PRESCRIBING GUIDELNES ON THE USE OF THE MUNICIPAL CEMETERY LOT AT DIPATLONG,MARIBOJOC, BOHOL.
Sponsored by: Committee on Public Works and Infrastructure
The Sangguniang Bayan has the sole duty to prescribe the forms and conditions under which public utilities and properties owned by the Municipality, shall be operated by the government or leased to private persons or entities. As a corporation, the Municipality has corporate rights and duties to preserve and appropriate tracts of land under its jurisdiction for a Municipal Cemetery.
BE IT ORDAINED, by the Sangguniang Bayan of Maribojoc, Bohol that :
SECTION 1 : DECLARATION OF POLICY : The Municipal Government of Maribojoc, Bohol has designated a specific portion of Municipal Lot at Dipatlong, Maribojoc, Bohol as a Maribojoc Memorial Park ( Refer to Maribojoc Memorial Park Site Development.)
SECTION 2 : GENERAL PROVISIONS :
- It shall be unlawful for many person to bury human remains in places other than those legally authorized in conformity with the provisions of P.D. No. 856, otherwise known as Code of Sanitation.
- Grave area shall be in the form of niches.
- Niches for Cadaver
- Niches for Skeletal Remains
- The burial of remains in the Municipal Cemetery shall not be denied on account of race nationality, religion, or political persuasion.
- Any member or representative of the bereaved family who wants to avail of the Municipal Cemetery should see first the office of the Municipal Engineer for some information and guidelines on the proper use of the area.
- The applicant shall sign the Contract of Lease for the use of the grave lot or niche upon payment of the necessary fees or three (3) days after the interment.
- No applicant shall be issued permit to bury in the Municipal Cemetery unless a Death Certificate is presented to avoid untoward future reservations.
- The office of the Municipal Treasurer shall inform within sixty days (60) before the expiry date of the lease to the leasee for the latter to transfer the skeletal remains into the niches provided for this purpose.
- It shall be the duty of the Office of the Municipal Treasurer to prepare and submit to the Municipal Mayor a list of the leases that are to expire one week prior to the expiration date.
- Interment of indigents and other extreme cases as recommended by the DSWD Office shall be accommodated at the designed niches free from the above-mentioned charges.
SECTION 3: GUIDELINES AND FEES : The following guidelines and fees shall be observed by any applicant who wishes to have its remains buried in the Maribojoc Memorial Park..
- Niches for Cadaver:
- Arrays of niches shall be prepared and constructed by the Municipal Engineer’s Office funded by the Municipal LGU. Cover slabs shall be also provided.
- A fee of P 3,500.00 shall be collected by the Municipal Treasurer’s Office as monetary consideration for the niche construction and execution of lease contract for ten years upon application.
- Upon expiration of the contract, the skeletal remains shall be transferred to the niches for skeletal remains and subject to separate guidelines and fees.
- The applicant is responsible for arranging the other interment services and cost.
- The Office of the Municipal Engineer is authorized to assign the specific niche to be occupied by the applicant, conforming to the designed sequence or order.
- No reservation is allowed.
- Niches for Skeletal Remains:
- Arrays of niches shall be constructed by the Municipal Engineer’s Office.
- A Fee of P500.00 shall be charged for the perpetual use of the niches.
- In case the family members of the dead, whose contract of lease has expired after ten years (10), do not initiate the transfer of remains, the LGU shall automatically cause for its transfer to the common skeletal remain grave.
SECTION 4: PROVISIONS FOR THE EXISTING GRAVES
- The existing apace occupied by graves shall be converted to mausoleum grave area upon expiration of the contract, the grave owners have entered into between the Municipality of Maribojoc; subject to the following guideline:
- Renewal of Contract:
Lease holders who opt to renew the contract shall be granted one more term of five years for the use of the space subject to the provisions stipulated in the new contract to be entered between the Local Chief Executive and the grave lease holders. Upon expiration of the new contract, the grave owners are subjected to options i) ii) as provided in Section 12- B of this ordinance.
- Non-Renewal of Contract:
- Conversion into Mausoleum:
- Corresponding grave lease holders shall be given the priority to acquire the occupied space for mausoleum purposes.
- The rate of lot is P 2,000.00 per square meter, and is to be paid upon application.
- A certificate of ownership of the lot shall be awarded upon full payment.
- Application for mausoleum conversion shall be made not more than thirty days (30) after the expiration of the contract.
- Construction of the mausoleum shall conform with the design guidelines specified by the Municipal Engineer’s Office.
- Non-Conversion into Mausoleum:
Uninterested grave lease holders to acquire the lot for mausoleum purposes, shall be subjected to the following provisions.
- Remains which are buried for more than ten (10) years, shall be transferred into the niches for skeletal remains.
- Remains buried for less than 10 years shall pay a rental fee of P100.00 per year until the 10th year from the burial. At the end of the 10th year, the use of the lot shall be terminated and remains shall be transferred into the niches for skeletal remains. Existing structures shall be demolished in favor of the LGU.
- Conversion into Mausoleum:
- Renewal of Contract:
- Grave owners of the existing occupied space may convert the grave area into mausoleum even before the expiration of the contract after applying for rescission of the contract. The payment made during burial may be deducted from the actual payable amount for conversion in flow rate basis.
- In case the owner of the graves in the existing occupied space failed to enter into contract, the same shall be automatically be subjected to the provisions of this ordinance.
SECTION 5: PENALTY CLAUSE : Any violation of this ordinance shall be fined in the amount of Two Thousand and Five Hundred Pesos ( P 2,500.00 ), plus an imprisonment of not more than six (6) months depending the discretion of the court.
SECTION 6: REPEALING CLAUSE: Municipal Ordinance No. 12, Series of 1997 shall be deemed repealed.
SECTION 7: AMENDATORY CLAUSE: All provision of thus ordinance may be subject to amendments three (3) years after its effectivity.
SECTION 8: EFFECTIVITY CLAUSE : This ordinance shall take effect upon approval.
Approved: January 3, 2000
Let copies be furnished, all Barangay Captains of Maribojoc, Bohol and other concerned for their guidance and information.
I HEREBY CERTIFY TO THE CORRECTNESS OF THE ABOVE QUOTED ORDINANCES:
ATTY. JOSE E. VELOSO
Municipal Vice Mayor
ALBERTO E. ARANGOSO
ENGR. GABINO C. REDULLA
Date signed: January 7, 2000