September 2008 - Philippine Supreme Court Resolutions
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[G.R. 175130 : September 08, 2008] ELISEO CARUNGAY V. PEOPLE OF PHILIPPINES :
[G.R. 175130 : September 08, 2008]
ELISEO CARUNGAY V. PEOPLE OF PHILIPPINES
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 08 September 2008:
"G.R. 175130 (Eliseo Carungay v. People of Philippines).- In his compliance dated 7 September 2007, counsel for petitioner submitted a certified true copy of petitioner's Death Certificate, explaining that a death certificate issued by the Office of the Civil Registrar could not be secured because the hospital where the petitioner expired had allegedly refused to release the original copy of the death certificate until full payment of petitioner's hospital bills. Consequently, no death certificate has been registered with the Office of the Civil Registry.
The Court RESOLVES to REQUIRE counsel for petitioner to make representations with the hospital to submit the original death certificate to the Office of the Local Civil Registrar in accordance with Sections 6 and 17 of Republic Act No. 3752 (law on Registry of Civil Status) which reads:
"G.R. 175130 (Eliseo Carungay v. People of Philippines).- In his compliance dated 7 September 2007, counsel for petitioner submitted a certified true copy of petitioner's Death Certificate, explaining that a death certificate issued by the Office of the Civil Registrar could not be secured because the hospital where the petitioner expired had allegedly refused to release the original copy of the death certificate until full payment of petitioner's hospital bills. Consequently, no death certificate has been registered with the Office of the Civil Registry.
The Court RESOLVES to REQUIRE counsel for petitioner to make representations with the hospital to submit the original death certificate to the Office of the Local Civil Registrar in accordance with Sections 6 and 17 of Republic Act No. 3752 (law on Registry of Civil Status) which reads:
Sec. 6. Death certificate and register. � No human body shall be buried unless the proper death certificate has been presented and recorded in the office of the local civil registrar. The physician who attended the deceased or, in his default the health officer concerned, or in default of the latter, any member of the family of the deceased or any person having knowledge of the death, shall report the same to the local health authorities, who shall issue a death certificate and shall order the same to be recorded in the office of the local civil registrar. The death certificate, which shall be issued by the attending physician of the deceased or, in his default, by the proper health officer, shall contain the following data be furnished by the person reporting the death:Counsel is also REQUIRED to report on the matter within twenty (20) days from receipt of this resolution.
(a) date and place of death;
(b) full name;
(c) age;
(d) sex;
(e) occupation or profession;
(f) residence;
(g) status as regards marriage;
(h) nationality of the deceased; and
(i) probable cause of death.
During epidemics, bodies may be buried provided the proper death certificates have been secured, which shall be registered not later than five days after the burial of the body.
Sec. 17. Failure to report. � Other violations. mdash Any person whose duty is to report any fact concerning the civil status of persons and who knowingly fails to perform such duty, and any person convicted of having violated any of the provisions of this Act shall be punished by a fine of not less than ten pesos nor more than two hundred.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court