Article 109Supplement v1, p. 109

COMMERCIAL LAWS SUPPLEMENT

family of the deceased may be permitted to attend the

funeral.

SECTION

92.

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 years.

b.

Permission to disinter remains of person who died of

dangerous communicable diseases may be granted after

a burial period of five 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 places in a durable and sealed container

prior to their final disposal.

SECTION 93. Funeral and Embalming Establishments . —

These

establishments

are

subject

to

the

following

requirements:

a.

Scope of inclusion — for the purposes of this Section,

requirements prescribed herein shall be applied and

enforced to funeral chapels, embalming establishments

and morgues.

b. Sanitary permit — No establishment mentioned in the

preceding paragraph shall be operated without a sanitary

permit issued by the Secretary or his duly authorized

representative. This permit shall be revoked in case of any

violation of the provisions of this Chapter and the rules

and regulations promulgated by the Secretary.

c.

Classification

—

Funeral

establishment

shall

be

classified in three (3) categories which are described as

follows:

1.

Category

I

—

Establishments with chapels, and

embalming facilities and offering funeral services.

2.

Category II — Establishments with chapels and

offering funeral services but without embalming facilities.

3.

Category III — Establishments offering only funeral

services from the house of the deceased to the burial

ground.

d. Sanitary requirements —

For funeral chapels — The requirements prescribed for

places of public assembly in this Code shall be applied.

For embalming and dressing rooms —

1.

They

should

be

constructed

of

concrete

or

semi-concrete

materials

with

sufficient

space

to

accommodate five bodies at one time.

2. The floors and walls shall be made of concrete or other

durable impervious materials.

3.

Ventilation

and

lighting

should

be

adequately

provided.

4.

Embalming shall be performed on a table made of a

single marble slab or other equally impervious materials.

It shall be so constructed that all washings and body

fluids shall flow to a drain connected to the waste piping

system of the building.

5.

Embalming and assistants shall use rubber gloves

when working.

6.

Washing

facilities

with

soaps,

detergents

and

germicidal solutions shall be provided for use of the

following personnel.

SECTION 94.

Licensing and Registration Procedures . —

The

licensing

and

registration

of

undertakers

and

embalmers are subject to the following requirements:

a. Issuance of license to practice —

1.

Any person who desires to practice undertaking or

embalming

shall

be

licensed

to

practice

only after

passing an examination conducted by the Department.

2.

Licensed undertakers or embalmers shall practice

undertaking

or

embalming

in

accordance

with

requirements prescribed by the Department.

3. Licensed undertakers or embalmers shall display their

licenses conspicuously in the establishments where they

work.

b. Issuance of certificates of registration —

1.

An undertaker or embalmer shall apply annually for a

registration certificates and pay an annual registration

fee of twenty-five pesos to the Regional Health Office

concerned.

2.

The first registration certificate issued shall cover the

period from the date of issuance to the last day of the

current year. Subsequent certificates shall bear the date

of

January

1

of

the

year

of issue and shall expire

December 31 of the same year.

3.

Certificates

of

registration

shall

be

posed

conspicuously in establishments concerned.

c. Exemption — Government and private physicians may

perform embalming without license and registration

certificates as exigencies require.

SECTION 95. Autopsy and Dissection of Remains . — The

autopsy and dissection of remains are subject to the

following requirements:

a. Person authorized to perform these are:

1. Health officers;

2. Medical officers of law enforcement agencies; and

3. Members of the medical staff of accredited hospitals.

b. Autopsies shall be performed in the following cases:

1. Whenever required by special laws;

2.

Upon orders of a competent court, a mayor and a

provincial or city fiscal;

3. Upon written request of police authorities;

4. Whenever the Solicitor General, provincial or city fiscal

as authorized by existing laws, shall deem it necessary to

disinter and take possession of remains for examination

to determine the cause of death; and

5.

Whenever the nearest kin shall request in writing the

authorities concerned to ascertain the cause of death.

c.

Autopsies may be performed on patients who die in

accredited

hospitals

subject

to

the

following

requirements:

1. The Director of the hospital shall notify the next of kin

of the death of the deceased and request permission to

perform an autopsy.

2.

Autopsy can be performed when the permission is

granted or no objection is raised to such autopsy within

48 hours after death.

3.

In cases where the deceased has no next of kin, the

permission

shall

be

secured

from

the

local

health

authority.

4. Burial of remains after autopsy — After an autopsy, the

remains

shall

be

interred

in

accordance

with

the

provisions in this Chapter.

SECTION 96.

Donation of Human Organs for Medical,

Surgical and Scientific purposes . — Any person may

donate an organ or any part of his body to a person, a

physician, a scientist, a hospital or a scientific institution

upon

his

death

for transplant, medical, or research

purposes subject to the following requirements:

a.

The donation shall be authorized in writing by the

donor specifying the recipient, the organ or part of his

body to be donated and the specific purpose for which it

will be utilized.

© Compiled by RGL

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