Free Funeral Services Act lapses into law

Republic Act No. 12309, or the “Free Funeral Services Act,” became law on 28 September after Congress transmitted the bill for nationwide implementation to Malacañang on 28 August.

President Ferdinand “Bongbong” Marcos neither approved nor vetoed the measure within the 30-day period, resulting in the bill lapsing into law. Under Article VI, Section 27(1) of the 1987 Constitution, “The President shall communicate his veto of any bill to the House where it originated within 30 days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.”

The Department of Social Welfare and Development (DSWD) will use its Assistance to Individuals in Crisis Situations (AICS) fund to cover the funeral expenses of indigent Filipinos. Victims of calamities, disasters, or other emergency situations may also avail of the free funeral services.

To prevent fraudulent claims and false representations, the Department of Trade and Industry (DTI) will monitor and regulate the market prices of funeral services, “including the price of caskets and urns to prevent undue or excessive price increases.”

Funeral establishments that violate the law may face fines of up to P200,000 and suspension of operations for up to six months. Repeated violations may result in fines of up to P400,000 and revocation of the establishment’s license to operate.

Individuals or establishments found to have fraudulently availed or facilitated the availment of free funeral services through false representation, document falsification, or collusion may face imprisonment of up to six months and fines of up to P500,000.

Filipinos seeking to claim the service must present the following: a valid ID of the claimant or beneficiary; a death certificate issued by a hospital, municipal health office, or certification from a tribal chieftain; a funeral contract signed by the deceased’s family representative, funeral personnel, and authorized DSWD personnel; and a social case study prepared by a social worker.