Republic Act No. 12160 - The Philippine Islamic Burial Act

The Republic Act No. 12160 aims to ensure that the burial rights of Filipino Muslims are respected and that the deceased are buried promptly according to Islamic rites. The Act includes provisions for timely burial, proper reporting and certification of death, and penalties for non-compliance. It also outlines the responsibilities of various entities in facilitating the burial process and ensures that financial disputes do not delay the release of the deceased.

Overview

This Act, known as the "Philippine Islamic Burial Act," was passed to recognize and respect the rights of Filipino Muslims to bury their dead according to Islamic customs and beliefs. It mandates that the burial of Muslim deceased must be carried out promptly and in accordance with Islamic rites.

Declaration of Policy

The State acknowledges the importance of respecting the religious customs and beliefs of Filipino Muslims, particularly the requirement to bury their dead before the next call to prayer. The Act aims to ensure that the proper and immediate burial of Muslim bodies is observed.

Immediate Burial and Registration of Death

• Burial Timing: Muslim cadavers must be buried as soon as possible, with or without a death certificate.
• Death Reporting: The death must be reported within fourteen days after the burial by the person who performed the burial rites or the next of kin to the local health officer. If no forensic interest exists, the death certificate is prepared by the local health officer or the City or Municipal Mayor.
• Forensic Interest: If forensic interest exists, the family of the deceased must be informed before any examination by law enforcement authorities.

Release and Shipment of Muslim Cadavers

• Release Timeframe: Muslim cadavers must be released within twenty-four hours by hospitals, medical clinics, funeral parlors, morgues, custodial and prison facilities, or other similar facilities.
• Cadaver Preparation: The cadaver must be wrapped in white cloth and placed in an airtight, leak-proof bag or wooden box.
• Non-Payment: Non-payment of hospital bills, medical expenses, professional fees, or other charges cannot be a reason to withhold the release and shipment of the cadaver. The concerned party may execute a promissory note or agree to another payment scheme.

Full copy of Republic Act No. 12160 can be viewed below:

Penalties

• Individuals: Any person or entity that withholds or causes the withholding of Muslim cadavers due to non-payment or other unjustifiable reasons shall be punished by imprisonment of not less than one month but not more than six months, or a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00), or both, at the discretion of the court.
• Juridical Entities: If the offender is a corporation, partnership, association, agency, or other juridical entity, the penalty shall be imposed on the officer or representative responsible for the violation.

Implementing Rules and Regulations

The Department of Health and the National Commission for Muslim Filipinos are tasked with promulgating the necessary rules and regulations for the effective implementation of this Act within one hundred twenty days from its effectivity.

Repealing Clause

All laws, rules, regulations, presidential decrees, and other issuances inconsistent with any of the provisions of this Act are deemed repealed or amended accordingly.

Effectivity

The Act takes effect fifteen days after its publication in the Official Gazette or in a newspaper of general circulation.

Approval and Signatures

The Act was approved on April 11, 2026, by President Ferdinand Romualdez Marcos Jr., with signatures from the President of the Senate, Speaker of the House of Representatives, and other officials.