CHAPTER 8

DISPOSAL OF DEAD BODY

 
DEFINE
·       Burial - the act or ceremony of putting a dead body into a grave in the ground.
·       Inhumation - the action or practice of burying the dead; the fact of being buried
·       Cremation - the disposal of a dead person's body by burning it to ashes, typically after a funeral ceremony
·       Exhumation - the action of digging up something buried, especially a corpse.
 
KNOW
·       Concept of possession
The right of custody over a dead body means possession. Possession means the holding of a thing or enjoyment
of a right. The possession of a thing means two things: either in the concept of ownership or the holder of a thing
keeping it while the ownership belongs to another.

·       Is death certificate necessary before burial?

YES. Sec. 1087, Revised Administrative Code: Requirement of Certificate of Death — By whom to be issued:
Except in cases of emergency, no dead body shall be buried without a certificate of death. If there has been a physician
in attendance upon the deceased, it shall be the duty of the said physician to furnish required certificate. If there has
been no physician in attendance, it shall be the duty of the local health officer or of any physician to furnish such
certificate. Should no physician or medical officer be available, it shall be the duty of the mayor, the secretary, or of a
councilor of the municipality to furnish the required certificate.

The law requires the necessity of a death certificate before burial, except in emergency cases. The following may
sign the death certificate: (1) The attending physician, if there is any; (2) The local health (municipal health officer) if
there is no physician in attendance; 222 LEGAL MEDICINE (3) The municipal mayor, if there is no local health officer and
no physician in attendance; (4) The municipal secretary, in the absence of the mayor; (5) Any councilor. The order in the
enumeration is exclusive and successive.

·       Burial in case of death by suspected violence or crime

In cases of death wherein violence or crime is suspected, it is necessary to notify the following in order to
determine the circumstances and nature of death: (1) Justice of the peace. (2) Auxiliary justice of the peace, if the
former is not available. But the permission for burial may only be granted by: (1) Provincial fiscal. (2) Municipal mayor if
the fiscal is not available.

·       Burial in case of death by dangerous communicable diseases

In case of death due to dangerous communicable disease or due to any epidemic recognized by the Director of
Health, the body of the deceased shall not be taken to any place of public assembly, nor shall any person be permitted
to attend the funeral of such deceased person, except the adult members of the immediate family of the deceased, his
nearest friends, not exceeding four, and other persons whose attendance is absolutely necessary. After the deceased
shall have been buried for a period of one hour, a public funeral may be held at the grave or in a place of public
assembly or elsewhere.

Sec. 91 (h), P.D. 856 Code of Sanitation: When the cause of death is a dangerous communicable disease, the
remains shall be buried within 12 hours after death. They shall not ba taken to any place of public assembly. Only adult
members of the fa

·       Depth of grave
A grave shall be dug, when practicable, to a depth of one and one-half meters and after the emplacement of the
body shall be well and firmly filled. Sec. 91 (c), P.D. 856 Code of Sanitation: Graves where remains are buried shall be at
least one and one-half (1-1/2) meters deep and filled well and firmly.

·       Laws involved in:

 Persons charged with duty of burial
o Sec. 1103, Revised Administrative Code: Persons Charged with Duty of Burial: The immediate duty of
burying the body of a deceased person, regardless of the ultimate liability for the expense thereof, shall
devolve upon the persons hereinbelow specified: (a) If the deceased was a married man or woman, the
duty of burial shall devolve upon the surviving spouse if he or she possesses sufficient means to pay the
necessary expenses. (b) If the deceased was an unmarried man or woman, or a child, and left any kin,
the duty of burial shall devolve upon the nearest kin of the deceased, if they be adults and within the
Philippines and in possession of sufficient means to defray the necessary expenses. (c) If the deceased
left no spouse or kindred possessed of sufficient means to defray the necessary expenses, as provided
in the two foregoing subsection, the duty of burial shall devolve upon the municipal authorities. Any
person upon whom the duty of burying a dead body is imposed by law shall perform such duty within
forty-eight hours after death, having ability to do so.

 Right of custody of body

o Sec. 1104, Revised Administrative Code: Right of Custody to body: Any person charged by law with the
duty of burying the body of a deceased person is entitled to the custody of such body for the purpose of
burying it, except when an inquest is required by law for the purpose of determining the cause of death;
and, in case of death due to or accompanied by a dangerous communicable disease, such body shall
until buried remain in the custody of the local board of health or local health officer, or if there be no
such, then in the custody of the municipal council.
 Time within which the body shall be buried
o a. The body must be buried within forty-eight hours after death: Sec. 1092, Revised Administrative
Code: Time within which body shall be buried: Except when required for the purposes of legal
investigation or when specifically authorized by the local health authorities, no unembalmed body shall
remain unhurried longer than fortyeight hours after death; and after the lapse of such period the permit
for burial, interment, or cremation of any such body shall be void and a new permit must be obtained.
When it has been certified or is known that any person died of, or with a dangerous communicable
disease, the body of such person shall be buried within twelve hours after death, unless otherwise
directed by the local board of health or other health authority. The dead body must be buried within
forty-eight hours after death except: (1) When it is still a subject matter of legal investigation; (2) When
it is specifically authorized by the local health authorities that the body may be buried more than 48
hours after death; (3) Impliedly when the body is embalmed. If the person died of communicable
disease, the body must be buried within 12 hours unless the local health officer permits otherwise. If
the body is not buried within 48 hours after death, the permit previously issued is deemed cancelled
and there is a need of a new permit. Considering the climatic conditions in the Philippines, the time limit
provided for by law regarding burial time should be reduced to 24 hours instead of 48 hours.
Decomposition of the body in tropical countries, like the Philippines, is relatively rapid.
 Burial ground requirements
o Burial Grounds Requirements: (Sec. 90, Code of Sanitation, P.D. 856) The following requirements shall
be applied and enforced: a. It shall be unlawful for any person to bury remains in places other than
those legally authorized in conformity with the provisions of the Chapter. b. A burial ground shall at
least be 25 meters distant from any dwelling house and no house shall be constructed within the same
distance from any burial ground. c. No burial ground shall be located within 50 meters from any source
of water supply. Other Burial Requirements: The burial of remains is subject to the following
requirements: (1) Shipment of remains abroad shall be governed by the rules and regulations of the
Bureau of Quarantine. (2) The burial or remains in city or municipal grounds shall not be prohibited on
account of race, nationality, religious or political persuasion. (3) Except when required by legal
investigation or when permitted by the local health authority, no unembalmed remains shall remain
unburied longer than 48 hours after death.
 Funerals
o Art. 305, Civil Code: The duty and the right to make arrangements for the funeral of a relative shall be in
accordance with the order established for support, under article 294. In case of descendants are of the
same degree, or of brothers and sisters, the eldest shall be preferred. In case of ascendants, the
 paternal shall have a better right. The order mentioned in the article 294 is as follows: a. The spouse; b.
The descendants of the nearest degree; c. The ascendant, also of the nearest degree; d. The brothers
and sisters.
o Att. 306, Civil Code: Every funeral shall be in keeping with the social position of the deceased. Art. 307,
Civil Code: The funeral shall be in accordance with the expressed wishes of of the deceased. In the
absence of such expression, his religious belief or affiliation shall determine the funeral rites. In case of
doubt, the form of funeral shall be decided upon by the person obliged to make arrangement for the
same, after consulting the other members of the family. Art. 309, Civil Code: Any person who shows
disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the
deceased for damages, material or moral. This provision is further implemented by the Revised Penal
Code by considering it a criminal act. The funeral rite is a religious ceremony or manifestations of any
religion.
 Use of body for scientific purposes
o Use of tiie Body for Scientific Purposes: Sec. 97, P.D. 856, Code of Sanitation: Use of remains for medical
studies and scientific research: Unclaimed remains may be used by medical schools and scientific
institutions for studies and research subject to the rules and regulations prescribed by the Department.
Sec. 1107, Revised Administrative Code: Use of dead body for scientific purposes: The body of any
deceased person which is to be buried at public expense and which is unclaimed by relatives or friends
for a period of twenty-four hours after death shall be subject to the disposition of the Bureau of Health,
and, by order of the Director of Health, may be devoted to the purposes of medical science and to the
advancement and promotion of medical knowledge and information, subject to such regulations as said
Director of Health, with the approval of the Department Head, may prescribe. The regulations of the
Director of Health shall provide for the decent burial of the remains of such bodies and for defraying the
necessary expenses incident thereto. Except as herein provided, it shall be unlawful for any person to
make use of any dead body for any scientific investigation other than that of performing an autopsy.
Corpse of prisoners after judicial execution may be turned over to institution of learning or scientific
research: Art. 85, Revised Penal Code: Provisions relative to the corpse of the person executed and its
burial: Unless claimed by the family, the corpse of the culprit shall upon completion of the legal
proceedings subsequent to the execution, be turned over to the institute of learning or scientific
research first applying for it, for the purpose of study and investigation, provided that such institution
shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons shall order the
burial of the body of the culprit at government expense, granting permission to be present thereat to
the members of the family of the culprit and the friends of the latter. In no case shall the burial of the
body of a person sentenced to death be held with pomp. Sec. 98, P.D. 856, Code of Sanitation: Special
precautions for safe handling of cadavers containing radioactive isotopes: a. Cadavers containing only
traces (very small dose) of radioactive isotope do not require any special handling precautions. b.
Cadavers containing large amounts of radioactive isotopes should be labelled properly identifying the
type and amount of radioactive isotopes present and the date of its administration. c. Before autopsy is
performed, the Radiation Health Officer or his duly authorized representative should be notified for
proper advice. The pathologist and/or embalmer should be warned accordingly of the radioactivity of
the cadaver so that radiation precautions can be properly enforced. d. Normal burial procedures, rules
and regulations may be carried out on the above-mentioned cadaver provided that their amount of
radioactivity has decayed to a safe level which will be determined by the Radiation Health Officer or his
authorized representative. e. Cremation — If cremation is performed without autopsy, there is no
handling problem; otherwise, autopsy precautions should be strictly enforced. Precautions should be
taken to prevent any possible concentration of radioactivity at the base cf the stack of the crematorium.
 Exhumation
o Sec. 1082, Revised Administrative Code: Cemetery permits — It shall be unlawful to establish, maintain,
enlarge, reopen, or remove any burial ground or cemetery, or to disinter a human body or human
remains, until a permit therefor, approved by the Director of Health, shall have been obtained.
o Sec. 1095, Revised Administrative Code: Permit to disinter after three years — Treatment of remains:
Permission to disinter the bodies or remains of persons who have died of other dangerous
communicable disease, may be granted after such bodies had been buried for a period of three years;
 and, in special cases, the Director of Health may grant permission to disinter after a shorter period
when in his opinion the public health will not be endangered thereby. The body or remains of any such
deceased person, upon exhumation, shall be immediately disinfected and inclosed in a coffin, case, or
box, securely fastened, and this coffin, case, or box shall be placed in sn outside box which shall also be
securely fastened.
o Sec. 1096, Revised Administrative Code: Special permit to disinter embalmed body or to remove from
receiving vault for transfer: Special permits may be issued at any time for the disinterment or
exhumation of remains of persons, dying of other than dangerous communicable disease, that have
been properly embalmed by an undertaker or embalmer, or for the transfer or removal of bodies that
have been placed in a receiving vault awaiting transportation from the Philippines. Boxes containing the
bodies or remains shall be plainly marked so as to show the name of the deceased, place of death,
cause of death and the point to which such bodies or remains are to be shipped.
o Sec. 1097, Administrative Code: Exhumation in case of death from dangerous communicable disease:
Bodies or remains of persons who have died of any dangerous communicable disease may be exhumed
only after the lapse of five years from burial, though in special cases the Director of Health may grant a
permit to disinter after a shorter period when in his opinion the public health will not be endangered
thereby. In every such case, the body or remains, after being disinfected must be placed in a suitable
and hermetically sealed container!
o Sec. 92, Code of Sanitation — Disinterment Requirements: Disinterment of remains is subject to the
following requirements; a. Permission to disinter remains of persons who died of non-dangerous
communicable diseases may be granted after a burial period of three (3) years. b. Permission to disinter
remains of persons who died of dangerous communicable diseases may be granted after a burial period
of five (5) years. c. Disinterment of remains covered in paragraphs "a" and "b " of this Section may be
permitted within a shorter time than that prescribed in special cases, subject to the approval of the
Regional Director concerned or his duly authorized representative. d. In all cases of disinterment, the
remains shall be disinfected and placed in a durable and sealed container prior to their final disposal.
o Art. 308, Civil Code: No human remains shall be retained, interred, disposed of or exhumed without the
consent of the persons mentioned in articles 294 and 305. The persons mentioned in articles 294 are:
(1) Spouse; (2) Descendants of the nearest degree; (3) Ascendants of the nearest degree; and (4)
Brothers and sisters.
 Cemetery permit in exhumation
o Sec. 1082, Revised Administrative Code — Cemetery permits — It shall be unlawful to establish,
maintain, enlarge, reopen, or remove any burial ground or cemetery, or to disinter a human body or
human remains, until a permit therefor, approved by the Director of Health, shall have been obtained.
        o   CASE on:
             §  Philips v Montreal General Hospital
In the case of Philips v. Montreal General Hospital (33 S.C. 483; 14 R.L. 159) decided in Quebec, Canada,
it has been held that there is a right of property in human remains, at least in a limited sense. The right of possession of
a corpse is equivalent to ownership and any unlawful interference with that right is an actionable wrong.
 
DIFFERENTIATE
·       Inhumation | Burial | Funerals | Exhumation

·       Inhumation - the action or practice of burying the dead; the fact of being buried
·       Burial - the act or ceremony of putting a dead body into a grave in the ground.
·       Funeral - the ceremonies honoring a dead person.
·       Exhumation - the action of digging up something buried, especially a corpse.

 
EXPLAIN | DISCUSS
·       Time of Burial or inhumation
The body must be buried within forty-eight hours after death:
 Sec. 1092, Revised Administrative Code: Time within which body shall be buried: Except when required for the
purposes of legal investigation or when specifically authorized by the local health authorities, no unembalmed body shall
remain unhurried longer than forty-eight hours after death; and after the lapse of such period the permit for burial,
interment, or cremation of any such body shall be void and a new permit must be obtained. When it has been certified
or is known that any person died of, or with a dangerous communicable disease, the body of such person shall be buried
within twelve hours after death, unless otherwise directed by the local board of health or other health authority. The
dead body must be buried within forty-eight hours after death except: (1) When it is still a subject matter of legal
investigation; (2) When it is specifically authorized by the local health authorities that the body may be buried more than
48 hours after death; DISPOSAL OF THE DEAD BODY 221 (3) Impliedly when the body is embalmed. If the person died of
communicable disease, the body must be buried within 12 hours unless the local health officer permits otherwise. If the
body is not buried within 48 hours after death, the permit previously issued is deemed cancelled and there is a need of a
new permit. Considering the climatic conditions in the Philippines, the time limit provided for by law regarding burial
time should be reduced to 24 hours instead of 48 hours. Decomposition of the body in tropical countries, like the
Philippines, is relatively rapid.

·       Donation of Parts of Human Body

DONATION OF PART(S) OF HUMAN BODY PERMISSIONS TO USE HUMA N ORGAN S OR PORTIONS OF THE HUMA
N BOD Y FOR MEDICAL, SURGICAL, OR SCIENTIFIC PURPOSES, UNDE R CERTAIN CONDITIONS Republic Act No. 349 as
amended by Republic Act 1056 AN ACT TO LEGALIZE PERMISSIONS TO USE HUMA N ORGAN S OR AN Y PORTION OR
PORTIONS OF THE HUMA N BODY FOR MEDICAL, SURGICAL, OR SCIENTIFIC PURPOSES, UNDE R CERTAIN CONDITIONS

Sec. 1. Any person may validly grant to a licensed physician, surgeon, known scientist, or any medical or scientific
institution, including eye banks and other similar institutions, authority to detach at any time after the grantor's death
any organ, part or parts of his body and to utilize the same for medical, surgical or scientific purposes. Similar authority
may also be granted for the utilization for medical, surgical, or scientific purposes, of any organ, part or parts of the body
which, for a legitimate reason, would be detached from the body of the grantor.
Sec. 2. The authorization referred to in section one of this Act must: be in writing; specify the person or institution
granted the authorization; the organ, part or parts to be detached, the specific use or uses to which the organ, part or
parts are to be employed; and, signed by the grantor and two disinterested witnesses. If the grantor is a minor or an
incompetent person, the authorization may be executed by his guardian with the approval of the court; in default
thereof, by the legitimate father or mother, in the order named. Married women may grant the authorization referred
to in section one of this Act, without the consent of the husband. After the death of the person, authority to use human
organs or any portion or portions of the human body for medical, surgical or scientific purposes may also be granted by
his nearest relative or guardian at the time of his death or in the absence thereof, by the person or head of the hospital,
or institution having custody of the deceased. Provided, however, that the said person or head of the hospital or
institution has exerted reasonable efforts to locate the aforesaid guardian or relative. A copy of every such authorization
must be furnished the Secretary of Health.
Sec. 2-A. The provisions of sections one and two of this Act notwithstanding, it shall be illegal for any person or
any institution to detach any organ or portion of the body of a person dying of a dangerous communicable disease even
if said organ or portions of the human body shall be used for medical or scientific purposes. Any person who shall violate
the provisions of this section shall be punished with an imprisonment of not less than six months nor more than one
year. If the violation is committed by an institution, corporation or association, the director, manager, president, and/or
other officials and employees who, knowingly or through neglect, perform the act or acts resulting in said violation shall
be held criminally responsible, therefore.

Sec. 3. An authorization granted in accordance with the provisions of this Act shall bind the executors, administrators
and successors of the deceased and all members of his family.
 
ENUMERATE
·       Methods of disposal of the dead body
 Embalming
 Burial or Inhumation
 Disposing of the Dead Body in the Sea
  Cremation
 Use of the Body for Scientific Purposes
·       Who are the people authorized to sign death certificate in emergency cases?
If there has been a physician in attendance upon the deceased, it shall be the duty of the said physician to
furnish required certificate. If there has been no physician in attendance, it shall be the duty of the local health officer or
of any physician to furnish such certificate. Should no physician or medical officer be available, it shall be the duty of the
mayor, the secretary, or of a councilor of the municipality to furnish the required certificate.
·       When is cremation not granted?
Instances When Permission for Cremation Must Not Be Granted:
o a. If the deceased left a written direction that he or she must not be cremated.
o b. If the exact identity of the deceased has not yet been definitely ascertained.
o c. When the exact cause of death cannot be definitely ascertained and further inquiry or examination may be
needed

·       Persons who can grant permission to detach part or parts of human body (before and after death) for medical,
surgical, and scientific purposes
Persons who can grant permission to detach, after death, human organs or part or parts of the human body for
medical, surgical and other scientific purpose:
a. Before Death:
(1) By the deceased during his lifetime.
(2) If the deceased is a minor or incompetent, permission may be executed by the guardian with the approval of the
court or by the legitimate father or mother. A married woman may give consent without the consent of the husband.

b. After Death:
(1) The nearest relative.
(2) In the absence of the nearest relative, permission may be given by the head of the hospital or institution having
custody of the deceased. Persons permitted to detach human organs, or parts of the human body for medical, surgical
and other scientific use: a. Licensed physicians and surgeons. b. Known scientists. c. Medical or scientific institutions
including eye-banks.