Article 108Supplement v1, p. 108

COMMERCIAL LAWS SUPPLEMENT

10.

Any manufacturing process in which lead, arsenic,

mercury, phosphorous, or other poisonous substance is

used.

SECTION 85.

Types of Nuisances — For the purpose of

this Chapter, the following shall be considered nuisances:

a.

Public or private premises maintained and used in a

manner injurious to health;

b. Breeding places and harborages of vermin;

c.

Animals and their carcasses which are injurious to

health;

d. Accumulation of refuse;

e. Noxious matter or waste water discharged improperly

in streets;

f. Animals stockage maintained in a manner injurious to

health;

g. Excessive noise; and

h. Illegal shanties in public or private properties.

SECTION 86.

Responsibilities of Owners, Managers or

Operators . — The Owners, managers or operators of

establishments shall:

a.

Secure a sanitary permit from the local health

authority

before

establishing

and

operating

their

business or trade;

b. Remove daily all injurious by-products and wastes;

c.

Prevent the escape of industrial impurities and adopt

methods to render them innocuous;

d.

Maintain working establishments and their premises

clean and sanitary at all times;

e.

Store all materials properly to prevent emission of

noxious or injurious effluvia.

CHAPTER XX Pollution of the Environment

SECTION 87.

General Provisions . — For the purpose of

this Chapter, the provisions of Republic Act No. 3931 , the

rules and regulations of the National Water and Air

Pollution

Control

Commission

promulgated

in

accordance with the provisions of Section 6(a) 2 of the

said Act, the provisions of Presidential Decree No. 480,

and the rules and regulations of the Radiation Health

Office of the Department of Health shall be applied and

enforced.

SECTION 88. Authority of the Secretary . — The Secretary

is authorized to promulgate rules and regulations for the

control and prevention of the following types of pollution:

a. Pollution of pesticides and heavy metals;

b.

Pollution of food caused by chemicals, biological

agents, radioactive materials, and excessive or improper

use of food additives;

c.

Non-ionizing radiation caused by electronic products

such as laser beams or microwaves;

d.

Noise pollution caused by industry, land and air

transport and building construction;

e. Biological pollutants including the causative agents of

intestinal infections;

f.

Pollution of agricultural products through the use of

chemical fertilizers and plant pesticides containing toxic

chemical

substances

and

unsanitary

agricultural

practices; and

g. Any other type of pollution which is not covered by the

provisions of Republic Act 3931 , the Rules and Regulations

of

the

National

Water

and

Air

Pollution

Control

Commission, the provisions of Presidential Decree No.

480 and the rules and regulations of the Radiation Health

Office of the Department of Health which is likely to

affect community Health adversely.

CHAPTER XXI Disposal of Dead Persons

SECTION 89.

Definition . — As used in this Chapter, the

following terms shall mean:

a.

Burial grounds — cemetery, memorial park of any

place duly authorized by law for permanent disposal of

the dead.

b. Embalming — preparing, disinfecting and preserving a

dead body for its final disposal.

c. Embalmer — a person who practices embalming.

d. Undertaking — the care, transport and disposal of the

body of a deceased person by any means other than

embalming.

e. Undertaker — person who practices undertaking.

f.

Funeral establishment — any place used in the

preparation and care of the body of a deceased person for

burial.

g. Remains — the body of a dead person.

h. Burial — Interment of remains in a grave, tomb or the

sea.

i. Disinterment — the removal or exhumation of remains

from places of interment.

SECTION

90.

Burial Grounds Requirements . — 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 this 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 either side of a river or within 50 meters from any

source of water supply.

SECTION

91.

Burial Requirements . — The burial of

remains is subject to the following requirements:

a. No remains shall be buried without a death certificate.

This certificate shall be issued by the attending physician.

If there has been no physician in attendance, it shall be

issued by the mayor, the secretary of the municipal

board, or a councilor of the municipality where the death

occurred. The death certificate shall be forwarded to the

local civil register within 48 hours after death.

b. Shipment of remains abroad shall be governed by the

rules and regulations of the Bureau of Quarantine.

c. Graves where remains are buried shall be at least one

and one-half meters deep and filled well and firmly.

d.

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.

e.

The burial of remains in city or municipal burial

grounds shall not be prohibited on account of race,

nationality, religion or political persuasion.

f. If the person who issues a death certificate has reasons

to believe or suspect that the cause of death was due to

violence or crime, he shall notify immediately the local

authorities concerned. In this case the deceased shall not

be

buried

until

a

permission

is obtained from the

provincial or city fiscal. If these officials are not available

the permission shall be obtained from any government

official authorized by law.

g.

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.

h.

When

the

cause

of

death

is

a

dangerous

communicable

disease,

the

remains shall be buried

within 12 hours after death. They shall not be taken to any

place of public assembly. Only the adult members of the

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