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The bill providing free funeral services to indigent Filipino families has officially lapsed into law without the signature of President Marcos, Malacañang confirmed Monday, Oct. 13.
In a text message, Communications Undersecretary Claire Castro confirmed that the measure, now Republic Act No. 12309 or the Free Funeral Services Act, has lapsed into law on Sept. 28, after the President did not act on it within 30 days of transmission by Congress — as provided under Article VI, Section 27(1) of the 1987 Constitution.
Under RA 12309, the government will provide free funeral services to families considered “in crisis situations,” including indigent households and those affected by disasters or emergencies, as determined by the Department of Social Welfare and Development (DSWD).
The funeral package covers the preparation of documents, embalming, burial, transport, cremation, and inurnment, including the provision of a casket or urn.
Prior to the enactment of the law, the DSWD’s Assistance to Individuals in Crisis Situations (AICS) program provided funeral aid ranging from P5,000 to P50,000, depending on assessment by a social worker.
Requirements and implementation
To avail of the free funeral package, the bereaved family must present a valid ID, a death certificate, and a funeral contract signed by the family representative, the funeral establishment, and an authorized DSWD personnel. A social case study prepared by a social worker is also required.
Funeral establishments providing the services will be reimbursed by the DSWD regional offices based on the approved contract.
Initial funding for the law will be sourced from the AICS’ P44.75-billion budget, though no specific allocation for the Free Funeral Services Act is included in the DSWD’s proposed 2026 budget. Lawmakers, however, increased next year’s AICS funding from P27 billion to P60 billion to accommodate expanded social programs.
Penalties for refusal and fraud
Funeral establishments that refuse to provide free services to qualified beneficiaries face a P400,000 fine and revocation of their license to operate.
Meanwhile, individuals or establishments found guilty of fraudulently availing of or facilitating free funeral services through false representation or document falsification will face at least six months imprisonment and a fine of up to P500,000.
RA 12309 was passed on June 2 by the Senate as Senate Bill No. 2965, and adopted by the House of Representatives on June 11 as an amendment to House Bill No. 102. It was transmitted to the Office of the President on Aug. 28.