Councilor seeks to penalize ’no pay, no burial service’

CEBU, Philippines — Cebu City Councilor Rey Gealon has proposed an ordinance prohibiting establishments engaged in rendering funeral, burial or interment, cremation, memorial and other allied services from withholding their services on the ground of nonpayment of fees and other expenses.

The proposed measure was referred to the Committee on Laws, Ordinances, and Styling for review.

“It shall be unlawful for any establishment engaged in rendering funeral, burial or interment, cremation, memorial, and other allied services to refuse or to deny to render their services to bereaved families who have engaged their services but failed to settle their balance, bill or other payables when the refusal or denial would result in the delay of the burial or cremation of dead persons,” Section 1 read.

Section 2 provides that the establishments covered under the preceding section shall complete the rendition of their services to ensure the burial or cremation of dead persons in accordance with sanitary regulations upon the execution of a promissory note covering the unpaid obligation.

The promissory note shall be secured by either a mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with the bereaved family or next of kin of the deceased for the unpaid obligation.

Any officer or employee of the establishments covered who fail or refuse to comply with the mandate of the ordinance shall be liable to six months imprisonment but not to exceed one year and a fine of P5,000, subject to the discretion of the Court.

In addition, for the establishments whose management shall refuse or fail to comply, their business permit and sanitary permit issued by the City of Cebu shall be suspended for a period of three months for the first violation, six months for the second violation, and cancellation or revocation for third violation.

The proposed ordinance states that the cost of dying falls heavily on bereaved families who

have to shoulder the expense for the embalming, cremation, burial, interment, and funeral and other memorial services of their departed loved ones.

The burial of dead persons is regulated by law as declared in Presidential Decree 856 or the Code of Sanitation of the Philippines and the business of funeral establishments is subject to the regulatory and police power of the State.

It is the policy of the State as provided in Section 1, Article XIII of the 1987 Constitution to give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. —JMD (FREEMAN)