Revised Implementing Rules and Regulations of the Code on Sanitation of the Philippines (PD 856) Chapter XXI Disposal of Dead Persons

November 23, 2021

DOH ADMINISTRATIVE ORDER NO. 2021-0056

 

I. RATIONALE

Disposal of dead persons involves the practice and process of dealing with the remains of deceased human beings. When humans die, their bodies start to decompose presenting environmental and public health risks. Thus, dead bodies must be handled and disposed of properly. HTcADC

The Code on Sanitation of the Philippines (PD 856), herein referred to as the Code, governs the sanitary management, procedures, and practice in handling, transport, and disposal of dead persons under Chapter XXI — Disposal of Dead Persons.

The Code is supported by Implementing Rules and Regulations (IRR) issued in 1997 and by the Department of Health (DOH) Administrative Order (AO) No. 2010-0033 entitled "Revised Implementing Rules and Regulations of PD 856 Code on Sanitation of the Philippines Chapter XXI Disposal of Dead Persons." However, the AO fails to cover some of the important provisions of the IRR such as burial ground requirements, disinterment or exhumation requirements, requirements for the establishment and operation of crematorium, leading to gaps in the implementation of the Code. Similarly, Department Circular (DC) 2020-0067 entitled "Guidelines on the Disposal and Shipment of the Remains of Confirmed Cases of 2019 Novel Corona Virus Acute Respiratory Disease" was issued in response to the COVID-19 pandemic. All these issuances need to be consolidated and harmonized to ensure that the Code will be fully implemented.

Pursuant to Section 4 of the Code, the DOH hereby adopts and promulgates the following rules and regulations of Chapter XXI Disposal of Dead Person of the Code on Sanitation of the Philippines of 1975.

II. OBJECTIVES

This Order shall consolidate and harmonize all existing implementing rules and regulations and related issuances on the disposal of dead persons. It shall seek to provide the standards and detailed requirements in the regulation for the establishments and operations of burial grounds and funeral and embalming services in the country to improve the management and practices of disposal of dead persons.

III. SCOPE AND COVERAGE

These implementing rules and regulations shall apply to all burial grounds, funeral and embalming establishments, medical and research institutions, undertakers, embalmers, accredited embalming training institutions and training providers, and other similar or related institutions or establishments operated by government agencies, government-owned or controlled corporations, private organizations, firms, individuals and other entities. These shall cover the requirements for permits, licenses, learning and development interventions and other technical operational needs for the above-mentioned establishments including their personnel.

IV. DEFINITION OF TERMS

As used in these rules and regulations, the following terms shall mean:

A. Autopsy — refers to the examination of a body after death to determine the cause of death or the character and extent of changes produced by disease.

B. Burial — refers to the interment of remains in a grave, niche, tomb, and a columbarium, the sea for the cremains or ashes and other approved final disposal places.

C. Burial Ground — refers to a place duly authorized by law for permanent disposal of the dead such as cemetery, memorial park, catacomb, ossuary, and columbarium.

D. Cadaver — refers to the body of a deceased person.

E. Catacomb — refers to an underground place of burial consisting of galleries or passages with side recesses for tombs.

F. Cinerary Remains/Cremains — refers to ashes resulting from the cremation of a dead body.

G. Closure of Burial Ground — refers to the termination of burial activities in the cemetery concerned.

H. Columbarium — refers to a structure of vaults lined with recesses for cinerary urns; a vault with niches for urns containing ashes of the dead.

I. Committee — refers to the DOH Committee of Examiners for Undertakers and Embalmers.

J Cremation — refers to a process that reduces human remains to bone fragments of fine sand (particles) or ashes through combustion and dehydration.

K. Dangerous Communicable Disease — refers to a disease with a high level of infectiousness that spreads rapidly and extensively or which is serious or life-threatening.

L. Death — refers to the permanent disappearance of all evidence of life at any time after live birth has taken place (postnatal cessation of vital function without the capability of resuscitation).

M. Certificate of Death — refers to an official document setting forth particulars relating to a dead person, including the name of the individual, the date of birth and the date of death.

N. Disinterment — refers to the removal or exhumation of remains from places of interment.

O. Disposal of Dead Persons — refers to the proper care and management of human remains during handling, preparation, preservation, transport, and final disposal or use. aScITE

P. Embalmer — refers to a duly licensed person by the DOH authorized to practice embalming.

Q. Embalming — refers to the art and science of preparing, disinfecting, preserving and restoring the remains to forestall decomposition and to make them suitable for public display at a funeral before final disposal.

R. Embalming Facility/Establishment — refers to a duly authorized place by law where dead bodies are embalmed and prepared for final disposition.

S. Extreme Case — refers to an exceptionally difficult situation with one or more of the following conditions: i) absence of a doctor, ii) far-flung area (where the retrieval of the deceased body cannot be done within 7 hours from the time of death), iii) non-working day, iv) mass casualty incident or mass deaths, v) mass burial, vi) absence of relatives, vii) war, viii) force majeure.

T. Fetal Death — refers to death prior to the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such separation the fetus does not breathe nor show any other evidence of life, such as the beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

U. Funeral Establishment — refers to a place authorized by law used in the preparation and care of the body of a deceased person for viewing, burial or cremation.

V. Funeral Service — refers to the provision of coffin/casket/urn, viewing area and preparing remains for shipment/transport, burial/interment, or cremation.

W. Grave — refers to an excavation made in the ground in which to bury the remains.

X. Health Certificate — refers to an official written certification issued by the city or municipal health officer to a person employed in a funeral and burial ground establishment, and other related services after passing the required physical and medical examinations.

Y. Initial Permit — refers to a certification from the Director IV of the DOH Center for Health Development (CHD) which allows the applicant for the establishment of a burial ground or funeral service to commence the development in the proposed location according to the approved plans.

Z. Interment — refers to the act of burying a dead person.

AA. Inurnment — refers to the act of placing cremated remains in an urn.

BB. Local Government Unit — refers to the local political subdivision which refers to the province, city, municipality, or barangay.

CC. Local Health Authority — refers to an official or employee responsible for the application of a prescribed health measure in a local political subdivision. For a province, the local health authority is the governor and for a city or municipality, the local health authority is the mayor.

DD. Local Health Officer — refers to the provincial, city, or municipal health officer.

EE. Mass Death — refers to an event when several persons die due to natural calamities, accidents, epidemics, etc.

FF. Medico-Legal Officer — refers to a physician who specializes in the application of medical knowledge to the purposes of law and in the administration of justice.

GG. Morgue — refers to a place where remains are kept temporarily pending identification or release for embalming, cremation, burial, or autopsy.

HH. Niche/Tomb — refers to an interment space above the ground for remains.

Ossuary — refers to a designated place for a repository of bones of the remains.

II. Operational Permit — refers to a certification from the Director IV of the DOH CHD that the burial ground or funeral establishment has completed according to the approved plan.

JJ. Private Burial Ground — refers to an authorized burial ground established for the exclusive use of a family or individual.

KK. Public Burial Ground — refers to an authorized burial ground owned or managed by the government or private individual or corporation that is established for the common use of the public.

LL. Remains — refers to the body or parts of the body of a dead person including the cremated remains.

MM. Removal of Burial Ground — refers to the termination of all burial activities in the cemetery and subsequent exhumation of all human remains. HEITAD

NN. Sanitary Permit — refers to the permission or certification in writing of the city or municipal health officer, or in his absence the chief or head of the sanitation division/section/unit that upon inspection and evaluation of the establishment has at least satisfactorily complied with the sanitation requirements in accordance with Presidential Decree No. 856 and local ordinances.

OO. The Code — refers to The Code on Sanitation of the Philippines, P.D. 856.

PP. Undertaker — refers to a duly certified person by the DOH who practices undertaking.

QQ. Undertaking — refers to the care, transport, and disposal of the body of a deceased person by any means other than embalming.

V. GENERAL GUIDELINES

A. Standard precautions shall be applied in handling all human dead bodies due to their potential of being infectious.

B. The establishment and operations of burial grounds, funeral and embalming establishments, and other similar establishments including their personnel and other individuals involved in the handling, preparation, care, transport, shipment, cremation, disposal and use of human remains shall conform to the requirements prescribed under this Order.

C. All permits or services identified in this IRR, such as Initial and Operational Permit, Exhumation Permit, Sanitary Permit, Transfer Permit, Licensing and Registration of Undertakers and Embalmers and others should reflect in the Citizen's Charter of the process owners and follow the services classification of simple, complex, and highly technical.

VI. SPECIFIC GUIDELINES

A. Burial Ground Requirements

The following requirements shall be applied and enforced:

1. It shall be unlawful for any person to bury remains in places other than those legally authorized by the DOH and the Local Government Unit (LGU) in conformity with the provisions of this IRR.

2. No burial ground shall operate without Initial Permit (IP) and Operational Permit (OP) from the DOH.

a. IP shall be secured prior to the construction of the burial ground.

b. OP shall be secured after the completion and before the operation of the burial ground. Refer to Annex 1 for the requirements in the application for IP and OP.

c. Application for IP and OP shall be required for the rehabilitation or any extension in the existing burial ground.

3. No burial ground shall operate without a valid Sanitary Permit from the local health office. Sanitary Permit shall be issued only upon compliance to at least a satisfactory rating from the sanitation standard requirements for the burial ground. Refer to Annex 2.

4. Any proposed burial ground particularly for cemetery/memorial parks at the time of application for IP shall be at least 25 meters away from any dwelling house and 50 meters away from either side of a river or any source of water supply intended for domestic or municipal use. The 25 and 50 meters distance shall be delineated from the locations of existing dwelling units and water supply, respectively, towards the property line at all sides of the proposed burial ground. Any open space formed by the 25 and 50 meters limit distance within the property may be used for road, parking space, chapel, office, ossuary, columbary, crematorium or any other facilities to cater to the visiting public.

5. No individual or entity shall construct a house or dwelling unit within 25 meters distance from any existing DOH approved cemetery/memorial parks.

6. All niches and vault shall be constructed of concrete or other impervious material strictly watertight and the flooring slightly sloped at the center. The overall height of the niches on the top of the other shall not be more than 3.0 meters.

7. Temporary burial grounds for mass deaths or casualties during disasters shall be allowed without following the standard burial ground requirements. However, the temporary burial ground shall ensure that the bottom of the grave/pit shall be at least three (3) meters distant from the groundwater table or not subject to the seasonal high water table. Temporary burial shall cease to operate after all cadavers have been identified and transferred to a permanent burial ground.

8. The establishment and operation of a crematorium and columbarium shall conform to the minimum requirements of the DOH as listed in Annex 3 and Annex 4, respectively. ATICcS

9. The Secretary of Health or his duly authorized representative in the region may deem to close, remove or reopen an existing burial ground based on the provisions set forth in Annex 5.

B. Burial Requirements

The burial of remains shall be subject to the following requirements:

1. No remains shall be cremated or buried without a death certificate issued by the attending physician or from the local health office. The late filing of a death certificate before burial may be allowed by the local health officer only in special circumstances when the death certificate cannot be signed in time. Refer to Annex 6.

2. Transfer or Shipment of Remains

Transfer or shipment of remains locally shall be subject to the following requirements:

a. Death Certificate shall be secured;

b. Transfer permit shall be secured from the local health office where the remains lie before bringing to other locality for viewing and/or burial/interment;

c. Remains shall be properly embalmed or otherwise, the unembalmed remains shall be buried within 48 hours from the point of departure and its arrival to the final burial ground; and

d. Shipments or transfer of remains and cremated remains from overseas shall be governed by the rules and regulations of the Bureau of Quarantine.

3. Burial or Interment Site

a. Graves for below ground interment shall be at least one and a half (1 1/2) meters deep, filled well and firmly.

b. No remains shall be buried in a grave where the water table is less than four and a half (4 1/2) meters below natural ground surface.

c. Above ground interment using niche or tomb or mausoleum shall be allowed. Minimum burial plot size shall be 1.6 meters by 3.0 meters inside dimensions.

4. Cost of burial

The cost of burial of a dead person shall be borne by the nearest kin. If the kin is not financially capable of defraying the expenses or if the deceased had no kin, the cost shall be borne by the city or municipal government where the dead person resides regardless of race, nationality, or religion based on their existing local ordinance or paupers' burial program.

5. The burial of remains in city or municipal cemetery/memorial parks shall not be prohibited on account of race, nationality, religion, or political persuasion.

6. Medico-legal cases

a. If the local health officer or any person who issues a death certificate has reasons to believe or suspect that the cause of death was due to violence, accident, crime, suicide of any kind, physical assault, inflicting injury, or any other violent acts upon a person resulting in death, and/or the sudden death of undetermined cause shall notify immediately the authorities of the Philippine National Police (PNP) or National Bureau of Investigation (NBI) concerned for the conduct of legal investigation. The investigation must include the identification of where the belief on the existence of violence or crime came which can be based on personal knowledge of facts or circumstances is sufficient. The type of violence must be specified.

b. The cost of medico-legal services for the unclaimed cadavers shall be borne by the local government concerned based on existing local ordinance.

c. The remains shall not be buried until permission is obtained from the provincial or city or municipal prosecutor where the death occurred. If these officials are not available, the permission shall be obtained from any government official in the place where the death occurred such as follows:

i. Municipal or City Judge;

ii. Municipal or City Mayor; and

iii. Chief of Police.

7. Unembalmed Remains

a. Only unembalmed remains whose death is due to non-communicable disease shall be allowed unburied for 48 hours after death.

b. The local health authority shall permit unembalmed remains unburied more than forty-eight (48) hours only when:

i. Philippine National Police or National Bureau of Investigation requires legal investigation;

ii. Burial is not feasible due to floods, calamities, and disasters; and

iii. The laboratory result to confirm the cause of death is still waiting.

c. The unembalmed remains pending burial after 48 hours shall be kept in the cold storage or refrigerator in the morgue at a temperature of at least 4ºC. In the case where there is no available cold storage, the unembalmed remains shall be allowed unburied only for seventy-two (72) hours after death.

8. Death due to Dangerous Communicable Disease

a. Remains shall be buried or cremated within 12 hours after death without embalming. TIADCc

b. The use of the remains in any medical research or study shall not be allowed.

c. Remains shall not be taken to any public assembly. Online viewing of cremation or burial for families and relatives shall be allowed.

d. Only members of the family aged 18 years old and above of the deceased may be permitted to attend the funeral.

e. The remains shall be properly handled, cremated or buried. Refer to Annex 3 for Requirements for the Disposal of Cremated Remains and Annex 7 for the Prescribed Sanitation Requirements on the Handling and Disposal of Dead Person when the Cause of Death is Dangerous Communicable Disease.

9. Unclaimed Cadaver

a. A dead body in a health facility or funeral establishment that remains unclaimed after forty-eight (48) hours shall be certified as unclaimed cadaver by the local health officer or by the Director or Chief of Hospital where the death occurred.

b. All cadavers declared unclaimed after 48 hours shall be kept only in funeral establishments duly accredited by the National Bureau of Investigation (NBI) or the Philippine National Police (PNP).

c. The operators of the funeral establishments shall report to the local health office all unclaimed remains.

d. The funeral establishment shall not hold unclaimed remains longer than sixty (60) days. After this period, the funeral establishment shall facilitate the burial of the unclaimed remains. The local government shall defray the cost of burial. To facilitate the burial of unclaimed bodies, a death certificate and burial permit shall be issued by the local health officer.

e. The local health officer shall authorize the delivery of unclaimed remains to medical schools and scientific institutions for studies and research provided that all requirements stated in Annex 16 of this IRR has been complied.

10. Disposal of dead bodies due to emergency and disaster

a. Disposal of dead bodies shall be in accordance with the DOH Administrative Order (AO) No. 2007-0018 "National Policy on the Management of the Dead and the Missing Persons during Emergencies and Disasters," particularly the procedures outlined in Annex 8.

b. Disposal of dead bodies caused by any pandemic of highly communicable disease shall be guided by Annex 7.

C. Disinterment Requirements

Every disinterment or exhumation shall require an exhumation permit from the city/municipal health officer concerned. The permit shall be allowed for the purpose of transferring the remains to another burial site or for the purpose of autopsy. Refer to Annex 9 for the specific requirements.

D. Funeral and Embalming Establishments

1. Initial and Operational Permits from the concerned CHD shall be secured by all funeral establishments prior to its construction and commercial operation. Refer to Annex 10 for the requirements.

2. Sanitary Permit

a. No funeral and embalming establishment shall start operation for commercial purposes without a valid sanitary permit from the concerned city/municipal health office. Refer to Annex 11 for the requirements for the application and renewal of Sanitary Permit.

b. A Sanitary Permit shall be issued only upon compliance with the sanitary requirements of these rules and regulations with at least a satisfactory rating at the time of the sanitary inspection and evaluation by the Sanitation Inspector or any authorized health personnel. The Sanitary Permit shall be validated thru periodic inspection and evaluation. Refer to Annex 12 on the Prescribed Procedures and Requirements for Sanitary Inspection and Evaluation.

c. Sanitary Permit shall be valid from the day of issuance to the last day of the same year. AIDSTE

d. Sanitary Permit shall be revoked, in case of any violation of the provisions of this IRR and other rules and regulations, by the local health authority as recommended by the local health officer.

3. Classification of Funeral Establishments

a. Funeral establishments shall be classified into three (3) categories which are described as follows:

i. Category I. Establishments with chapels and embalming facilities and offering funeral services;

ii. Category II. Establishments with chapels and offering funeral services but without embalming facilities; and

iii. Category III. Establishments offering only funeral services from the house of the deceased to the burial place.

b. Only Category I funeral establishment shall be required to employ a DOH-licensed embalmer.

c. Categories II and III funeral establishments may be allowed to offer embalming services provided they employ a licensed embalmer, and embalming shall be performed only in Category I establishments that are within a 50-kilometer distance radius from their location by virtue of a Memorandum of Agreement (MOA).

 The number of Categories II and III establishments that may be served by Category I establishments shall be governed by the table below.

 

Minimum number of licensed Embalmers in the Category I Establishment	Allowed maximum number of accredited Category II and Category III Establishments that may be served by the Category I Establishment
2	4
3	8
5	12

 

d. Categories II and III funeral establishments with current and valid MOA with a Category I establishment for embalming services shall be required in the renewal of their sanitary permit.

e. All Category I establishments providing embalming services to other establishments shall maintain a record of all bodies embalmed for each subscribing Category II or III establishments. These records shall contain only the name and address of the person embalmed and date the body is processed. Said records shall be maintained for a minimum of five (5) years after the services were provided. The operator shall preserve the confidentiality of the death certificate.

E. Licensing and Registration of Undertakers and Embalmers

The licensing and registration of undertakers and embalmers are subject to the following requirements:

1. Issuance of License to Practice

a. No person shall practice undertaking and embalming without a license from the Health Facilities and Services Regulatory Bureau (HFSRB), DOH Central Office. The license to practice shall be issued only after passing an examination conducted by the DOH Committee of Examiners for Undertakers and Embalmers.

b. Licensed undertakers and embalmers shall practice undertaking or embalming in accordance with requirements prescribed by the DOH. Refer to Annex 15.

c. The License to Practice shall be valid for three (3) years subject to renewal at the concerned CHD.

d. Government and private physicians may perform embalming without license and registration certificates as exigencies require.

2. Issuance of Certificate of Registration

a. All licensed embalmers and undertakers shall apply annually for a registration certificate and pay an annual registration fee to the concerned CHD where their place of employment is located.

b. The first registration certificate issued shall cover the period from the date of issuance to the last day of the current year. Subsequent certificates shall bear the date of January 1 of the year of issue and shall expire December 31 of the same year.

c. Certificate of Registration shall be posted conspicuously in establishments concerned. AaCTcI

3. The issuance and renewal of license to practice and certificate of registration for undertakers and embalmers shall be in accordance with the requirements in Annex 14.

F. Autopsy and Dissection of Remains

1. The following persons are authorized to perform autopsy and dissection:

a. Health officers — provincial, municipal, city health officers.

b. Medical officers of law enforcement agencies such as:

i. Philippine National Police (PNP)

ii. National Bureau of Investigation (NBI)

c. Anatomic pathologists certified by the Philippine Society of Pathologists (PSP) for cases involving investigation of adverse effects following immunization.

d. Members of the medical staff of accredited hospitals.

2. Autopsies shall be performed in the following cases:

a. Whenever required by special laws. These special laws are those enforced and presently practiced by the authorities.

b. Upon orders of a competent court, a mayor, and a provincial or city prosecutor.

c. Upon written request of police authorities or the NBI.

d. Whenever the solicitor general, provincial or city prosecutor as authorized by existing laws shall deem it necessary to disinter and take possession of remains for examination to determine the cause of death.

e. Whenever the nearest of kin requests in writing for the authorities concerned to ascertain the cause of death.

3. Requirements for autopsies of patients who died in accredited hospitals:

a. The director or chief of the hospital shall notify in writing the next of kin of the death of the deceased and request permission through an informed consent signed by the family or next of kin of the deceased, to perform an autopsy.

b. Autopsy can be performed when the permission is granted or no objection is raised to such autopsy within 48 hours after death.

c. In cases where the deceased has no next of kin, the permission shall be secured from the local health authority.

4. Burial of remains after autopsy. After an autopsy, the remains shall be interred in accordance with the provisions of these rules and regulations.

5. The training of local health officers in medico-legal/autopsy procedures and techniques shall be the responsibility of the local government unit concerned.

G. Donation of Human Organs for Medical, Surgical, and Scientific Purposes

For the purpose of this Section, the provisions of Republic Act No. 7170 otherwise known as the Organ Donation Act of 1991 as amended by Republic Act No. 7885 — An Act to Advance Corneal Transplantation in the Philippines dated 20 February 1995 shall be applied and enforced.

H. Use of Remains for Medical Studies and Scientific Research

Unclaimed remains may be used by medical schools and/or scientific institutions for studies and research subject to the approval of the concerned Director IV of the DOH CHD. Refer to Annex 16.

I. Special Precautions for Safe Handling of Remains Containing Radioactive Material (Isotopes)

1. All individuals involved in the handling of remains containing radioactive materials shall observe the maximum exposure dose limit of 1 millisievert per year based on The Philippine Nuclear Research Institute (PNRI) Administrative Order No. 4, series of 2004 entitled Amendment to CPR Part 3, "Standards for Protection Against Radiation."

2. Remains containing radioactive isotopes above the clearance levels shall be handled according to the requirements provided for in the PNRI Codes of Regulations on the safe management and disposal of radioactive wastes, including radioactive cadavers. Personal Protective Equipment (PPE) must be worn when direct contact with the remains or body fluids are involved. EcTCAD

3. The attending physician in coordination with the Radiation Safety Officer must attach a tag with a label containing the following information:

a. Amount and type of radioactive material in the remains at the time of death;

b. Advice on when to conduct the autopsy, embalming, burial, or cremation; and

c. Precautionary measures that must be followed during the autopsy, embalming, wake, public viewing, transport, burial or cremation of the remains.

J. Implementation Arrangement

DOH through its CHD shall ensure the adoption and compliance of LGUs to this Order. Refer to Annex 17 for the summary of responsibilities of the Regional Director, local health authority, local health officer, and local government units.

VII. PENAL PROVISIONS

A. The Secretary of Health or his duly authorized representative may revoke or suspend the license of an undertaker or embalmer who violates any provisions of Chapter XXI and this IRR.

B. Any person who shall engage in the business of undertaking or embalming in violation of any provision of Chapter XXI and this IRR shall be liable to a penalty of not more than one thousand pesos for each violation.

C. Any person who shall practice embalming in the Philippines within the meaning of this mandate without a certificate of registration issued in accordance herewith, or any person presenting or using as his/her own certificate of registration or that of another or any person assuming, using or advertising himself/herself, as a licensed embalmer without having been conferred such title by the Department of Health, Committee of Examiners for Undertakers and Embalmers, shall be prosecuted before the Court of Justice as provided for in Section 103 (a) and (b) of the Code on Sanitation of the Philippines (PD 856).

D. All licensed embalmers and other personnel who shall violate the provisions of the Code on Sanitation of the Philippines (P.D. 856) and these implementing rules and regulations shall be punishable by revocation/suspension of license to practice the profession, or shall be prosecuted before the Court of Justice as provided for in Section 103 (a) and (b) of the said Presidential Decree.

E. Each day or any part thereof during which any prohibited business or practice is continued shall be deemed a separate violation and subject to the same penalty prescribed in the preceding paragraph.

F. Any person who shall violate, disobey, refuse, omit or neglect to comply with any of these implementing rules and regulations shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment for a period not exceeding six (6) months or by a fine of not exceeding P1000.00 or both depending upon the discretion of the court.

G. Any person who shall interfere with or hinder, or oppose any officer, agent or member of the DOH or of the bureaus and offices under it, in the performance of his duty as such under this AO, mutilate, deface or alter any placard, or notice, affixed to premises in the enforcement of this AO shall be guilty of a misdemeanor and punishable upon conviction by imprisonment for a period not exceeding six (6) months or by a fine of not exceeding P1000.00 or both depending upon the discretion of the court.

VIII. REPEALING CLAUSE

Implementing Rules and Regulations of Chapter XXI of Code on Sanitation of the Philippines dated September 30, 1996, and DOH Administrative Order No. 2010-0033 dated December 6, 2010 are hereby repealed. All other pertinent rules and regulations, such as DOH Department Circular 2020-COVID-19 pandemic in 2020-0067 entitled "Guidelines on the Disposal and Shipment of the Remains of Confirmed Cases of 2019 Novel Corona Virus Acute Respiratory Disease" and DILG-DOH JMC entitled "Suppletory Guidelines on the Management of Human Remains for Patients Under Investigation (PUI) and Confirmed COVID-19 Cases" (DILG Memorandum Circular No. 2020-063), which are inconsistent with the provisions of these implementing rules and regulations are hereby modified or amended accordingly.

IX. SEPARABILITY CLAUSE

In the event that any rule, section, paragraph, sentence, clause or words of these implementing rules and regulations are declared invalid for any reason, the other provisions thereof shall not be affected thereby.

X. EFFECTIVITY

These rules and regulations shall take effect after fifteen (15) days from the date of publication in the Official Gazette or a newspaper of general circulation with three (3) certified copies to be filed with the Office of the National Administrative Register (ONAR) of the UP Law Center.

(SGD.) FRANCISCO T. DUQUE III, MD, MSc.

Secretary of Health

ANNEX 1

Requirements for the Application of Initial and Operational Permit for Burial Ground

The following conditions and requirements shall be applied in the application of initial and operational permit:

A1.1 Application for the Initial Permit (IP) and Operational Permit (OP) both for public and private burial ground shall be filed at the Center for Health Development (CHD). HSAcaE

A1.2 IP for Public Burial Ground. The following requirements shall be applied:

a. Resolution of the barangay and city/municipal council for the burial ground or cemetery site embodying therein the community acceptance for the proposed burial ground, the compliance to the existing local zoning ordinance, and the strict compliance to these rules and regulations;

b. Photocopy of the title of lot ownership of the proposed burial ground, duly registered with the office of the register of deeds of the province/city. If the lot is a donation, the deed of donation shall be likewise registered;

c. Certification from the Provincial Health Officer with regards to the suitability of the proposed land to be used as a burial ground in relation to the depth of water table during the dry and rainy seasons, highest flood level, the direction of run-off, and its proximity or distance to any dwelling house and existing river or any source of drinking water supply;

d. Certification from Department of Public Works and Highways (DPWH) or the National Water Resources Board (NWRB) or any concerned government agencies that the proposed site for burial ground is not prone to flooding and attesting the information on the minimum depth of the water table in the area;

e. Plans for the construction of the concrete wall or steel grille or combination thereof with a minimum height of two (2) meters around the cemetery;

f. Plans for the construction of a chapel or a structure/building for public assembly within the cemetery. It shall have a minimum area of 50 square meters, (5 m x 10 m) where funeral ceremonies may be held. Plans for crematorium and/or columbarium shall also be included if applicable;

g. Plans for the construction of a 4-meter wide main road from the gate to the rear and the 1-meter minimum cross roads which divide the cemetery in lots and sections;

h. Plans for the drainage system of the cemetery;

i. Topographic map of the cemetery zone; and

j. Site development plan or map in triplicate copies showing the following technical descriptions of the proposed burial ground showing:

i. The name and locational address of the burial ground or in case of the private burial ground, the name of the applicant;

ii. The area and exact dimension of all the sides of the proposed burial ground site;

iii. Plans of all amenities including structures or buildings, and burial sites/lots to be constructed;

iv. The 25-meter and 50-meter limit zones around the property showing the location of the dwelling house and/or water supply source if any in the delineated zones;

v. The name of all lot owners within the 25-meter delimited zone, indicating the portions belonging to each owner; and

vi. The direction of the compass, the top of the plan to be the North.

A1.3 IP for Private Burial Ground. The following requirements shall be applied:

a. Resolution of the barangay and city/municipal council for the burial ground or cemetery site embodying therein the strict compliance to these rules and regulations;

b. Compliance to items b-d and j under A1.2;

c. Size of the private burial ground shall be at least 1.2 hectares which will provide the 50-meter buffer zone delineated from the nearest water supply source;

d. Burial shall be limited to 10 niches/graves occupying an area not more than 30 square meters to be located at the center of the proposed site; and

e. Additional burials shall not exceed or go beyond the 30 square meters designated site and shall be constructed only over and above the existing niches, but in no case more than 4 niches or 3.0 meter high whichever is lower;

A1.4 Validity of the Initial Permit

The IP shall be valid for two (2) years from the day of issuance. Construction or site development shall commence within the validity period unless otherwise, re-application shall be required.

A1.5 OP for Public and Private Burial Ground

The following requirements shall be applied:

a. Application for the OP shall be filed after the completed construction works of the burial ground;

b. OP shall be issued by the CHD Director IV based on the results of the site validation conducted by the technical staff of the CHD as to compliance with the requirements stated in this section; and

c. Application for Certificate of Undertaking for completed phase of the burial ground shall be allowed subject to evaluation and approval of the CHD. The Certificate of Undertaking shall allow the operator to accept burial only in the completed phase. A sanitary permit shall be secured from the local health office prior to its operation.

ANNEX 2

Sanitation Standard Requirements for the Sanitary Permit Issuance for Burial Ground

No public and private burial ground including crematory, columbarium and ossuary shall operate without a valid sanitary permit issued by the local health office. The following sanitation standards shall be required:

A2.1 Approved IP and OP for the burial ground prior to its use. HESIcT

A2.2 The following sanitary facilities shall be provided particularly in the public burial ground including crematory, columbarium, and ossuary:

A2.2.1 Toilet and hand-washing facilities

a. Adequate, clean, and accessible toilet facilities for male, female, and disabled persons/personnel shall be provided in properly located areas during normal operations while additional toilet facilities shall be provided during peak season (e.g., All Souls' Day and All Saints' Day). The number of toilet rooms and toilet fixtures shall be adequate as to the number of persons within the cemetery at any one time;

b. Adequate lavatories with sufficient supply of soap and hand dryer shall be provided within or adjacent to the toilet rooms;

c. Toilet rooms shall be completely enclosed, properly lighted, and ventilated; and

d. The walls of toilet rooms shall be painted or finished in a light color.

A2.2.2 Water supply

 The water supply for domestic use shall be adequate whether from a public or from a private water supply system.

A2.2.3 Food and drink

 In any case, dispensing of food and drink shall be in accordance with Chapter III — "Food Establishments" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.

A2.2.4 Sewage disposal and drainage

a. Sewage from the burial ground plumbing system shall be connected to a public sewerage system, or in the absence thereof, to septic tank or other wastewater treatment facility; and

b. Stormwater shall be discharged to a storm sewer system in all areas where it exists.

A2.2.5 Solid waste management

a. Each strategic area of the burial ground shall be provided with at least two (2) refuse receptacles or containers, one for biodegradable and one for non-biodegradable materials provided with a tight-fitting cover. Collection of refuse shall be done by the personnel of the burial ground;

b. Accumulation of refuse shall not be permitted to avoid harborage and breeding places of vermin; and

c. The collection, segregation, storage and disposal of refuse shall be in accordance with sanitary procedures and regulations.

A2.2.6 Vermin control

a. A vermin abatement program shall be maintained in the burial ground premises by the owners, operators or administrators; and

b. The growth of bush, weeds and grass shall be controlled to prevent harborage of ticks, bugs, and other noxious insects.

A2.3 No person shall be employed in any burial ground, crematory, columbarium, and ossuary without a health certificate issued by the city/municipal health officer.

ANNEX 3

Requirements for the Establishment and Operation of a Crematorium

A3.1 General Requirements for Crematorium

a. Initial and Operational Permits. The following are the requirements for securing Initial and Operational Permits from the Center for Health Development (CHD):

i. Application for establishing and opening crematorium;

ii. Zoning clearance issued by the local zoning officer;

iii. Project description of the proposed crematorium;

iv. Detailed plan and specification of crematorium; and

v. Site development plan.

b. The Operational Permit from CHD shall be issued only after the inspection and evaluation by the regional sanitary engineer as to compliance with the submitted approved plan.

c. No crematorium shall be operated without a Sanitary Permit from the local health office where the crematorium is located. The Operational Permit shall be required for the issuance of a sanitary permit. caITAC

d. All personnel responsible for the care, handling, transport, and disposal of the deceased by cremation must be a DOH-licensed undertaker.

e. No person other than the personnel working in a crematorium shall be allowed to enter the cremation room.

f. Public and private cemeteries, funeral parlors and hospitals may be allowed to establish and operate crematoria subject to the prescribed requirements of these implementing rules and regulations.

A3.2 Minimum Requirements for the Design and Construction of Crematorium

a. A crematorium must be designed and constructed with a cremation room, waiting and/or viewing room, toilet facilities and handwashing facilities.

b. The cremation room shall be separated by a transparent glass and concrete wall from the waiting and/or viewing room. It shall be provided with sufficient firefighting equipment as approved by the local fire department.

c. The gas room/storage shall be constructed with concrete or impervious material and located below the ground five (5) meters away from the cremation and waiting/viewing rooms.

d. An inlet measuring 75 cm. by 75 cm. at the cremation room shall be provided if single crematorium equipment is installed for proper combustion and cooling of the equipment. The inlet may be louvered and screened and shall be located near the rear of the unit.

e. The crematorium oven shall have a minimum temperature of 800ºC with an adequate detention time to reduce the remains to the size of fine sand or ashes.

f. The smokestack emission shall be in accordance with the standards of the Department of Environment and Natural Resources.

g. Washing facilities with soap, detergents and germicidal solution shall at all times be available exclusively for use of personnel working in a crematorium.

A3.3 Requirements for the Disposal of Cremated Remains

a. Cremains must be packed in a cremains container before they are turned over to the relatives of the deceased.

b. Public and private cemeteries/memorial parks or columbarium shall be designated as special areas for the permanent repository of cremains either below the ground or above the ground niches/vault.

c. The relatives of the deceased may be allowed to bring home the cremated remains only in a cremains' container.

d. Cremated remains must be removed from their container before the remains are scattered at sea, unless a scattering urn (closed container containing cremated remains that will dissolve and release its contents within 4 hours of being placed at sea) is used. Scattering at the sea cannot take place within 366 meters (400 yards) of the shoreline, and includes the inland navigable waters of the Philippines. Scattering at sea does not include lakes and streams, nor does it include scattering from a bridge or pier.

ANNEX 4

Requirements for the Establishment and Operation of Columbarium and Ossuary

A4.1 The following are the general requirements for securing an initial and operational permits from the Center for Health Development in establishing and opening of columbarium or ossuary:

a. Application for establishing and opening of columbarium or ossuary;

b. Resolution of the city/municipal and barangay council for the columbarium or ossuary site embodying therein the strict compliance to these rules and regulations;

c. Map of the proposed columbarium or ossuary in triplicate copies indicating the dimensions of the columbarium or ossuary in length and width and the 5-meter buffer zone between the dwelling places;

d. Title of ownership of the land proposed to be utilized as a columbarium or ossuary, duly registered with the office of the register of deeds of the province/city;

e. Inspection report from the provincial sanitary engineer verified and checked by the regional sanitary engineer of the DOH and favorably endorsed by the provincial health officer with regards to the suitability of the land proposed to be utilized as a columbarium or ossuary;

f. Plan for the construction of a reinforced concrete wall or steel grille or combination thereof with a minimum height of two (2) meters around the columbarium and ossuary with a steel grille main door provided with a lock;

g. The dimension of the niche/vault must be able to house an urn or receptacle designed to hold at least 200 cubic inches of cremated human remains. For ossuary niche, such shall have a dimension that can accommodate receptacle for bone remains. ICHDca

i. A minimum of 2.0 meters passageway shall be provided between interment structures if proposed to be in a grid design.

ii. Ladder facility shall be provided for interment and urn retrieval purposes.

h. Topographic map of the columbarium or ossuary zone;

i. Zoning clearance from city/municipality; and

j. Site development showing the following technical description of the proposed columbarium or ossuary:

i. The name of the columbarium or ossuary, the name of the applicant, and the barangay, municipality or city or province where the proposed site is located;

ii. Exact dimension of all the sides of the proposed site;

iii. The area of the said site;

iv. The 5-meter zone around the property is delimited;

v. The name of all the land or residential owners within the 5-meter zone, indicating the portion/s belonging to each owner;

vi. The direction of the compass, the top of the plan to be the North; and

vii. The distance of the corners of the proposed columbarium or ossuary site proper from some known and permanent topographical objects, or some characteristics of the place which will facilitate the accurate identification of the site proper even if its fence or the wall is removed.

A4.2 The Operational Permit for the columbarium and ossuary shall be issued only after the inspection and evaluation by the regional sanitary engineer as to compliance with the submitted approved plan.

A4.3 No columbarium and ossuary shall be operated without a Sanitary Permit from the concerned local health office. The Operational Permit shall be required for the issuance of a sanitary permit.

ANNEX 5

Requirements for the Closure, Removal and Reopening of Burial Ground

A5.1 Requirements for the closure of burial ground

Upon the recommendation of the local health authority, the closure of a burial ground may be ordered by the CHD-Director IV/Minister of Health DOH-BARMM based on the following grounds:

a. The burial ground has been utilized in full and further burials can no longer be made.

b. The burial ground cannot be utilized for interment due to damage caused by disasters and calamities.

c. The meandering and accretion of domestic and recreational water bodies that resulted in proximity to the burial ground.

d. Other conditions that may pose public health risks.

A5.2 Requirements for removal of the existing burial ground

The removal of the burial ground may be allowed but subject to approval by the CHD-Director IV/Minister of Health DOH-BARMM based on the following requirements:

a. Approved Municipal/City Resolution for the removal of the burial ground;

b. Exhumation, transfer and reburial permits for the remains;

c. For the purpose of notification, individual notices, publication in national and local newspapers or posting in conspicuous places of the list of names of the deceased persons to be exhumed shall be made for 30 days prior to the date of exhumation, to give opportunities to the relatives to claim for the remains buried therein for whatever disposition they may take in accordance with the provisions of the law;

d. All the remains for exhumation shall be disinfected and those claimed by relatives shall be placed in separate coffins, cases, or boxes securely fastened and properly identified as to the names of the deceased, dates and causes of deaths, and places of reburial. The unclaimed remains shall be placed in one box or case and in a common grave at the authorized burial place or within the cemetery; and

e. All exhumation and reburial of the remains shall be under supervision by the local health officials concerned to ensure public health protection.

A5.3 Requirements for the reopening of a burial ground

A reopening of a burial ground may be allowed after necessary rehabilitation works have been instituted subject to the approval of the CHD-Director IV/Minister of Health DOH-BARMM based on the following requirements:

a. A burial ground that has been closed due to violation of any in A5.1 shall be reopened only upon compliance of all the requirements stipulated in these rules and regulations;

b. The reopening shall be authorized only after the DOH inspection has been performed and the compliance has been done by the owner or operator of the burial ground;

c. A report detailing the name(s) of the deceased and the date of the last interment;

d. Resolution of the city/municipal council for the reopening of the cemetery;

e. A general exhumation had been made with the necessary exhumation and burial permits from the local health authority and due notifications of the relatives or nearest of kin of the deceased persons to enable them to claim the remains for reburial at any authorized burial place; TCAScE

f. The unclaimed remains shall be placed in one box or case in a common grave within the cemetery which should be permanently covered to safeguard public health. Once the exhumation has been made, the cemetery ground shall be leveled and all the roads and paths, the chapel, other structures and the fence constructed or reconstructed shall be maintained in a good sanitary condition; and

g. Earthworks, demolition, construction, rehabilitation, and other related works shall start only after all the exhumations have been completed.

ANNEX 6

Death Certificate Requirements

A6.1 Death Certificate Requirements

a. The death certificate shall be issued by the attending physician of the deceased or by the local health officer concerned.

b. If there has been no physician or local health officer in attendance, the death, certificate shall be signed by the mayor or the secretary of the city/municipal council or the member of the council in charge of the committee on health where the death occurred. The approving authority of the death certificate shall require an affidavit duly executed by the nearest of kin of the dead person or certification by the Barangay Chairman or the Secretary of the Barangay Council stating the circumstances regarding the cause of death.

c. When death happens in transit or a person is declared dead on arrival in a health facility, the city/municipal health officer where the deceased resides shall sign the death certificate.

d. When death is not medically attended, the nearest relative or person shall report the death to the local health office immediately. The city/municipal health officer shall examine the deceased and shall certify as to the cause of death.

e. All deaths shall be reported to the local health officer within forty-eight (48) hours after death and the latter shall direct the registration of the death certificate to the local civil registrar concerned within forty-eight hours (48) but should not be more than thirty (30) days after death.

f. For victims of emergencies and disasters, issuance of a death certificate shall be accomplished with the standard entries filled up including the medical certification and manners of death after identification of a body has been established. If there are remains that cannot be identified a death certificate bearing the body reference number shall be accomplished to facilitate burial.

A6.2 Requirements for the Exemption to Death Certificate before Burial

a. The requirement for a death certificate before burial may be waived in the case of special circumstances when the death certificate cannot be signed in time such as follows:

i. Deaths are due to dangerous communicable diseases.

ii. Deaths that must immediately be buried due to religious belief.

b. In these cases, the local health officer shall issue an order allowing the immediate burial which the funeral establishment and burial ground must secure before proceeding with the burial. The last attending physician or local health officer shall inform the funeral establishment that the death was due to a dangerous communicable disease requiring immediate burial.

c. The health facilities and local health offices shall prioritize the certification and reporting of deaths falling under the above-mentioned acceptable exceptions.

d. The next of kin of the deceased shall complete the registration of the death certificate within forty-eight (48) hours after burial and failure to meet the requirements shall deem a violation of these rules and regulations.

ANNEX 7

Prescribed Sanitation Requirements on the Handling and Disposal of Dead Person When the Cause of Death is Dangerous Communicable Disease

A7.1 General Requirements

When the cause of death is dangerous communicable disease, the remains shall be buried or cremated within 12 after death without embalming. They shall not be taken to any place of public assembly. Only the adult members of the family of the deceased may be permitted to attend the funeral.

A7.2 Categorization of dangerous communicable diseases

a. Category 1: Signified by a YELLOW label tag in the body of a dead person

i. Human Immunodeficiency Virus (HIV) infection

ii. Viral Hepatitis except Hepatitis A

iii. Creutzfeldt-Jakob disease (CJD) without necropsy

iv. Severe Acute Respiratory Syndrome (SARS)

v. Avian influenza

vi. Invasive Group A Streptococcai inflections

vii. Cholera

viii. Other infectious diseases as declared by the Department of Health

For the purposes of this IRR, HIV infection is still considered a dangerous communicable disease pending clearer scientific studies and evidence of the survival of the virus in a dead human body.

b. Category 2: Signified by a RED label (Sample attached)

i. Anthrax

ii. Plague

iii. Rabies

iv. Viral hemorrhagic fevers

v. Ebola hemorrhagic fever (African hemorrhagic fever)

vi. Creutzfeldt-Jakob disease (CJD) with necropsy

vii. Meningococcemia

viii. Severe Acute Respiratory Syndrome Corona Virus 2 (SARS-Cove 2)

ix. Other infectious diseases as declared by the Department of Health

A7.3 General precautionary measures in handling dangerous communicable disease

a. It is preferable for the ward staff to dress the deceased. Relatives should be alerted of the need to prepare clothing for the deceased. If the deceased's own clothes are not available, the ward staff should dress the deceased with a disposable gown or shroud, as a respectful way of care to the deceased.

b. Identify the body and attach to the body the appropriate identity label. The body should be placed in a robust and leak-proof plastic bag of not less than one hundred and fifty (150) µ m thick, which should be zippered or closed tightly with tapes and bandage strips. Pins are not to be used. cTDaEH

c. The outside of the plastic bag, if soiled, should be wiped with disinfectant solutions in accordance with the recommended procedures.

d. After identifying and attaching to the outside of the body bag the Category 1 or Category 2 identity tags, the bagged body should be wrapped with a mortuary sheet before being placed on a mortuary trolley and transported to the mortuary.

A7.4 Additional precautions for handling dead bodies with infectious diseases as listed under Category 1.

a. There should be minimal handling of the body.

b. Hygienic preparation of the deceased (such as cleaning of the body, tidying of hair, trimming of nails and shaving) is not advisable.

c. If hygienic preparation is to be done, all the necessary precautions such as wearing gloves/protective clothing should strictly adhere to.

d. Embalming should not be performed.

 

Danger of Infection-Category 1

In handling dead bodies, Standard Precautions are required.

In addition, the following precautions are also required:

 

A7.5 Stringent precautions for handling dead bodies with dangerous communicable diseases as listed under Category 2.

a. The body should not be removed from the plastic bag.

b. Unzipping the plastic bag of the body is not permitted.

c. Hygienic preparation should not be done.

d. Embalming should not be done.

e. Viewing of the face of the deceased should not be permitted.

 

Danger of Infection-Category 2

In handling dead bodies, Standard Precautions are required.

In addition, the following precautions are also required:

 

A7.6 Undertaking, embalming, and cremation of the remains who died with HIV and AIDS

a. The remains of persons who died with HIV and AIDS shall be buried or cremated within twenty-four (24) hours after the time of death.

b. No embalming of the remains of persons who died with HIV and AIDS shall take place except when the family requests for embalming provided that the procedure will be done by a licensed embalmer, qualified and previously trained by the Department of Health accredited training institutions and the observance of the practice of universal precautions.

The following procedures shall be followed in handling the remains:

i. If the person who died of suspected dangerous communicable disease is outside of the health facility, the universal precautionary measures shall be applied by the funeral establishment.

ii. If the person who died of dangerous communicable disease is outside of the health facility, tagging shall be done by the Local Health Officer and the universal precautionary measures shall be applied.

iii. The remains shall be placed in a durable, airtight, and sealed casket to allow transport.

iv. The remains shall not be taken to any place of public assembly when death is under Category 2.

v. Only the adult members of the family of the deceased may be permitted to attend the funeral.

vi. All personnel handling the cadaver shall observe the prescribed procedures listed in Annex 6.

ANNEX 8

Prescribed Requirements on the Disposal of Dead Bodies Due to Emergency and Disaster

A8.1 Disposal of the dead bodies shall be in accordance with the Department of Health Administrative Order No. 2007-0018 dated 4 July 2007 "National Policy on the Management of the Dead and the Missing Persons during Emergencies and Disasters."

A8.2 Recovery and handling of dead bodies and body parts

All properly tagged dead bodies and body parts shall be placed in cadaver bags or any other appropriate means during transport to identified collection point or storage area, which is preferably refrigerated for examination or identification. Basic class information such as sex and age group should be indicated in the tag. As much as possible photo documentation of the remains, especially if still suitable for viewing with intact facial features and identifying marks should be done prior to burial because the soft tissues will be lost due to decomposition. Clothing, jewelry, and other personal effects are best left on the body. All recovered bodies shall not be exposed and shall be kept away from sunlight. cSaATC

A8.3 Requirements for the temporary mortuary facility or morgue

a. A temporary mortuary facility or morgue shall consist of a storage facility for dead bodies and body parts, an examination area, a body releasing area, and a room to store personal possessions and records. It shall be away from the scene of the incident and separate from disaster operations. Basic requirements shall include security, electricity, water, ventilation, drainage, and protection from the elements.

b. The storage facility shall be refrigerated at four degrees Celsius (4ºC) while waiting for the remains to be examined, identified, and released. In the absence of refrigeration facilities, remains that are not identified after seventy-two (72) hours shall be contained in a temporary burial.

c. The morticians and/or disaster mortuary response team shall wear gloves and protective clothing. Mortuaries shall have at least stretchers, washing facilities with soap and disinfectants. Appropriate cleansing of the site shall be done upon closure of the facility.

d. If the temporary mortuary facility is found in the hospital:

i. Safe-keeping should only be until 6 hours. Anytime within the 6-hour period, the relatives may claim it through their choice of funeral service.

ii. If still unclaimed after 6 hours, the hospital may release the remains to any funeral parlors available or accredited by the facility.

A8.4 Temporary burial

a. In temporary burial for unidentified bodies, the Local Government Unit shall be responsible for the final disposition. Final disposition shall be done seventy-two (72) hours after death or occurrence of a disaster. The identified bodies unclaimed after seventy-two (72) hours have to be placed in a collective grave.

b. In the absence of refrigeration facilities, unidentified remains shall be contained in a temporary burial pending proper identification and disposition. Properly tagged bodies or body parts inside cadaver bags or any other appropriate means shall be buried side by side in an orderly row of 10-20 in a designated site. Trenches shall be less than six (b) feet if post-mortem examination will be required. The sites must be properly marked and accurately mapped indicating the body tags.

A8.5 Final burial

Once identification is accomplished and Death Certificate has been issued the remains can be released to the next-in-kin and shall be finally buried.

ANNEX 9

Prescribed Sanitation Requirements for the Disinterment of Remains

A9.1 Disinterment of remains shall be subject for the following requirements:

a. Death Certificate of the deceased duly registered in the office of the local civil registrar of the city/municipality concerned.

b. Transfer permit from local health office of point of origin.

c. Re-burial permit from place of re-interment.

d. Permission to disinter remains of persons who died of non-dangerous communicable diseases may be granted after the burial of three (3) years.

e. Permission to disinter remains of persons who died of dangerous communicable diseases may be granted after burial of five (5) years.

f. Disinterment of remains may be permitted within a shorter time than prescribed for the purpose of medico-legal investigation as per order by the court, National Bureau of Investigation, and Philippine National Police, subject to the approval of the CHD-Director IV concerned.

A9.2 All disinterment shall be in the presence of the municipal/city Sanitation Inspector concerned or duly authorized health personnel.

A9.3 All the remains shall immediately be disinfected upon exhumation and placed in a durable and sealed container when transported and re-buried.

A9.4 Disinterment of remains of persons in unauthorized burial grounds regardless of the cause of death and the length of burial period shall be subject to the approval of local health authority.

ANNEX 10

Requirements for the Application of Initial and Operational Permits for Funeral/Embalming Establishment

A10.1 Initial Permit

The following are the requirements in securing an initial permit from the regional health office for a proposed funeral establishment:

a. Application for opening a funeral establishment.

b. Site development plan indicating lot property boundaries, building layout, and future expansion area (if any), entrance or exit to the main service road, and parking.

c. Floor plans and specifications of the proposed funeral establishment showing details of the following: reception area, storage or display area for caskets, chapel, or a structure/building for public assembly, embalming/dressing room, morgue, and wastewater treatment facility.

d. Zoning clearance from city/municipality.

e. Transfer Certificate of Title (TCT) or contract of lease for the proposed location or site.

f. Inspection report from the provincial sanitary engineer verified and checked by the regional sanitary engineer of the DOH and favorably endorsed by the provincial health officer with regards to the suitability of the site proposed to be utilized as a funeral and/or embalming establishment.

A10.2 Operational Permit

Operational Permit (OP) issued by the Center for Health Development shall be required before the commercial operation of any funeral/embalming establishment. The OP shall be issued only upon completion of the funeral/embalming establishment and found compliant to the requirements stated in paragraph A10.1 during the inspection and evaluation conducted by the Center for Health Development concerned. An operational permit shall be used as the basis for the issuance of the sanitary permit by the local health office. The following are the requirements for securing operational permit:

a. As-built plan.

b. Inspection and evaluation report by the regional sanitary engineer as to compliance with the submitted approved plan.

ANNEX 11

Prescribed Procedures for Sanitary Permit Application or Renewal

A11.1 Application or renewal of the sanitary permit.

The following requirements shall apply in the application or renewal of the sanitary permit:

a. The application or renewal of the sanitary permit of an establishment shall be filed with the city or municipal health offices where it is located.

b. Sanitary permit shall be issued only upon compliance with the sanitary rules and regulations with at least a satisfactory rating.

c. The fees for the application, renewal, and noting of the sanitary permit shall be paid to the local government unit. The amount of fees shall be set through the city or municipal ordinance. EATCcI

d. Noting of Permit. If there is a change in ownership of funeral and embalming establishments, the new owner shall apply to the city/municipal health office within fourteen (14) days to have such change noted in the records and permit certificate and shall pay the corresponding fee for such noting.

e. Validity. The sanitary permit shall be valid for one (1) year, ending on the last day of December of each year, and shall be renewed every first month of the year thereafter. Upon the recommendation of the local health officer, the sanitary permit shall be suspended or revoked upon violation of any sanitary rules and regulations.

f. Posting of permit. The sanitary permit shall be posted in a conspicuous place of the establishment and shall be available for inspection by authorized health and other regulatory personnel.

g. Record of sanitary permit. Every city/municipality shall keep a record of all funeral and embalming establishments with the following information:

i. The name and address of the holder of the permit;

ii. The location of the establishment;

iii. The nature/kind of business for which the permit has been issued;

iv. The date the permit was issued and the dates of any renewal thereof;

v. License of the embalmer/s;

vi. Every change of management of the establishment since the first permit was issued;

vii. Conditions under which the permit was issued or any renewal thereof granted;

viii. The revocation of the permit; and

ix. The record shall be available at all reasonable times for inspection by an authorized officer of the Department of Health or local government unit.

ANNEX 12

Prescribed Procedures and Requirements for Sanitary Inspection and Evaluation

A12.1 Responsible officer

It shall be the duty of the city/municipal health officer to cause the inspection and evaluation of every establishment herein mentioned at least once every three (3) months and to cause additional inspections and re-inspections and evaluation as deemed necessary for the enforcement of these rules and regulations. Inspection of the establishment shall be conducted within seven (7) days after payment of inspection fee to the city/municipal treasurer concerned.

A12.2 Sanitation inspection fee

The fees payable for every inspection shall be of such amount prescribed by local ordinance.

A12.3 Mission order

a. The city/municipal health officer or the head of the sanitation division/section/unit of the local health office, as the case may be, shall issue a mission order (EHS Form No. 112) for every sanitation inspection that will be conducted by the sanitary engineer/sanitation inspector.

b. The mission order must contain the date, mission order number and series, the name of the inspector and I.D. number, the business names, addresses, categories of establishments to be inspected and the scheduled dates of inspection. This must be shown to the owner/operator of the establishment before any inspection is conducted. The immediate supervisor of the inspector shall monitor the enforcement of the mission order.

c. Sanitary inspection conducted without a mission order is prohibited.

d. Sanitary inspections shall be done preferably during the time while the establishment is in operation.

e. The owner/operator of the establishment shall report to the local health officer or chief of the sanitation division/section/unit the unauthorized inspection that was executed.

A12.4 Uniform of the Sanitation Inspectors and aids to inspection

a. The sanitation inspector shall wear the prescribed uniform of the office with the proper identification card and the mission order while conducting the inspection.

b. He shall likewise bring all the equipment and supplies needed in the inspection such as the inspection forms, clipboards, thermometers, flashlight, metal measuring tape, camera, light meter, water pressure gauge, chlorine residual, and pH comparator kits, black light, etc., and a copy of the sanitation laws and other materials. DHITCc

A12.5 Recording of inspection

a. The sanitary engineer/sanitation inspector shall keep a record of all inspections or evaluation reports.

b. The sanitary engineer/sanitation inspector shall furnish the original of such a report to the owner/operator.

c. Demerits entered in the appropriate column of the inspection form shall indicate that the item does not conform to the requirements of these regulations. The inspection form has twenty (20) items. Non-complying items are indicated with an (X). Every such item is weighted with a demerit of 5. The rating of the establishment is, therefore: 100 less (number of demerits x 5). The result is expressed as a percentage (%) rating.

d. Sanitation standard

i. The percentage rating has an equivalent sanitation standard as follows:

 

Percentage rating	Sanitation standard	Color code
90%-100%	EXCELLENT	Luminous Green
70%-89%	VERY SATISFACTORY	Luminous Yellow
50%-69%	SATISFACTORY	Luminous Red

 

ii. The sanitation standard rating sticker (SSRS) shall be posted in a conspicuous part of the establishment preferably at the door, for the guidance of the guests and the general public. It shall be updated once every three (3) months unless revoked earlier.

e. The average sanitation standard of every category of establishments shall be evaluated by the local health officer/chief of the sanitation division/section/unit every end of the year to determine its improvement/maintenance of the rating.

A12.6 Report of inspection

a. The sanitary engineer/sanitation inspector who conducted the inspection shall complete the sanitary inspection report, and whenever an inspection form issued indicates non-complying items, he shall notify the owner/operator of the corrections to be made and indicate a reasonable period for its compliance.

i. The recommended corrective measures shall be specific for easy understanding of the owner/operator of the establishment.

ii. A reasonable period of compliance or grace period shall be inclusive of Saturdays, Sundays, and holidays.

b. The sanitary engineer/sanitation inspector who conducted the inspection shall likewise prepare a sanitary order for approval of the local health officer or chief of the sanitation division/section/unit as the case may be.

c. Within forty-eight (48) hours after the evaluation or inspection, the original copy of the inspection report and sanitary order shall be furnished and acknowledged by the holder of the sanitary permit or the owner or operator of the-establishment. The inspection report shall be personally delivered, or shall be sent through postal service, registered with a return card.

A12.7 Re-inspection

a. If upon re-inspection after the deadline, the sanitary engineer/sanitation inspector finds the correction has not been effected, he shall report to the local health officer who shall recommend to the local health authority the revocation of the sanitary permit.

b. A copy of the inspection form and any notice served shall, in all cases be filed and kept by the local health office and be available at all reasonable time for inspection by authorized officials.

A12.8 Service of notice

a. Whenever an evaluation or inspection form indicates non-complying items, the local health officer shall serve to the owner/operator of the establishment a sanitary order requiring him, within the grace period, stated in the order, to take remedial action as may be specified therein.

b. In the event of the non-compliance of the first sanitary order by the owner/operator, the local health officer may serve a second notice:

i. Second Sanitary Order. If the owner/operator of the establishment needs additional time to comply with the first sanitary order, he shall request the local health officer in writing prior to the expiration of the sanitary order for an extension of the grace period. The local health officer, upon the recommendation of the sanitary engineer/sanitation inspector who conducted the inspection, will act on such a request.

ii. Notice of Hearing. The local health officer shall call the owner/operator of the establishment to show the cause, at the time and place stated in the notice, why the permit issued in respect of the establishment should not be revoked.

A12.9 Revocation of permit

a. After prior notice and hearing as provided above, the local health officer, if satisfied that the terms of the two notices have not been complied with or failure to comply therewith is not excusable shall recommend the revocation of the said permit, or;

b. After a second sanitary order on an extended grace period, a re-inspection was conducted, and still the owner/operator fails to comply with such order as reported by the sanitary engineer/sanitation inspector, the local health officer shall recommend the revocation of the permit without delay and shall inform other related agencies of the city/municipality of the revocation.

c. Lifting of suspension of permit may be recommended whenever the owner/operator of the establishment complies with the notices.

d. The owner of the establishment may file a motion for reconsideration to the local health authority if he is not satisfied with the action of the local health officer.

e. The local health authority may file court proceedings against any establishment for continuously operating after the revocation of its permit.

A12.10 Summary suspension of permit

Whenever the local health officer finds unsanitary or unhealthy conditions in the operation of the establishment which in his judgment constitute a substantial hazard to public health, he shall recommend the immediate suspension of the sanitary permit to the local health authority. Any person to whom such order is issued may file a written petition and shall be afforded a hearing within forty-eight (48) hours. cEaSHC

A12.11 Appeals

The person or panel conducting the hearing may confirm, modify or reverse the decision appealed from which decision shall be final.

A12.12 Power of entry

Any sanitary engineer/sanitation inspector or duly authorized officer of the Department of Health or of the provincial, municipal or city health office, upon presentation of proper credentials, may at all reasonable times enter into any establishment or premises engaged in activities covered by these rules and regulations for the purpose of inspection or any other action necessary for the administration of these rules and regulations.

A12.13 Hearings

The local health authority may conduct hearings regarding erring establishments to include appeals from establishments. The decision of the local health authority shall be deemed final and executory.

ANNEX 13

Sanitation Standard Requirements for the Sanitary Permit Issuance for Funeral and Embalming Establishments

The following specific sanitary requirements for funeral and embalming establishment and its amenities shall be applied:

A13.1 Initial and Operational Permit from the Center for Health Development prior to the construction and operation.

A13.2 Sanitary requirements for funeral chapels

a. Funeral chapels shall be adequately lighted and ventilated.

b. Each chapel shall have access to adequate toilet facilities.

c. A Category I funeral establishment shall have a wastewater treatment or disposal system capable of meeting the government set wastewater effluent quality standards.

d. Adequate potable water shall be always available.

e. The food preparation area shall conform to the appropriate provisions of Chapter III —"Food Establishments" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.

f. There shall be two (2) waste receptacles, one for biodegradable and the other for non-biodegradable waste with a tight-fitting cover and placed in an appropriate visible location for easy access and collection in accordance with Chapter XVIII — "Refuse Disposal" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.

g. A regular vermin abatement program shall be maintained in accordance with Chapter XVI — "Vermin Control" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.

A13.2 Sanitary requirements for embalming and dressing rooms

a. Embalming and dressing rooms shall be constructed of concrete or semi-concrete materials.

b. The minimum floor area shall be twenty-five (25) square meters to include an emergency shower, storage room, viewing area, reception/waiting area. There shall be provided a minimum working space of 1.50 meter x 2.0 meter for every remains.

c. The floors and walls shall be constructed of concrete or other impervious or easily cleaned material that is resistant to wear and corrosion and shall be sloped to drain; all angles between the floors and walls shall be rounded off to a height of not less than 7.62 cm (3 inches) from the floor.

d. Floor drains shall be provided. It shall be constructed and sloped to drain so that all washing and body fluids shall flow to wastewater treatment facilities separate from the septic tank. All solid wastes which include pathological and infectious wastes shall be placed in receptacles lined with a yellow plastic bag while sharps shall be placed in receptacles lined with a red plastic bag or any approved type of sharps collector.

e. The internal surface of walls shall have a smooth, even, non-absorbent surface easily cleaned without damage to the surface and constructed of dust-proof materials.

f. All ceilings or if no ceiling is provided, the entire under-surface of the roof shall be dust-proof and washable.

g. All lighting shall be free from glare and distributed so as to avoid shadows.

h. Ventilation shall be provided which shall be effective and suitable to maintain comfortable condition. The natural air supply in any room shall be twelve (12) air exchanges per hour. The air inlet shall be located above the workers' height and the exhaust fan shall be located at least below the level of the embalming table. The exhaust fan shall be provided with a properly sealed air duct directed upwards through the roof of the embalming facility.

i. Embalming shall be performed on a table made of aluminum, stainless steel, or other equally impervious materials with a minimum size of 0.60 m x 1.80 m. CTIEac

j. Embalmers and assistants shall use personal protective equipment such as rubber gloves, aprons, boots, and safety goggles while working.

k. Washing facilities with soaps, detergent, and germicidal solutions shall be provided for use of the working personnel.

l. Embalmers and assistants shall be provided with lockers and closets for personal protective equipment and a separate closet for chemicals used for embalming.

A13.3 Sanitary requirements for morgues

a. Location. The morgue shall be constructed either as a separate structure or part of the funeral and embalming establishments. In either case, strict privacy must be maintained.

b. Size. The size of the morgue depends on the number of remains to be stored. The cadavers shall be contained in tanks divided into compartments. Each compartment must have the following dimensions: length of 2.50 meters; width of 1.50 meters and a depth of 2.50 meters. Every compartment shall be provided with a drain pipe leading into a separate wastewater treatment facility from the septic tank. The cover of each compartment shall be provided with tight fitting lids.

c. Lighting and ventilation. The aggregate window area shall not be less than 1/10 of the floor area. The room shall be well ventilated and well lighted. In addition to those openings, exhaust ducts of at least 1/50 of the floor area shall be provided in the ceiling or as close to the ceiling as possible.

d. Water supply. The area of the morgue where autopsies are conducted shall be provided with an appropriate water supply.

A13.4 Personnel

a. Health Certificate. No person shall be employed in any funeral and embalming establishment without a health certificate issued by the city/municipal health officer.

b. Undertakers

i. Funeral parlors shall employ DOH-certified undertakers who shall be responsible for the care, handling, transfer, and disposal of dead bodies/remains.

ii. Undertakers shall be licensed to practice undertaking only after passing an examination conducted by the DOH. The undertaker shall undergo proper training with the Department of Health or with DOH-accredited trainers/institutions/associations.

iii. Responsibilities of undertakers shall include the following:

1. Care and arrangement of the deceased during vigils and application of sanitary precautions such as using Personal Protective Equipment in placing the remains inside the casket;

2. Assure that all caskets to be used are hermetically tight;

3. Accompany the transfer of deceased persons by land; if more than fifty (50) km from the place of origin or in case of sea or air transport make arrangements for the remains to be met by another undertaker at the destination. The transport vehicle should have a partition between the driver and the dead person;

4. Update their knowledge by undergoing training conducted by the Department of Health and/or the Department of Health accredited trainers/institutions/associations;

5. Ensure the proper disinfection of all types of vehicle used in the transport of cadavers; and

6. Shall be in charge of handling and care of remains within the crematorium.

c. Embalmers

i. Funeral parlors with embalming facilities and offering embalming services shall employ an embalmer with a valid License to Practice and Certificate of Registration from the Department of Health.

ii. Only licensed or registered embalmers with the Department of Health shall perform embalming.

iii. Responsibilities of embalmers shall include the following:

1. Attend to all procedures of embalming remains;

2. Wear Personal Protective Equipment (PPE) when performing embalming procedure;

3. Perform embalming in embalming facility only, except in except in extreme cases;

4. Ensure that no parts of the remains shall be removed during embalming; SaCIDT

5. Apply all sanitary precautions in the embalming of remains; and

6. Regularly renew the License to Practice every three (3) years and Certificate of Registration annually.

7. Update their knowledge by undergoing training conducted by the Department of Health and/or Department of Health accredited trainers/institutions/associations.

ANNEX 14

Requirements for the Issuance of License to Practice and Certificate of Registration for Undertakers and Embalmers

A14.1 Membership

a. A Committee of Examiners for Undertakers and Embalmers shall be created by the Secretary of Health through a Department Order which will be hereinafter referred to as the "Committee" and shall be composed of: five (5) members such as:

i. Chairperson

ii. Vice-Chairperson

iii. Member — Sanitary Engineer

iv. Member — Pathologist

v. Member — Legal Officer

b. The Committee shall be assisted by a group of assessors/facilitators for the oral and practical examination. The Committee shall select them from the active members of the organization of licensed embalmers in the country.

c. The Committee Secretariat shall come from the Chairperson's office.

d. All the members shall hold office for three (3) years or until their successors shall have been appointed and duly qualified without prejudice to reappointment for another term.

A14.2 Powers, duties and functions of the Committee

a. To announce, schedule, and hold examinations for undertakers and embalmers; to approve or disapprove applications for examination and to perform all other duties pertinent and related thereto.

b. To issue license and Certificate of Registration; and Certification to embalmers and undertakers, respectively, who have satisfactorily passed the examinations and have complied with the requirements prescribed by law; to deny the issuance of a license to any candidate and/or to recommend the cancellation of the license issued to any holder of the certificate upon conviction of any criminal offense involving moral turpitude, or has been found guilty of immoral or dishonorable conduct; or has been declared to be of unsound mind or physically unfit, or who has been found violating existing laws, rules and regulations as the case may be.

c. To issue certified true copies of lost or damaged licenses and Certificate of Registration for embalmers and Certification to undertakers.

d. To conduct investigations of all sworn complaints against registered undertakers and embalmers or against the operation of embalming establishments and to submit its findings and recommendations to the Secretary of Health for appropriate action.

e. To establish criteria for the accreditation of institutions, associations or trainers who shall train the undertakers and embalmers.

f. To accredit institutions, associations or trainers conducting training programs and review courses for undertakers and embalmers.

g. To have visitorial powers on establishments and other related matters covered by these rules and regulations.

h. To perform other functions necessary to regulate, standardize, professionalize and uplift the practice of undertaking and embalming.

i. To perform such other related duties assigned by the Secretary of Health to implement pertinent provisions of the Code on Sanitation of the Philippines and these implementing rules and regulations.

A14.3 Honoraria of the Committee

The Chairperson, Vice-Chairperson and Members of the Committee shall receive a monthly allowance during their term of office. They shall be allowed to receive honorarium as resource persons/speakers in accordance with Administrative Order No. 93, s. 2003 dated September 23, 2003 and/or by any subsequent updated or related government policy of the Department.

A14.4 Examination for Undertakers and Embalmers for License to Practice

a. Date of examination. Licensure examination for undertakers and embalmers shall be conducted any day of the first week of March and September of every year. In exceptional cases, the Committee may give examinations on other dates outside the prescribed ones.

b. Place of examination

i. The examination for undertakers and embalmers shall be conducted at the Department of Health, Manila, or other venues as determined by the Committee.

ii. Simultaneous examinations can be conducted at any Department of Health Regional Offices as determined by the Committee upon the recommendation of the CHD-Director IV with a minimum of fifty (50) examinees per schedule for cost effectiveness.

A14.5 Qualification of applicants

a. Applicants for embalmers must have the following qualifications:

i. He or she must be a Filipino citizen, at least eighteen (18) years old at the time of the examination; cHECAS

ii. He/she must be of good moral character certified by the Office of the barangay captain of the community where the applicant resides;

iii. He/she must submit a certification or clearance from the National Bureau of Investigation or provincial fiscal that he/she is not convicted by the court of any case involving moral turpitude;

iv. He/she must submit a medical certificate from a government physician that he/she is physically and mentally fit to take the examination;

v. He/she must be at least a high school graduate;

vi. He/she must submit a certification from the Department of Health accredited institution, association, or trainer that he/she received the following instructions:

 

COURSE CODE	COURSE TITLE	Total Number of Hours
ANA-PHY	Anatomy — General and Organ System Anatomy as Applied in Embalming Physiology — General and Organ System Physiology as Applied in Embalming	10 Hours
MIC-PARA	Microbiology — General Microbiology as Applied to Embalming Parasitology — General Parasitology as Applied to Embalming	10 Hours
EMB I	Embalming I — Practice of Embalming	30 Hours
EMB II	Embalming II — Hygiene and Sanitation	10 Hours
EMB III	Embalming III — Ethics and Jurisprudence	20 Hours
CP	Practical — actual exposure/cases	60 Hours

TOTAL NUMBER OF HOURS

140 Hours

 

vii. He/she must submit a certification from the DOH-accredited training provider that he/she has skillfully and satisfactorily embalmed at least 10 cadavers within a one (1) year period.

A14.6 Applicants for undertakers must possess the following qualifications:

a. Same as qualifications for embalmers except for items v, vi, and vii.

b. Certification from a licensed funeral establishment attesting to the capability of the applicant to perform undertaking and that he/she has undergone apprenticeship for one year.

A14.7 Application and examination fee

a. Applicants must submit to the committee secretariat two (2) copies of the prescribed application form duly accomplished and notarized together with two (2) copies of passport size photograph with name tag taken within the last six months.

b. Applicants shall pay an examination fee in the amount prescribed by the Department.

c. The application form and the examination fee including the pertinent documents stated must be filed three (3) weeks before the examination date in order for the applicant to be included in the list of examinees.

A14.8 Scope of examination

The examination for embalmers shall be conducted in English or Filipino and will consist of theoretical and oral/practical examinations. The theoretical examination shall be conducted in writing and comprise basic questions on Anatomy and Physiology; Microbiology and Parasitology; Sanitation and Hygiene; and Ethics, Jurisprudence, and Practice of Embalming.

The oral/practical examination for undertakers shall consist of the care, handling, transport, and disposal of the remains while the oral/practical examination for embalmers shall consist of procedures and techniques in embalming the remains. The scope shall be determined and published by the Committee Secretariat.

A14.9 Passing average

a. For embalmers — In order that an examinee may be deemed to have passed the examination successfully, he/she must obtain a general average of 75% in the theoretical examination and a general average of 75% in the oral/practical examination.

b. Only those who have passed the theoretical examination shall be allowed to take the oral/practical examination.

c. All examinees who passed the theoretical examination shall take the oral/practical examination within one (1) month after official advice, otherwise, the results of the theoretical examination shall be deemed canceled.

d. For undertakers — in order that an examinee may be deemed to have passed the examination, he/she must obtain a general average of 75% in the oral/practical examination.

A14.10 Issuance and Renewal of License to Practice and Certificate of Registration for Undertakers and Embalmers

a. Issuance of License to Practice

i. All examinees that have passed the required examinations shall be issued a License to Practice duly signed by the chairperson of the Committee and approved by the Secretary of Health.

ii. The License to Practice shall bear a recent picture and signature of the successful examinee and valid for three (3) years. The fees shall be paid to the Department of Health (Central Office).

iii. The License to Practice shall be posted conspicuously in the establishment concerned. AHDacC

b. Issuance of Certificate of Registration

i. All newly licensed undertakers and embalmers shall register to the Center for Health Development (CHD) where their place of employment is located.

ii. The first Certificate of Registration shall be issued upon presentation to the CHD their License to Practice. The issued Certificate of Registration shall cover the period from the date of issuance to the last day of the current year and subject for renewal annually.

iii. The certificate of registration shall be issued by the Center for Health Development and approved or signed by the Director IV.

c. Renewal of the License to Practice and Certificate of Registration

i. An undertaker or embalmer shall apply for the renewal of the license to practice and certificate of registration at the concerned Center for Health Development.

ii. The license to practice shall be renewed on his/her birth month and pay the corresponding fees every three (3) years in any Center for Health Development.

iii. The certificate of registration shall be renewed annually beginning January 1 of the year and shall expire December 31 of the same year.

iv. The following requirements shall be presented when applying for renewal of the License to Practice:

1. Latest copy of the Certificate of Registration;

2. Receipt as payment of renewal and miscellaneous fees for three (3) years in the amount prescribed by the Department of Health;

3. Certificate of attendance to continuing education/training on undertaking and embalming conducted by DOH-accredited training institutions.

v. The following requirements shall be presented when applying for renewal of the Certificate of Registration:

1. Health certificate;

2. Current professional/occupational tax receipt;

3. Current community tax certificate;

4. Receipt as payment of registration and miscellaneous fees for one year in the amount prescribed by the Department of Health.

A14.11 Suspension or Revocation of License to Practice of Embalmers and Undertakers

a. The Committee and/or the Center for Health Development concerned shall recommend to the Secretary of Health to reprimand erring undertakers and embalmers by suspension or revocation of the certificates of all those found guilty after due investigation on any of the following grounds:

i. Conviction by a court of competent jurisdiction of any criminal offense involving moral turpitude;

ii. Insanity;

iii. Fraud in acquisition or renewal of the Certificate of Registration;

iv. Gross negligence, ignorance, or incompetence in the practice of his/her occupation;

v. Addiction to alcoholic beverages and prohibited drugs;

vi. False or unethical advertisement and practice;

vii. Physical incapacity which will impair the performance of duty as undertakers and embalmers;

viii. Failure to re-validate the License to Practice and Certificate of Registration for at least five (5) years; and

ix. Other analogous grounds affecting the occupation.

A14.12 Human Resource Production, Utilization, Placement, and Development

The Committee, in coordination with the accredited training institutions, accredited training providers, as well as professional organizations, is hereby mandated to formulate and develop a comprehensive embalmers program indicating a continuing embalmers education (CEE) that includes a valid assessment of career performance and potential, towards upgrading the level of skills of undertakers and embalmers in the country, such as but not limited to the areas of performing procedures as may be determined by the Committee.

ANNEX 15

Prescribed Requirements in the Practice of Undertaking and Embalming

A15.1 Licensed embalmers shall practice embalming in accordance with the following:

a. No embalmer shall embalm any remains without first obtaining the corresponding Death Certificate duly signed by the attending physician or the local health officer or any other authorized officer and permission of the responsible nearest of kin of the deceased;

b. The said embalmer before proceeding on his work must be in Personal Protective Equipment (PPE) and assure himself that no autopsy of the remains will be necessary for medico-legal purposes;

c. No embalmer shall embalm any dead human body who died from dangerous communicable diseases. If the cause of the disease is unknown or undetermined, the same shall be reported first to the local health officer before embalming; IDSEAH

d. In cases when a family member requests the removal of the fetus from a pregnant deceased for the purpose of embalming, the procedure must be done by a medico-legal officer from the NBI or PNP-SOCO, hence, embalmers are never allowed to open nor remove any part of the body of the deceased;

e. Every licensed embalmer shall certify, sign and affix his license number after his signature on the back of the Death Certificate stating the time and date of embalming;

f. No embalmer shall embalm any dead human body with any fluid or preparation of any kind containing arsenic, strychnine, mercury, or any poisonous alkaloid without special permission from the Secretary of Health or his duly authorized representative;

g. Embalming operations shall only be performed in an embalming room duly permitted to operate. In extreme cases, embalming operations may be done at the home of the deceased, provided that intra-cavity or intravenous injections only are used and precautions are taken to safeguard public health. Within six (6) hours after performing an emergency embalming operation, a written report shall be submitted to the local health officer by the embalmer;

h. Embalmers shall comply with the procedure, method of embalming and embalming fluid and other preparation promulgated by the committee and approved by the Secretary of Health; and

i. In case of calamity, disaster or epidemic where the number of victims can no longer be attended by local embalmers, the local health authority may institute cremation or mass disinfection prior to burial.

A15.2 Licensed undertakers shall practice undertaking in accordance with the following:

a. The undertaker shall facilitate the bringing of the deceased from the place of origin to the embalming facility.

b. The undertaker shall ensure that the remains are property laid in the casket and free from odor and moisture.

c. The undertaker shall be responsible for the physical arrangements of the remains including the make-up, floral, and lighting arrangements.

d. The undertaker shall prepare the burial site to meet the provisions of these rules and regulations.

e. The undertaker shall accompany the remains from the funeral parlor to the burial site.

ANNEX 16

Prescribed Requirements for the Use of Remains for Medical Studies and Scientific Research

The following requirements shall apply for the application and use of remains for medical studies and scientific research.

A16.1 Application Requirements

a. The application shall be filed by the medical/paramedical scientific institutions and not by a funeral establishment to the City/Municipal Health Office concerned for review and endorsement to the concerned Center for Health Development.

b. Duly accomplished application form for the use of remains for scientific and/or medical purposes shall be forwarded to the Center for Health Development-Director IV for approval. Only medical/paramedical institutions authorized by the Commission on Higher Education (CHED) to offer courses in medicine, nursing, dentistry, physical therapy, midwifery and other paramedical courses shall be permitted to use remains for scientific and/or medical purposes.

A16.2 Unclaimed remains may be used by medical schools and/or scientific institutions for studies and research subject to the following requirements:

a. Unclaimed remains who died of a dangerous communicable disease shall not be permitted to be utilized for scientific purposes and/or medical studies.

b. In case the person died from non-dangerous communicable disease, a certification shall be secured by the scientific institution and/or medical school from the Director or Chief of Hospital or local health officer certifying that the remains have been unclaimed for 48 hours after death and that the cause of death was that of non-dangerous communicable disease.

c. In case the unclaimed remains are involved in a medico-legal case, clearance shall be first secured from the chief of police or the prosecutor having jurisdiction on the case.

A16.3 The necessary transfer permit shall be secured and the official receipt covering the payment shall be attached to the application.

A16.4 The remains or the part or parts thereof shall not be used in any way or manner other than the purposes applied for.

A16.5 After the remains have served their purpose, the same shall be given a decent burial by the applicant institution which shall be arranged with a licensed funeral parlor and shall defray all expenses incident thereto.

A16.6 Medical/paramedical schools and scientific institutions storing remains for scientific and/or medical purposes must provide, in addition to existing facilities, the following:

a. Morgue

i. Location. The morgue shall be constructed either as a separate structure or part of the medical or paramedical building. In either case, strict privacy shall be maintained. aCIHcD

ii. Size. The size of the morgue depends on the number of remains to be stored. The cadavers shall be contained in tanks divided into compartments. Each compartment shall have the following dimensions: length of 2.50 meters, the width of 1.50 meters, and depth of 2.50 meters. Every compartment shall be provided with a drainpipe leading into a separate wastewater treatment facility from the septic tank. The cover of each compartment shall be provided with tight-fitting lids.

iii. Lighting and ventilation. The aggregate window area shall not be less than 1/10 of the floor area. The room shall be well ventilated and well lighted. In addition to those openings, exhaust ducts of at least 1/50 of the floor area shall be provided in the ceiling or as close to the ceiling as possible.

b. Dissection room requirements

i. The dissection room must be located in a suitable place of the building, preferably on the top floor, or in a separate structure where only authorized persons shall have access;

ii. Good ventilation and lighting;

iii. Protection from insects and rodents;

iv. Floor and walls up to 1.50 meter high must be of cement and other impervious materials; and

v. One or more floor drains connected with the wastewater treatment facilities separate from the septic tank or sewage disposal system.

vi. Water supply at the dissection room.

ANNEX 17

Summary of Responsibilities of Concerned Offices/Officers

A17.1 RESPONSIBILITY OF THE CHD-DIRECTOR IV

The CHD-Director IV shall:

a. Act on applications for the establishment of burial grounds, columbaria, ossuaries, crematoria and funeral establishments, including the issuance of initial clearance and operational clearance;

b. Approve the closure of any burial ground found to be a menace to public health as recommended by Local Health Authority;

c. In special cases, act on the application for closure and reopening of cemetery;

d. Act on applications for the exhumation of remains that do not meet the prescribed period;

e. Act on the applications for the establishment of crematorium;

f. Act on the renewal of the certificates of registration of embalmers and undertakers;

g. Submit the list of renewed licenses of embalmers and undertakers to the committee every year;

h. Recommend to the Secretary of Health the suspension or revocation of the certificate of erring undertakers or embalmers;

i. Act on application for the use of remains for scientific and/or medical purposes; and

j. Monitor the implementation of this IRR.

A17.2 RESPONSIBILITY OF THE LOCAL HEALTH AUTHORITY

The local health authority at the provincial level shall:

a. Provide or approve a training program for local health staff involved in handling dead persons and sponsor/conduct the necessary training;

b. Monitor the implementation of this IRR;

c. Hire medico legal officer to respond to any medico legal case within the province in with the City /Municipal Health Officer; and

d. Assist the lower income LGUs in financial and other logistical requirements.

The local health authority at the city/municipal level:

a. Administer city or municipal cemeteries;

b. Apply prescribed measures when cause of death is due to dangerous communicable diseases;

c. Ensure proper recording of deaths occurring within his area of jurisdiction;

d. Conduct hearings regarding erring establishments to include appeals from such establishments;

e. Act on the recommendation of the local health officer to suspend or revoke the sanitary permit for funeral establishments, public and private burial grounds;

f. Recommend to the CHD-Director IV through the Provincial Health Office for approval of the donation of unclaimed remains to medical schools and scientific institutions for purposes specified in these rules and regulations;

g. Sponsor the training of the local health officer to become a medico-legal officer; and

h. Act on the closure of the cemetery under their jurisdiction subject to the approval of the CHD-Director IV. cHaCAS

A17.3 RESPONSIBILITY OF THE LOCAL HEALTH OFFICER (CITY/MUNICIPAL)

The local health officer shall:

a. Issue sanitary permit to funeral establishments, crematoria, columbaria, ossuaries, and public and private burial grounds;

b. Issue the suspension and revocation of the sanitary permit for funeral establishments, crematoria, columbaria, ossuaries, and, public and private burial grounds;

c. Issue the death certificate in the absence of an attending physician;

d. Issue burial, transfer and exhumation permits;

e. Supervise the exhumation of remains for medico-legal cases;

f. Evaluate and inspect the compliance of funeral establishments, public and private cemeteries with these implementing rules and regulations;

g. Issue sanitary order to funeral establishments, public and private burial grounds for non-compliance with these rules and regulations; and

h. Perform autopsy and dissection of remains as the need arises; and

i. Keep official records of the dead, medico-legal cases, and unidentified dead persons.

A17.4 RESPONSIBILITY OF THE LOCAL GOVERNMENT

The local government shall:

a. Reserve appropriate tract of lands under their jurisdiction, for cemeteries subject to the approval of CHD-Director IV;

b. Utilize judiciously grants, gifts, bequest of property or financial donations for the establishment or improvement of cemeteries;

c. Close cemeteries under their jurisdiction subject to the approval of the CHD-Director IV;

d. Prepare quarterly cemetery reports and have these available upon request; and

e. Provide adequate forms for the enforcement of Presidential Decree No. 856.