Senator Ramon ‘’Bong’’ Revilla Jr. has filed Senate Bill (SB) 1208 seeking to regulate the operation of crematoriums in the country.
The explanatory note of Revilla’s bill states that safety precautions implemented due to the Covid-19 pandemic have included the swift burial of the dead, especially of those confirmed and suspected cases of the highly communicable disease.
Revilla noted that cremation is slowly becoming acceptable to more Filipinos, who previously favor the traditional burial rites, due to practical reasons and restrictions imposed in the "new normal".
He said that some cities have also built their own public crematoriums as a response to space limitations of the public cemeteries and to offer alternatives to families who cannot afford the customary burial service.
The measure seeks to regulate the establishment and operations of crematories in order to promote public health and protection of the environment.
The Department of Health (DOH) secretary shall issue the necessary rules and regulations to carry out the objectives of this Act.
A crematory, according to the bill, refers to a mortuary where corpses are cremated or a facility for the disposal by incineration of the bodies of the dead.
According to the bill, the location of such crematory shall be within the confines of the established cemetery containing not less than eight hectares which cemetery shall have been in existence and operation for at least five years immediately preceding the time of of the erection of such crematory or shall be within the confines of a plot of land approved for the location of a crematory by the Sangguniang Bayan or the Sangguniang Panglungsod of the municipality or city.
It stated that no cemetery shall be located within 150 meters of any residential structure or land used for residential purposes not owned by the owner of the crematory.
The design, construction, technical requirement , sanitary certification and operation of the crematories as well as handling of dead bodies shall be in compliance with Presidential Decree (PD) 856, known as the Code on Sanitation of the Philippines and RA 8749, or the Philippine Clean Air Act of 1999, and their respective implementing rules and regulations (IRRs).
Application for such approval shall be made in writing to the local authorities and a hearing shall be held within the town or city in which such location is situated within 65 days from the date of receipt of such application.
Notice of such hearing shall be given to such applicant by mail, postage paid, to the address given on the application, and to the Secretary of Health, and by publication twice in a newspaper having a substantial circulation in the town or city at intervals of not less than two dayst the first first being not more than 15 days nor less than 10 days and the second being not less than two days before such hearing.
The local authority shall approve or deny such application within 65 days after such hearing. The grounds for its actions shall be stated in the records. Each applicant shall pay a reasonable fee, together with the costs of the publication of such notice as the local authority may determine by ordinance.
No such crematory shall be erected until the plans therefore have been filed with one approved by the Department of Health (DOH) secretary and no such crematory shall be used until it has been inspected and received a certificate or inspection by the DOH.
Each holder of an inspection certificate shall; annually on or before July first, shall submit in writing to the DOH an application for renewal os such certificate, if the DOH issues to such applicants such an inspection certificate, shall be valid until July first next following year unless revoked or suspended.’
A crematory shall be open at all times for inspection by the DOH. The department may make inspections whenever it deems advisable.
upon inspection by the DOH it is found that such a crematory is in such condition as to be detrimental to public health, the DOH shall give the applicant or operator of the crematory notice and opportunity for hearing as provided in regulations promulgated by the DOH secretary, may after such hearing revoke, suspend, or refuse to issue or renew any such certificate upon cause found at hearing.
Any of the inspections provided for in this section may be made but a person designated by the DOH secretary.
The Department of Environment and Natural Resources (DENR) shall issue pertinent guidelines and practices promoting anti-pollution measures such as, but not limited to, installation off filter systems and similar pollution control devices, designation of pollution officers, neutralisation of pollutants and toxic wastes, reduction of particulate matter, more efficient use of fuel and energy, adequate controls on emission levels among others.. Such guidelines shall form part of the minimum requirements prior to the approval of application.
The managers of each crematoria shall keep books of record, which shall be open at reasonable times for inspection, in which shall be entered the name, age, sex and residence of each person whose body is cremated together with the authority to such cremation and the disposition of her ashes.
No body shall be cremated until at least 48 hours after death, unless such death was the result of communicable disease, and nobody shall be received by any crematory unless accompanied by the permit provided for in this section, in the case of death as a result of communicable diseases, crematories shall provide logistics and transport of the human remains, upon designation and with the assistance of the local government unit (LGU).