Free funeral services bill lapses into law
The bill providing free funeral services to poor Filipino families has lapsed into law without the signature of President Marcos.
Republic Act (RA) No. 12309 or the Free Funeral Services Act became a law on Sept. 28 after President Marcos had not acted on the measure 30 days since it was transmitted by Congress, as provided under Article VI, Section 27(1) of the 1987 Constitution.
A copy of the law has not yet been published in the Official Gazette as of Sunday.
Aside from institutionalizing the funeral assistance being currently provided by the Department of Social Welfare and Development (DSWD), the law also imposes jail time and fines on individuals found to be scamming the government to avail themselves of free funeral service.
Funeral package
Under the law, the government will provide free funeral services to families who are considered “in crisis situations,” including indigents and those affected by disasters and other emergency situations, as determined by the DSWD.
The funeral package covers the preparation of funeral documents, embalming, burial services, transport, cremation and inurnment, including the provision of a casket or urn.
Requirements
Prior to the enactment of RA 12309, the DSWD provided funeral assistance from P5,000 to P50,000 under its Assistance to Individuals in Crisis Situations (AICS).
If the aid requested exceeded P10,000, it is provided through a guarantee letter and a case summary provided by a social worker.
The bereaved family must present the following to avail itself of the free funeral package: a valid ID; death certificate issued by the hospital or local health office; a funeral contract signed by a representative of the deceased family member, the funeral establishment and an authorized DSWD personnel; and a social case study prepared by a social worker.
Funeral establishments providing these services will be paid by the regional office of the DSWD, upon the approval of the regional director, based on the signed contract.
Initial funding for RA 12309 will be charged against the AICS’ P44.75-billion budget.
However, no funding for the Free Funeral Services Act is included in the line item of the DSWD under its proposed budget next year, although lawmakers revised the executive branch’s proposal for the AICS budget for 2026 from P27 billion to 60 billion.
Penalties
Funeral establishments granting free services to poor beneficiaries will be paid the cost by any regional office of the DSWD upon the approval of the regional director.
The payment will be based on the stipulations of the signed contract between the representative of the deceased’s family, the funeral establishment, and the authorized DSWD personnel.
Establishments refusing to provide free funeral services under the law will be fined up to P400,000 and their license to operate revoked.
The law also penalizes, with imprisonment of at least six months and a fine of up to P500,000, any individual or establishment found to have fraudulently availed oneself of or facilitated free funeral services “through false representation, document falsification, or collusion.”
RA 12309 was passed on June 2 by the Senate of the previous 19th Congress as Senate Bill No. 2965. The House of Representatives on June 11 adopted that version as an amendment to its House Bill No. 102.
The enrolled bill was sent to the Office of the President on Aug. 28 for his signature or veto, but Mr. Marcos did not act on it until it lapsed into a law on Sept. 28.
