EXPLAINER: What is the Free Funeral Services Act?

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Did you know that the government is mandated by law to provide free funeral services to poor Filipinos who cannot afford a decent burial for their loved ones?

On September 28, 2025, Republic Act No. 12309, or the “Free Funeral Services Act,” lapsed into law after remaining unacted upon for 30 days without the signature of President Ferdinand Marcos Jr.

This law institutionalized the Department of Social Welfare and Development’s (DSWD) funeral assistance initiative through its Aid to Individuals in Crisis Situation (AICS) program.

Under RA 12309, free funeral services must be extended to families in crisis situations, as determined by the DSWD, including indigent families, those affected by calamities or disasters, and individuals facing emergency circumstances that prevent them from affording dignified burial services.

How does the law grant its beneficiaries a decent funeral?

Beneficiary

According to the Free Funeral Services Act, the service is provided to “poor families per death of a family member.”

The law defines “poor families” as those whose income falls below the poverty threshold as defined by the Department of Economy, Planning, and Development.

This classification also includes those unable to meet basic needs, such as food, health, education, and housing, as defined under the Social Reform and Poverty Alleviation Act.

For 2025, the poverty threshold was set at a national average of P14,634 per month, up from P13,873 in 2023. Meaning, this figure represents the minimum income required for a family to meet its basic food and non-food needs.

Under this 2025 threshold, a family whose monthly income falls below the threshold is considered poor.

How to avail the assistance?

Free funeral services may be obtained from accredited funeral establishments nationwide that offer a standardized indigent funeral package.

“Free funeral services shall be provided to poor families per death of a family member by accredited funeral establishment anywhere in the country,” the law said.

Funeral establishments refer to licensed businesses that provide services such as funeral parlors, chapels, and similar facilities used for preparing, transporting, storing, and caring for the deceased prior to burial or cremation.

The free funeral package covers the preparation of funeral documents, embalming, burial, cremation, inurnment, transportation, and the provision of a casket or urn.

To avail of the indigent funeral package, under the law, the bereaved family or an authorized representative must present the following requirements:

• Valid identification card of the claimant or beneficiary;
• Death certificate issued by the hospital or city/municipal health office, or certification from the tribal chieftain;
• Funeral contract signed by the representative of the deceased's family, the funeral establishment, and an authorized DSWD personnel; and
• Social care study prepared by any registered social worker

At present, the DSWD also requires additional documents depending on the specific services requested. Further details are available through the DSWD AICS Funeral Assistance Portal.

Upon the approval of the DSWD Regional Director, the agency pays the funeral establishment for the indigent package rendered to the beneficiary.

“The payment will be based on the stipulations of the signed contract between the representative of the deceased's family, the funeral establishment, and the authorized DSWD personnel,” the law notes.

Penalties for violations

Funeral establishments that refuse to provide free funeral services face a maximum fine of P400,000, alongside the revocation of their operating license.

Meanwhile, individuals who fraudulently avail of the free funeral service face up to six months of imprisonment and a maximum fine of P500,000.

Data from the DSWD show that from 2014 to September 2025, the agency extended burial assistance to families of 1,439,160 individuals, releasing a total of P10.9 million through the AICS program. —LDF, GMA News