Bill on free funeral services for poor Pinoys lapses into law

Weeks before the country observes All Saints' Day and All Souls' Day, a bill that mandates the government to provide free funeral services to poor Filipinos who cannot afford a decent burial for their loved ones lapsed into law without the signature of President Ferdinand “Bongbong” Marcos Jr.

A copy of Republic Act 12309, or the "Free Funeral Services Act" on the Senate website indicated that the measure lapsed into law on September 28.

Article VI, Section 27 of the 1987 Constitution provides, "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."

On June 2, the Senate passed Senate Bill 2965 which pushed for free funeral services to indigent Filipinos. On June 10, the House of Representatives adopted the Senate’s version as an amendment to House Bill 102.

RA 12309 said the State’s policy is to “promote a just and dynamic social order that ensures the prosperity and independence of the nation and frees the people from poverty through policies that provide adequate social services and promote full employment, a rising standard of living, and an improved quality of life for all.”

The new law now mandated the State to “give free funeral services to poor families who cannot afford a proper burial for their deceased.”

It institutionalized the Department of Social Welfare and Development’s funeral assistance initiative through its Aid to Individuals in Crisis program. 

RA 12309 also introduced penalties for violations such as refusing to provide funeral assistance to poor families and the fraudulent availment of funeral assistance.

The law mandated the government to provide free funeral services to Filipino families in “crisis” situations such as indigent families and those who are adversely affected by disasters, calamities, and other emergency situations that bar them from accessing or affording dignified funeral services.

Accredited funeral establishments will provide the free funeral services and will be paid by the concerned DSWD regional office based on the contract signed between a representative of the family, the funeral establishment, and an authorized DSWD signatory.

The free funeral package will cover the preparation of the funeral documents, embalming, burial, cremation and inurnment, transport, and the provision of a casket or urn for the remains.

A bereaved indigent family should present a valid ID, a death certificate from the concerned local health office or hospital, the funeral contract, and a social case study to be prepared by a social worker.

Funeral establishments refusing to provide free funeral services will be imposed a maximum fine of P400,000 and the revocation of their license to operate.

Meanwhile, those who fraudulently avail of the free funeral service will face a maximum of six months’ imprisonment and a maximum P500,000 fine. — JMA, GMA Integrated News