Professional Documents
Culture Documents
Province of Bukidnon
CITY OF MALAYBALAY
* * *
Office of the Sangguniang Panlungsod
EXCERPT FROM THE MINUTES OF THE 29TH REGULAR SESSION OF THE THIRD
SANGGUNIANG PANLUNGSOD OF THE CITY OF MALAYBALAY, BUKIDNON, HELD AT THE
SP SESSION HALL ON AUGUST 9, 2005.
PRESENT: Hon. City Councilor Manuel L. Dinlayan, Temporary Presiding Officer
Hon. City Councilor Aurora F. Deticio
Hon. City Councilor Amado C. Estrada
Hon. City Councilor Provo B. Antipasado, Jr.
Hon. City Councilor Conrado M. Barroso
Hon. City Councilor Amador O. Melendez, Temporary Presiding Officer
Hon. City Councilor Melchor P. Maramara
Hon. City Councilor Clarita C. Carbajal
Hon. City Councilor Rhea Vyel C. Maskario
ABSENT : Hon. City Vice Mayor Ignacio W. Zubiri (Official Business)
Hon. City Councilor Jaime P. Gellor, Jr. (Official Business)
Hon. City Councilor Bob Roberto T. Casanova (Official Business)
Hon. City Councilor Elecita N. Bargola (On Leave)
---------------------------EXPLANATORY NOTE
Sponsored by Hon. Melchor P. Maramara
Co-Sponsored by Hon. Conrado M. Barroso
The existing Public Cemetery at Barangay 7, Malaybalay City is already full and can
no longer accommodate new burials. On the other hand, the Malaybalay Catholic
Cemetery located at the same address is full and only allows burials on the side if there
is a niche to be replaced. Beginning June 2005, the Diocese of Malaybalay plans to rearrange burials so as to maximize the use of the Catholic Cemetery for future burials and
further request of the relatives of those buried ten years and above to transfer the
remains to bone ossuaries or other cemeteries at their discretion. However, this scheme
cannot accommodate the requests for burials at the said cemetery.
In this regard, the City of Malaybalay is in dire need of establishing a Cemetery or a
Memorial Park that can address this problem. Please note that we are running out of time
and we have to double up our effort for this end.
Thus; the AD-HOC Committee formed by the Chief Executive finally came up with this
Ordinance.
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Section
VI.
DESIGN
STANDARDS
AND
GUIDELINES
FOR
MEMORIAL
PARKS/CEMETERIES. Cemeteries or memorial parks shall conform with the land use
plan or zoning ordinance of the city government of Malaybalay, the pertinent
provisions of the Sanitation Code, Water Code, Applicable laws and rules affecting
related services and the following design standards:
1. General Provisions
A.) Site Criteria Cemeteries or memorial parks shall be located on the periphery of
the barangay or areas when it is sparsely inhabited* and where little hazard to
human life or health could result.
A.1.) Location
- Areas zoned for cemetery purposes
- Areas zoned as agricultural, provided, however, that the site is not
tenanted, and not covered by operation land transfer and not located in
areas covered by Comprehensive Agrarian Reform Program (CARP)
- Land not irrigated as certified by the National Irrigation Administration (NIA).
- It must be located on ground where the water table is not higher than four
and twenty-five (4.25) meters below the ground surface as certified by the
National Water Resources Board (NWRB).
A.2.) The site must be accessible by a road with a minimum width or right-ofway of not less than eight (8) meters.
B.) Design and Planning Considerations.
B.1.) Cemetery/memorial Parks must achieve flexibility in design and orderly
lay-out to respond to the various spatial requirements of burial and at
the same time for economic land use and environmental control.
B.2.) Land shall be judiciously allocated for various requirements and
amenities.
B.3.) Suitable areas shall be allocated for the planting of trees, shrubs, plants
and for other functional and decorative elements such as monuments,
sculptures, fountains and benches.
C.) Land Allocation.
Memorial parks/cemeteries should reserve areas for roads, pathways, parking
and other facilities and amenities. At least fifty (50%) percent of the saleable area
shall be utilized for underground interment in order to retain park-like character of
the project.
Section VII. PROCEDURE. The City Engineers Office plans for the whole public
cemetery scheme, make the program of works and cost estimates for the whole
construction of the said public cemetery. This project is subject to the approval of the
City Engineer, the City Health Officer and the Sangguniang Panlungsod. Monuments,
sepulchers, tombs, mausoleums, vaults, niches, chapels and fences may be duly
constructed on the premises solely by the management of the City Economic
Enterprise Development & Management Office (CEEDMO) per contact agreed upon by
both the buying party and the City.
Section VIII. DECLARATION OF POLICY.
A. COVERAGE. The provisions of this section shall apply to all unsold,
undisposed grave lots in the duly assigned Malaybalay City Memorial Parks and
Future Public Cemeteries and all those that may hereafter be acquired by the City of
Malaybalay.
B. ADMINISTRATION OF THE MALAYBALAY CITY MEMORIAL PARK AND FUTURE
PUBLIC CEMETERIES. The administration, operation and maintenance of all public
cemeteries within the territorial jurisdiction of the City of Malaybalay shall be under
the supervision of the City Economic Enterprise Development & Management Office
(CEEDMO), whose officer shall be the Cemetery Administrator, and the provisions of
this article shall be strictly enforced and complied with under the Cemetery
Administrator by the Memorial Grounds Operations Manager, Clerk and Utility
workers, to maintain the sanitation and cleanliness of the whole Cemetery Enterprise.
C. LOT CLASSIFICATION. All grave lots shall measure 1 x 2.50 meters whether
for children or adults. While niches may be classified differently and will measure
0.90x80x2.50 meters (inside dimension).
C.A. Columbariums shall measure an inside dimension of 0.40x0.40x0.80
meters. It will be repository for bones transferred from grave lots after
ten years and from niches after five years or more depending on the
request of heirs and kin. Bones from the grave lots and niches after ten
years will be transferred to the Columbariums.
Name
*Date of Birth
+ Date of Death
b.)
c.)
4. In case of death resulting from crime or violence, the remains shall not be
buried without permission from the City Prosecutor or any government
official authorized by law. In case of the absence of the Prosecutor, the City
Judge, City Mayor or Chief of Police can take his place.
5. Except when required by legal investigation or when permitted by City
Health authorities, no unembalmed remains shall stay unburied longer
than forty-eight (48) hours after death.
1. When cause of death is dangerous communicable disease, the remains
must be buried twelve (12) hours after death, the cadaver shall not be
taken to any place of public assembly and only adult members of the
family of the deceased may be permitted to attend the funeral.
7. Unclaimed remains shall be buried at the expense of the City Government
of Malaybalay or may be delivered to medical school or scientific
institution upon authority of the City Health Officer.
8. Disinterment or exhumation may only be permitted after a period of five (5)
years or less in cases that are very necessary, it may be granted on
instances of need with proper authorities present and investigation shall
be allowed if after exhumation, remains should be disinfected. When
completed the remains should be re-buried in an authorized burial area.
9. For deaths caused by dangerous communicable disease, disinterment may
be granted after five (5) years with the written authorization from the City
Health Office duly signed by the City Health Officer.
10. The City Health Office may allow earlier disinterment with the approval
from the City Mayor for the purpose not contrary to morale, customs or
public policy.
11. Cremation may only be undertaken with the approval of City Health Officer
and the rules and regulation that may be issued for such purpose
through the approval of the City Health Office under P.D. 856, known as
The Sanitation Code of the Philippines.
12. In the interim that remains of unclaimed corpses are to be needily buried,
they shall be buried at the common space especially marked for needs
like this.
13. An unclaimed corpse, for burial purposes, shall be certified to as such by
the City Social Welfare and Development (CSWD) based in a verified
certification from the Barangay Captain. In case of urgency, elected City
Officials may pass upon it by way of Certification.
Section X. SUPERVISION AND CONTROL.
1. The Office of the City Engineer, aside from the previously assigned responsibilities,
will delineate the grounds for grave lots/spaces for:
1. Marked common space for unclaimed corpses
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2. Use of Chapel. The Chapel can be used on the last night of burial for a fee but the
dead has to be buried before or at 9:00 A.M. of the following day to give allowance for
the use of others.
3. Families of the dead should be responsible for the cleanliness and sanitation of the
Chapel as well as the surroundings of the grave otherwise a penalty for this offense will
be served.
3.A. Each strategic area of the memorial park shall be provided with refuse
receptacles or containers, for biodegradable and non-biodegradable
materials with tight-fitting lids. It has to be fitted with black color
coded plastic bag for non-biodegradable and green color coded plastic
bag for biodegradable materials. Collection of refuse in these
receptacles shall be done by the Utility Workers of the burial ground.
3.B. Accumulation of refuse which may become harborage and breeding
places of vermin shall not be permitted at any given time.
3.C. For vermin control, a vermin abatement program shall be maintained,
Chapels, Office rooms, toilet rooms and other openings shall be
screened and/ or air-conditioned. Door shall be tight fitting and selfclosing, growth of bushes, weeds and grass shall be controlled to
prevent harborage of ticks, bugs and other noxious insects.
3.D. Adequate potable water supply should always be available in chapels,
office rooms and other areas that need it.
4. No drinking of liquor or intoxicating drinks or carousing of any kind are allowed at any
given time.
Penalty of One Thousand pesos (P1,000.00) or incarceration for three days.
5. No gambling is allowed. If found violating this section, there would be Penalty of One
Thousand pesos (P1,000.00) or incarceration of three days.
6. Pay toilets are found near the entrance. This is the only place where anyone can pee,
piss or defecate. The use of pay toilet with free tissue is five pesos (P5.00). Penalty is
Fifty pesos (P50.00).
7. Fees and charges. There shall be a collection of the following rental fees in a period of
ten to fifteen years.
A.) Permit fees for the Cadaver Disposition and Others.
-P
50.00
2. Burial Permit
- P 100.00
- P 500.00
- P 500.00
- P3,000.00
- P 1,500.00
4. Leases :
a. Lease of a Grave lot for fifteen years
-P 10,000.00
-P 3,000.00
500.00
Section XI. OTHER LAWS APPLICABLE. The operation and maintenance of the public
cemetery which will be established upon enaction of this ordinance shall be subject
to the provisions of the cemetery law and / or other pertinent laws as well as
implementing rules and regulations promulgated or as may be validly promulgated
by the Sangguniang Panlungsod and subject to additional guidelines of the City
Health Office.
Section XII. LIMITATIONS. No application shall be approved for the establishment of a
private burial ground or cemetery which shall be within a radius of five (5) kilometer
from another burial ground or memorial park type cemetery. Likewise, no
application shall be approved for the establishment of a private burial ground or
cemetery whose graves shall be within twenty-five (25) meters from any dwelling
house or existing subdivision. However, applications filed and pending before the
Sangguniang Panlungsod prior to the passage of this ordinance shall not come within
the purview of this section, in so far as the radius of five (5) kilometer distance
between cemeteries is concerned.
Section XIII. RESPONSIBILITY OF THE CITY. The establishment, maintenance and
operation of this area as a public cemetery shall be the responsibility of the City
Economic Enterprise Development & Management Office (CEEDMO) as an extended
area of community service and at the same time one of the City revenue earners.
Income will then be remitted to the City Treasurers Office.
13.A. The City Government shall utilize judiciously, grants, gifts, bequests of
property or financial donations for maintenance and improvement of
cemeteries.
13.B. Prepare quarterly cemetery reports and have these available to the City
Health Office upon request.
13.C. Provide adequate forms for the enforcement of Presidential Decree No.
856.
Section XIV. SEPARABILITY CLAUSE. If any part of any section of this ordinance shall
be declared illegal or contrary to law, such declaration shall not invalidate the other
provisions thereof which shall not be affected thereby.
Section XV. PENAL CLAUSE. Any violation of the provisions of this ordinance shall be
punished by a fine of not less than Five Hundred pesos (P500.00) but not more than
One Thousand pesos (P1,000.00) or imprisonment of not less than one (1) month but
not more than three (3) months or both, such fine or imprisonment at the discretion
of the court. Conviction under this ordinance shall be a ground for revocation of
contract and the transfer of the bones to the bone depository.
Section XVI. APPROVAL. This ordinance shall take effect upon its approval.
Section XVII. EFFECTIVITY. This ordinance shall take effect upon its enactment and
upon publication in a newspaper of local publication.
ENACTED.
---------------------------I HEREBY CERTIFY that the foregoing resolution is true.
MANUEL L. DINLAYAN
City Councilor
Temporary Presiding Officer
CMBARROSO/vas/mlb