President Ferdinand R. Marcos Jr. has signed into law Republic Act 12160, which mandates the immediate burial of Muslim cadavers in accordance with Islamic customs.
Signed on April 11, the law recognizes the religious practice of burying the deceased before the next call to prayer, even without a death certificate at the time of burial.
“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,” the law states.
Under RA 12160, the person who conducted the burial or the next of kin must report the death within 14 days to the local health officer, who will prepare the death certificate. In areas without a health officer, the report should be submitted to the Office of the Mayor.
If the death has forensic interest, law enforcement must inform the family before conducting examinations.
Cadavers must be released within 24 hours from hospitals, clinics, morgues, funeral homes, prisons, or other facilities, for burial according to Islamic rites. The body should be wrapped in white cloth, placed in a leak-proof bag or wooden box, and sealed.
The law strictly prohibits withholding a Muslim cadaver due to unpaid hospital bills or other charges. A promissory note or agreed-upon payment scheme may be arranged instead.
Violators face up to six months in prison or a fine of up to PHP100,000. If the offender is an institution, the responsible officers will be penalized.
The Department of Health and the National Commission for Muslim Filipinos will issue the implementing rules and regulations for RA 12160.