PBBM inks law on proper, immediate burial of Muslim cadavers

The burial of Muslim cadavers should be performed as soon as possible, with or without a certificate of death, according to Republic Act (RA) 12160 inked by Marcos on April 11. (File photo: afiq fatah/Unsplash)

By Ruth Abbey Gita-Carlos, Philippine News Agency

MANILA – President Ferdinand R. Marcos Jr. has signed into law a measure requiring the proper and immediate burial of Muslim cadavers, in accordance with Islamic rites.

The burial of Muslim cadavers should be performed as soon as possible, with or without a certificate of death, according to Republic Act (RA) 12160 inked by Marcos on April 11.

“It is the policy of the State to recognize and respect the right of Filipino Muslims to bury their dead, in accordance with their religious customs and beliefs, particularly burying their dead before the next call to prayer,” RA 12160 reads.

“Towards this end, the State shall require that proper and immediate burial of the bodies of then dead Muslims must be observed, in accordance with Islamic rites.”

Based on the law, the death should be reported by the person who performed the burial rites or by the next of kin of the deceased within 14 days after the date of burial to the local health officer who would prepare the death certificate and certify the cause of death.

In the absence of an authorized health officer or a duly authorized representative, the death should be reported to the Office of the Mayor, which would prepare the death certificate and certify the cause of death, if there is no forensic interest in the remains.

Should forensic interest exist, the family of the deceased must be informed before any examination that may be conducted by law enforcement authorities assigned to the case.

The death certificate should be forwarded to the Local Civil Registrar for registration, 30 days after it has been duly prepared and certified by the local health officer or the city or municipal mayor.

“For burial purposes, in accordance with Islamic rites, Muslim cadavers shall be released within 24 hours by the hospital, medical clinic, funeral parlor, morgue, custodial prison and prison facilities, or other similar facilities, or persons who are in actual care or custody of the cadaver,” the law said.

“The cadaver shall be wrapped with white cloth and placed in an airtight, leak-proof cadaver bag or wooden box, and shall be zipped or closed with tapes or bandage strips.”

Under RA 12160, non-payment of hospital bills, medical expenses, professional fees, cost of wrapping, or any other charges will in no case be made as a reason to withhold the release and shipment of the cadaver.

The concerned party may, however, execute a promissory note for the unpaid obligation or any other existing payment scheme acceptable to the other party.

Any person or entity who withholds the Muslim cadavers due to non-payment of hospital bills will be imprisoned for up to six months or will pay a fine of up to PHP100,000.

If the offender is a corporation, partnership, association, agency, or other judicial entity, the penalty will be imposed on the officers.

The Department of Health and the National Commission for Muslim Filipinos are directed to promulgate the necessary rules and regulations for the effective implementation of RA 12160.