A law for the dead and the living
The cost of living in the Philippines is high. And so is the cost of dying.
This is why a new law providing free funeral services is a huge help for poor Filipino families whose grief is doubled by the steep cost of giving their deceased loved ones a proper and decent burial. But can the government afford it?
Republic Act No. 12309, or the Free Funeral Services Act, as its name suggests, provides free funeral services to families who are considered “in crisis situations,” including indigent people and those affected by calamities or other emergencies, as determined by the Department of Social Welfare and Development (DSWD). The law aims to assist about a fourth of the country’s 110 million population that lives below the poverty line, based on the Asian Development Bank’s 2021 estimates.
The funeral package covered by RA 12309, which lapsed into law on Sept. 28, includes the costs of funeral documents, embalming, burial services, transportation, cremation, inurnment, and the provision of a casket or urn. Based on estimates, the cheapest funeral expenses range from P8,000 to P20,000.
“While the Department of Social Welfare and Development and local government units are offering burial or funeral assistance to help indigent families, this assistance is not enough to cover all funeral and related expenses incurred by the family of the deceased,” said Cagayan de Oro Rep. Lordan G. Suan, author of one of the bills that helped create the law.
Proper resting place
It is important to note, however, that while the new law covers the burial service, or the ceremony held after the funeral before the deceased is laid to rest, it does not include the cost of a memorial plot. This would entail an additional cost of at least P5,000 for a burial plot in a public cemetery though availability is not guaranteed and the expense could go up to P20,000.
Some charities and organizations do offer assistance for those who cannot pay for a burial plot or a tomb, but how many of the poor who do not get such help are forced to take out loans to ensure that their loved ones get a proper resting place? Some opt for the cheaper choice of renting an “apartment tomb” that costs at least P1,000 a year or about P8,000 for a six-year lease; failing to renew the lease means letting the cemetery owner take over and rent the space to another.
Cremation could be an option, but the process is even more expensive and is still not a conventional way for Filipinos, whose funeral practices are rooted in cultural and religious beliefs as well as family traditions. It could also last for a week, escalating expenses even more. Wakes can sometimes take weeks or even months, as the bereaved family struggles to raise enough from donations to cover funeral and burial expenses.
Funeral rites
Related expenses can also set back poor families, including paying for a casket, the cheapest of which could cost P5,000, and food and refreshments for visitors. Those who cannot afford to rent a memorial chapel choose to hold the wake at home, but even the funeral rites could cost at least P8,000. These amounts may appear inconsequential to others, but they are a huge financial burden for those who are already struggling while living.
The law stipulates the following requirements to avail of the indigent funeral package: a valid ID of the claimant or beneficiary, a death certificate issued by the hospital or city/municipal health office, or certification from the tribal chieftain; funeral contract signed by the representative of the deceased’s family, the funeral establishment, and an authorized DSWD personnel; and a social case study prepared by any registered social worker.
On the other hand, the law imposes jail time of at least six months and fines of up to P500,000 on those found swindling the government to avail of the free funeral service.
AICS’ P44.75 billion budget
The DSWD, which is the lead implementing agency, must see to it that the application process will not create another mountain of bureaucratic red tape for the bereaved family, just like the many other laws that seek to make life easier for the ordinary Filipino but do the opposite—availing of health or senior citizen benefits comes to mind.
Before 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). RA 12309’s initial funding is charged under AICS’ P44.75 billion budget this year. However, the DSWD has not included the item under its proposed budget next year. Lawmakers have revised the AICS budget for 2026 to P60 billion from P27 billion, but it was not immediately clear whether this was done to cover the expenses that will be entailed under RA 12309.
The government should look into it and ensure that there is allocation to fund this public service because the last thing that Filipinos need, as they honor and pray for their deceased loved ones today, is another law that promises a lot on paper but falls short in reality.
