VIII

DISPOSAL OF DEAD BODY

Methods of Disposal:
1. Embalming
- Injection of 1.5 to 2 liters of formalin, perchloride of mercury or arsenic into the
carotids or femoral vessels
- Alcohol may be added to minimize the strong odor brought about by formalin
- Glycerine may be added to minimize the evaporation of water from the body, also
Vaseline or plaster de paris may be coated over the skin to prevent evaporation
- Abdominal and thoracic organs may be soaked in antiseptic solution to prolong
preservation of the body.

2. Burial or Inhumation
- Body must be buried within 48 hours after death, except:
a. It is still subject of legal investigation
b. It is specifically authorized by local health authority
c. When the body is embalmed
d. Body with large amounts of radioactivity (decayed to safe level first before burial)
- When the cause of death is a dangerous communicable disease, the remains should be
buried within 12 hours after death; it shall not be taken to a place of public assembly,
only adult members of the immediate family of the deceased, his nearest friends can
attend to his burial
- Grave should be dug to a depth of 1.5 meters
- Burial grounds shall be at least 25 meters distant from any dwelling house and 50
meters away from any water source
- In case of unclaimed body after 24 hours and subject to the disposition of the Dept. of
Health by order of the Secretary of Health, the cadaver may be turned over to an
institute of learning or scientific research. Such institution shall take charge of the
burial of the remains. Unclaimed body may be buried at public expense also.

3. Disposing at Sea
- May be done provided the person did not die of any dangerous communicable disease
4. Cremation
- Pulverization of the body into ashes by the application of heat
- Body must be first identified prior to cremation
- It usually requires 4 hours to transform the body to ashes
- Not performed in the following instances
o Written direction of the deceased not to be cremated
o Exact identity of the body is not definitely ascertained
o Exact cause of death cannot be ascertained
5. Disposal for Scientific Purposes
- For unclaimed remains for a period of 24 hours after death subject to the disposition
of the Dept. of Health and by the order of the Secretary of Health
- Unclaimed body of executed prisoners
- The recipient institution shall take charge of the decent burial of the remains
Persons charged with the duty of burial:
1. Surviving spouse
2. Nearest kin (descendants; ascendants; brothers/ sisters)
3. Executor in a will
4. Municipal / local authorities

Right of Custody
- Over a dead body is given to any person charged by law
- Means possession (the holding of a thing or enjoyment of a right); possession may
mean two things: either ownership or the holder of a thing keeping it while ownership
belongs to another
- In the case of a dead body, right of custody does not mean ownership; the possessor
cannot exercise full rights of ownership
- Crime of theft or robbery cannot be committed on things which have no owner

Certificate of Death
- Except in emergency cases, no dead body shall be buried without a certificate of
death
- Issued by (in order of priority): attending physician
Local health physician
Any physician
(municipal mayor)
(municipal secretary)
(councilor)

Cadavers containing Radioactive Isotopes:

- No special handling precautions for cadavers containing traces of radioactive isotopes
- For cadavers containing large amounts of radioactive isotopes:
a. Label properly
b. Identify type and amount of radioisotope present
c. Label date of administration of isotope
- Normal burial procedures are carried out provided the amount of radioactivity has
decayed to safe level which will be determined by Radiation Health Officer
- If cremated, no handling precautions necessary

Donation of Human Body Parts.

- Organ Donation Act of 1991 (RA No. 349 as amended by RA 1056), passed during
the administration of Pres. Corazon Aquino.
- Legalizes permission to use human organs or portions of the human body for medical,
surgical or scientific purposes.
- Who may execute a legacy or donation of an organ for transplant?
a) any individual at least 18 years of age and of sound mind. For minors, ones
donation must be accompanied by a signed consent of the parents.
b) may be made by the next-of-kin immediately before or after the death of the
person concerned.
- In what form can the legacy or donation be legally made?
a) by will
b) by donor card; or
c) by any document
Any legacy shall be binding upon ones heirs or successors-in-interest,
administrators or executors of the will. If there be actual notice of contrary
intentions by the decedent or actual notice of opposition by a member of the
immediate family, in the latter case, the decision of the next-of-kin is given
priority.
It remains effective even if the will is subsequently rendered null and void as
regards other provisions.
Delivery of the document to the legatee or donee is not necessary for effectivity.
- Authorization must:
a) specify the person or institution granted the authorization.
b) specify the organ or part to be detached.
c) specify the use to which the organ or part be employed.
d) be signed by the grantor and two disinterested witnesses.
- if grantor is a minor or incompetent person, authorization may be granted
by ones guardian with court approval or by legitimate father or mother.
- married women may grant authorization without the consent of the
husband.
- in the absence of relatives, authorization may be granted by the head of
hospital or institution having custody of the deceased, provided,
reasonable efforts has been made within 48 hours to locate the nearest
relatives through media such as radio, television and newspaper.
- Is there any civil or criminal liability incurred if the wish of the testator or donor
is not followed?
Any person in good faith who carries out the legacy or donation shall be exempt
from both civil and criminal liability. If the will was deliberately disobeyed or
ignored with obvious malice or ill-intent, there may be some liability attached.

- What are some of the precautions taken to avoid abuse and wastage?
a.Hospital must be authorized to receive organ donation or to conduct
transplantation
b.There must be proper training of qualified personnel in the handling of
the organ donation program and in the solicitation of donations as well
as in the implementation of procedures
c.If the legatee is a physician, he shall not participate in the procedure for
removing or transplanting the organ.
d.Death must be pronounced by a qualified physician neither of whom
shall be:
1.A member of the transplantation team
2.The attending doctor
3.Head of the hospital or designated officer who authorized the
removal of the organ.
 - It shall be illegal to detach any organ or portion of the body of a person dying of a
dangerous communicable disease even if such organ or parts shall be used for
medical or scientific purposes.

Exhumation
- Formal request from any law enforcement agency making an investigation; request
must mention name of the deceased, place of interment, date of interment, cause of
death, etc.
- May be done upon legal order from the provincial or city fiscal, the court, or any
authority vested to investigate.
- Permit should be granted by the Secretary of Health
- Consent of the spouse, descendants, ascendants, brothers or sisters
- Remains of persons who died of non-communicable disease may be disinter when
such bodies had been buried for 3 years; for any dangerous communicable disease,
after a lapse of 5 years
- If the dead body is subject of criminal investigation, it may be exhumed anytime.