President Ferdinand Marcos Jr. has enacted Republic Act 12160, which requires the appropriate and prompt interment of Muslim remains in conformity with their religious practices and beliefs.
Under the law, which he signed on April 11, the government is required to respect and support the burial practices of Filipino Muslims, particularly the religious custom of burying the dead quickly, often before the next call to prayer (Adhan), which may be within a few hours after death.
Section 3 of the Philippine Islamic Burial Act states that even in the absence of a death certificate, Muslims who have passed away must be buried as soon as possible.
Within 30 days after the burial date, the deceased’s next of kin or the person who conducted the funeral rituals must report the death to the local health officer, who will then create the death certificate and declare the cause of death.
Section 5 stated that any individual or organization that withholds or otherwise contributes to the withholding of Muslim cadavers in their possession, either directly or indirectly, because they have not paid hospital bills, medical expenses, professional fees, funeral parlor fees, wrapping and shipping costs, or other comparable charges or fees, or for other unjustifiable reasons, faces a minimum sentence of one month and a maximum of six months in prison, a minimum fine of ₱50,000 and a maximum fine of ₱100,000, or both, depending on the court’s judgment.
The officer or officers in charge of the infraction will be penalized if the offender is a company, partnership, organization, agency, or other legal body.
The Department of Health (DOH) and the National Commission for Muslim Filipinos (NCMF) are mandated to issue the implementing rules and regulations (IRR) within 120 days from the law’s effectivity to ensure its proper enforcement.
The law also provides that all laws, regulations, and other issuances inconsistent with its provisions are repealed or amended accordingly.
It shall take effect 15 days after its publication in the Official Gazette or in a newspaper of general circulation.
