The sanctity of the dead and the protection of private property are deeply ingrained in Philippine law and culture. When human remains are buried on private land without the owner's consent or in violation of public health regulations, it creates a complex legal situation involving criminal, civil, and administrative liabilities.

1. Legal Framework and Governing Laws

The primary laws governing the disposal of dead bodies and the protection of property rights in the Philippines include:

The Code on Sanitation of the Philippines (Presidential Decree No. 856): Specifically Chapter XVIII, which dictates the strict requirements for burial, cremation, and the establishment of burial grounds.
The Revised Penal Code (RPC): Particularly provisions regarding trespassing and the desecration of graves (though usually applied to established cemeteries).
The Civil Code of the Philippines: Concerning property rights, nuisance, and moral damages.
Local Government Ordinances: Most municipalities have specific zoning and health ordinances regarding where burials can lawfully take place.

2. Violations of the Sanitation Code

Under P.D. 856, no person is allowed to bury remains in any place other than a cemetery authorized by law. The Department of Health (DOH) regulates the distance of burial sites from water sources and residential areas.

Unauthorized Burial Sites: A private lot is not a "cemetery" unless it has been granted a specific permit and complies with zoning laws.
Penalty: Violation of the Sanitation Code is a criminal offense. Section 103 provides for imprisonment or fines (though the amounts are often outdated, the criminal record is significant).

3. Civil Liability and Property Rights

The owner of the private land where an unauthorized burial occurred has several avenues for redress under the Civil Code:

Abatement of Nuisance: An unauthorized grave on private property can be considered a "nuisance per se" because it endangers health or interferes with the use of the property. The owner can seek a court order for the removal of the remains.
Action for Damages (Article 2176): The landowner can sue for actual damages (costs of relocation/exhumation), moral damages (mental anguish), and exemplary damages (to set a public example).
Injunction: If a burial is being threatened but has not yet occurred, the owner can file for a Temporary Restraining Order (TRO) to prevent it.

4. Criminal Charges to Consider

While there isn't a single "unauthorized burial" law in the RPC, several charges can be filed depending on how the burial was conducted:

Trespass to Dwelling (Article 280, RPC): If the offenders entered a fenced estate or a home's premises without permission to perform the burial.
Grave Scandal (Article 200, RPC): If the burial was done in a way that causes public offense or outrages the sense of decency of the community.
Violation of P.D. 856: As mentioned, this is the most direct criminal charge related to the act of burial itself.

5. The Process of Exhumation and Relocation

In the Philippines, you cannot simply dig up human remains, even if they are on your own land. Doing so without legal authority could lead to charges of Interruption of Religious Worship (if a rite was performed) or violations of health laws.

Permit Requirement: Exhumation requires a permit from the local City or Municipal Health Officer.
Legal Order: If the parties who buried the body refuse to move it, a court order for Exhumation and Transfer is necessary. This order will typically command the local health authorities to supervise the removal to a legitimate cemetery at the expense of the offenders.

6. Steps for the Landowner

If an unauthorized burial is discovered, the landowner should follow these steps:

Police Blotter: Immediately report the incident to the local police (PNP) to document the trespassing and the unauthorized act.
Coordinate with the Barangay: Obtain a certification from the Barangay Captain regarding the incident.
Health Office Inspection: Contact the Municipal Health Office to report a violation of the Sanitation Code. They can issue a formal notice to the responsible parties.
Demand Letter: Have a lawyer send a formal demand for the responsible parties to exhume and transfer the remains within a specific timeframe.
File a Petition in Court: If the demand is ignored, file a civil case for "Abatement of Nuisance and Damages" with a prayer for a mandatory injunction to remove the remains.

Summary Table

Legal Issue	Applicable Law	Remedy/Penalty
Sanitation Violation	P.D. 856 (Sanitation Code)	Fine or Imprisonment
Illegal Entry	Revised Penal Code (Trespass)	Criminal Prosecution
Interference with Property	Civil Code (Nuisance)	Court Order for Removal
Emotional Distress	Civil Code (Moral Damages)	Monetary Compensation