Marcos signs law mandating immediate burial of Filipino Muslims in accordance with Islamic rites
The new law affirms the State's recognition of the right of Filipino Muslims to lay their dead to rest promptly—specifically, before the next call to prayer—as mandated by Islamic customs.
'To this end, the State shall require that proper and immediate burial of the bodies of dead Muslims must be observed in accordance with Islamic rites,' the law states.
Under Section 3 of RA 12160, Muslim burials must take place as soon as possible—even without a death certificate at the time. However, the individual who conducted the burial or a next of kin must report the death within 30 days to the local health officer, who will then issue the death certificate and determine the cause of death.
In the absence of a health officer or their representative, the death must be reported to the Office of the Mayor, which will then facilitate the issuance of the certificate—unless there is forensic interest in the remains. In such cases, the family must first be informed before any examination by law enforcement can proceed.
The law also requires that the certificate be submitted to the local civil registrar within 30 days for registration.
To uphold this right, hospitals, clinics, funeral homes, morgues, detention centers, and similar facilities are now mandated to release Muslim cadavers within 24 hours for burial in accordance with Islamic practices. The body must be wrapped in white cloth, placed in a leak-proof bag or wooden box, and properly sealed.
Importantly, institutions are prohibited from withholding the release of a cadaver due to unpaid hospital bills or other related fees. The family may instead issue a promissory note or agree to a payment arrangement.
Violators—individuals or institutions—who delay or refuse the release of Muslim cadavers for unjustifiable reasons, including non-payment of dues, face penalties ranging from one to six months in jail, fines of ₱50,000 to ₱100,000, or both. If the violator is a corporation or similar entity, the responsible officers will be held accountable.
Senator Robin Padilla, who sponsored the measure in the Senate, hailed the enactment of the law as a 'triumph for Muslims,' calling it a simple yet meaningful step forward in respecting Islamic customs in the country.
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