Rule III, Section 4.G).
- Garage minimum area must be 15 sq. m. for each funeral car (Rule III, Section 4.G).
- Morgue/preparation room must have a minimum area of 60 sq. m. to accommodate 4 cadavers/remains at one time, with 3 sq. m. for each additional cadavers/remains and 4 cadaver tanks with 3.75 sq.m. for additional tanks (Rule III, Section 4.G).
- Parking area must have a minimum area of 50 sq.m. for each chapel (Rule III, Section 4.G).
- Selection room/casket display room must have a minimum area of 40 sq.m. (Rule III, Section 4.G).
- Communal comfort room requirements follow DOH standards:
- Male comfort room: if Below 50 → 1 water closet, 1 lavatory (urinal “-”); if 50-100 → 2 water closets, 1 urinal, 1 lavatory; and for each additional 100 persons → 1 water closet, 1 urinal, 1 lavatory (Rule III, Section 4.G).
- Female comfort room: if Below 30 → 1 water closet and 1 lavatory; if 30-100 → 2 water closets and 2 lavatories; and for each additional 50 females → 1 lavatory, plus for each additional 100 females → 1 water closet and 1 lavatory (Rule III, Section 4.G).
- Funeral parlor personnel comfort fixtures follow DOH standards with the minimum counts for water closets, male urinals, and lavatories by personnel ranges (Rule III, Section 4.G).
Fees, monitoring, and penalties
- The Board collects a locational clearance fee based on project cost under HLURB Resolution No. 622, Series of 1998 adopting a revised fee schedule (Rule V, Section 6):
- Project cost of P100,000.00 and below → P1,000.00.
- Over P100,000.00 → P1,000.00 + 1/10 of 1% of the cost in excess of P100,000.00.
- The DOH/LGU may monitor funeral establishment projects granted locational clearance and may exercise visitorial power at any reasonable hours during weekdays (Rule V, Section 5).
- Violations of any provision of the rules are subject to fines and penalties under the HLURB schedule of fines provided in HLURB Resolution No. 622, Series of 1998 (Rule V, Section 7).
Transitory and implementation rules
- Owners of non-conforming funeral establishments must program the phase-out and relocation of the non-conforming use within five (5) years from the effectivity of the rules (Rule IV).