Marcos signs law guaranteeing prompt Islamic burials for Filipino Muslims

(FILE PHOTO) President Ferdinand “Bongbong“ Marcos Jr
Santi San Juan/PPA Pool
President Ferdinand “Bongbong” Marcos Jr. has signed into law a measure mandating the “proper and immediate burial” of deceased Filipino Muslims consistent with Islamic rites.
Marcos enacted Republic Act (RA) 12160, affirming the State’s policy to recognize and respect the right of Filipino Muslims to bury their dead observing Islamic customs and beliefs — specifically, to lay them to rest before the next call to prayer.
“Towards this end, the State shall require that proper and immediate burial of the bodies of dead Muslims must be observed in accordance with Islamic rites,” the newly enacted law read.
Section 3 of RA 12160 states that the burial of Muslim cadavers shall be performed as soon as possible under Islamic funeral rites, with or without a certificate of death at the time.
However, the death must be reported by the person who conducted the burial rites, or by the deceased’s next of kin, within 30 days of the burial to the local health officer, who will then prepare the death certificate and certify the cause of death.
If the authorized health officer or a duly authorized representative is unavailable, the death must be reported to the Office of the Mayor, which will prepare the death certificate and certify the cause of death, provided there is no forensic interest in the remains.
But if forensic interest exists, the deceased’s family must be informed before any examination is conducted by law‑enforcement authorities assigned to the case.
The death certificate must be submitted to the local civil registrar for registration within 30 days.
Islamic rites respected
RA 12160 also requires hospitals, medical clinics, funeral homes, morgues, custodial or prison facilities, and similar institutions to release Muslim cadavers for burial within 24 hours, in accordance with Islamic rites.
The cadaver shall be wrapped with white cloth and placed in an airtight cadaver bag or cadaver wooden box that is leak‑proof and shall be zipped or closed with tape or bandage strips.
Under the law, non‑payment of hospital bills, medical expenses, professional fees, costs of wrapping and shipment, or any other charges shall never be used as a reason to withhold the release and shipment of the cadaver.
However, the concerned party may sign a promissory note for the unpaid balance or agree to another payment arrangement acceptable to the other party.
Section 5 of the law states that any person or entity who withholds, or otherwise causes — directly or indirectly — the withholding of Muslim cadavers in their possession due to non‑payment of hospital bills, medical expenses, professional fees, funeral‑parlor fees, cost of wrapping, or other similar charges or fees, and for other unjustifiable reasons, shall be punished by imprisonment of not less than one month but not more than six months, or a fine of not less than ₱50,000 but not more than ₱100,000, or both, at the discretion of the court.
If the offender is a corporation, partnership, association, agency, or other juridical entity, the penalty shall be imposed on the officer or officers responsible for the violation within the corporation, partnership, association, agency, or entity.
Senator Robin Padilla, sponsor of the measure in the upper chamber, welcomed the signing of the law, describing it as a “triumph for Muslims.”
Padilla said the newly enacted law represents a significant advancement for their fellow Muslims.
“Napakalaking bagay ang bagong batas na ito para sa mga kapatid nating Muslim. Ang RA 12160 ay isang simple ngunit makabuluhang batas para sa kanila (This new law is a big development for our Muslim brethren. RA 12160 is a simple but meaningful law for us Muslims),” he said.
