Republic of the Philippines

Province of Davao del Sur

MUNICIPALITY OF HAGONOY

OFFICE OF THE SANGGUNIANG BAYAN

17th LEGISLATIVE COUNCIL

MUNICIPAL ORDINANCE NO. 01

Series of 2015

“AN ORDINANCE APPROVING THE MUNICIPAL PUBLIC CEMETERY CODE OF HAGONOY,

DAVAO DEL SUR, PURSUANT TO THE PROVISION OF THE LOCAL GOVERNMENT CODE OF
1991 AND OTHER PERTINENT LAWS”.

Be it enacted by the Sangguniang Bayan of Hagonoy, Davao del Sur, in session assembled, that:

SECTION 1. Establishment, Administration and Operation. The Municipality of Hagonoy, Davao

del Sur pursuant to the existing laws and legal procedures, shall have the authority to establish, maintain and
operate a public cemetery within its territorial jurisdiction. The Local Government Code has provided additional
meaning and direction for local governmental entrepreneurial activities specifically along the operation of local
public utilities and facilities. The Code declares that “the State shall guarantee and promote the autonomy of
local government units to ensure their fullest development as self-reliant communities and make them more
effective partners in the pursuit of national development and social progress”. This is in furtherance to the
constitutional mandate which provide that “each local government unit shall have the power to create its own
sources of revenue and to levy taxes” to ensure their viability and self-sufficiency.

SECTION 2. Scope of Operation. Within its jurisdiction, the Municipality of Hagonoy, Davao del Sur
shall have the power to administer, operate, impose and collect reasonable public cemetery fees and other
charges for occupancy and the use of other facilities such as the Mortuary Chapel in the cemetery. A cemetery
is a place designated for burial of the dead and regarded as essential “green space” for the maintenance of a
properly balanced environment.

SECTION 3. Definition of Terms. As used in this Code the following terms shall be interpreted as
follows:

a. Cadaver Niche or Cemetery Tomb – the concrete niches intended to accommodate cadavers inside coffins
above ground internment. It shall be of three classifications: for adults, for children, and for infants and
toddlers. Cadaver Niches maybe constructed along the perimeter lines of the cemetery which will serve as
cemetery perimeter fence.

b. Bone Niche – the small concrete niche to accommodate the bones from the cadaver niche.

c. Perpetual Bone Niche – any of the constructed Bone Niche, where interested parties preserve the bone of
their love ones in perpetuity after paying the necessary fee.

d. Common Bone Depository - a place which shall serve as a common depository area for unclaimed exhumed
skeletal remains.

Page 1
e. Caretaker – the personnel assigned at the Municipal Public Cemetery to take charge of the management
thereat.

f. Tomb Occupancy Permit – a permit granted after payment of a fee for the use of the cemetery tomb for a
period of five (5) years without renewal and the family or authorized representative will be notified six (6)
months in advance before the expiration of the Contract.

g. Burial Permit – a permit issued by the Municipal Mayor’s Office after a Death Certificate has been issued by
the Office of the Local Civil Registrar.

h. Resident – a person who is actually residing in the Municipality of Hagonoy, Davao del Sur, having a house
or has rented for at least six(6) months before his death as certified by the Punong Barangay.

i. Non–resident – a person who is not qualified in letter “h” of this provision.

j. Age classifications - Infant and toddler aged 0-3 years old; Children aged 4-14 years old; Adults aged 15
years old and above.

SECTION 4. Officers of the Municipal Public Cemetery. The Officers of the Municipal Public
Cemetery are as follows:

a) Cemetery Supervisor. He shall have supervisory authority over all personnel who are involved in
the operation of the cemetery. He is empowered to enforce the rules and regulations of the
cemetery. The supervisor is under the direct control and supervision of the Manager of the
Economic Enterprises.

b) Cemetery Collector. He shall have the authority to collect or receive payments for fees and other
charges under the supervision of the Municipal Treasurer.

c) Municipal Public Cemetery Committee. The Municipal Public Cemetery Committee is hereby
created to be composed of the following:

Chairman : Municipal Mayor

Vice-Chairman: Local Economic Enterprises Manager/Municipal Treasurer
Members:
1. Cemetery Supervisor
2. SB Committee Chairman on Local Economic Enterprise
3. Municipal Planning & Development Coordinator
4. Municipal Health Officer/Sanitary Inspector
5. Municipal Environmental and Natural Resources Officer
6. Municipal Engineer

SECTION 5. Functions of the Municipal Public Cemetery Committee. The Municipal Public
Cemetery Committee has the following functions:

1. To conduct periodic evaluation of the facility to determine the sanitation, orderliness and other
relative issues on the cemetery management;

Page 2
 2. To recommend to the Sangguniang Bayan such measures or actions as maybe necessary in the
resolution of problems, issues, concerns or measures in connection with the management of the
cemetery;

3. The Committee is responsible to come up an approved design for the fiscal management of the
cemetery operations.

4. The Municipal Public Cemetery Committee shall conduct a regular meeting once a month or as
often as necessary;

FISCAL MANAGEMENT

SECTION 6. All rental charges or fees as set within this Code shall increase automatically by ten
percent (10%) every five (5) years.

SECTION 7. The financial management which includes revenue collection,

expenditures/disbursements and control shall be governed by the Existing Government Accounting and
Auditing Rules and Regulation.

SECTION 8. All collection of fees and charges from the operation, management and administration of
the Municipal Public Cemetery shall constitute a separate special account under General Fund.

SECTION 9. Burial Permit Fees and Other Fees. The burial permit fees and other fees enumerated
herein shall be paid at the Municipal Treasurer’s Office through the Municipal Civil Registrar’s Office as
follows.

TYPES OF PAYMENT FEES

Burial Fees:
Cadaver Niches Permit Fee 100.00
Transfer of Cadaver /Skeletal Remains Permit Fee 200.00
Exhumation for medico legal purposes 800.00
Exhumation for transfer 400.00

SECTION 10. Exemption. All indigents duly certified by the Punong Barangay or in the case of
indigent indigenous peoples (IPs) shall be certified by the Barangay Tribal Chieftain and the Municipal Social
Welfare Officer shall be exempted from paying the burial fees and can avail the use of Mortuary Chapel which
is limited to five (5) days wake.

SECTION 11. Occupancy Fee. An Occupancy Fee of the following shall be imposed to the use of the
cadaver and bone niches:

Php 3,500.00 Occupancy Fee - for adult cadavers

Php 2,000.00 Occupancy Fee - for children cadavers aged 4 – 14 yrs old
Php 1,000.00 Occupancy Fee - for infant ad toddler cadavers aged 0- 3 yrs old
Php 3,000.00 Occupancy Fee - for Perpetual Bone Niche

For Non-resident of Hagonoy, Davao del Sur:

Page 3
 Php 10,000.00 Occupancy Fee - for adult cadavers
Php 5,000.00 Occupancy Fee - for Infant to toddler cadavers

SECTION 12. Limitation.

a. A couple, husband cadaver and wife bone remains or vice versa is allowed in one cadaver niche.

b. Up to three(3) bone remains may be arranged in one bone niche.

SECTION 13. Mode of Collection.

1) All fees and charges in the operation of the Municipal Public Cemetery shall be accompanied by
Official Receipt issued by the authorized Revenue Collectors.

2) All collections made shall be liquidated daily by the authorized Revenue Collectors and shall be
deposited immediately at the government official depository bank.

SECTION 14. All disbursement vouchers shall be signed by the Municipal Mayor, then by the
Municipal Budget Officer on its appropriation, the Municipal Accountant for obligation and proper recording,
and the Municipal Treasurer on the availability of funds.

SECTION 15. Audit and Inventory. There shall be quarterly audit and inventory of the cemetery
operations.

SECTION 16. Requirements of the Burial. Burial using cadaver niche shall be covered with a
Cemetery Lease Contract by immediate family or any authorized representative without which no burial shall
be allowed. After the execution of the Contract, comply with the payment of the fees and other charges. A
Certificate of Death issued by the attending physician or Municipal Health Officer, or if no medical officer is
available, by the Municipal Mayor, Municipal Secretary, or any member of the Sangguniang Bayan shall be
required for burial purposes.

SECTION 17. Common Bone Depository. Bones deposited therein shall remain perpetually and shall
not be brought outside unless otherwise authorized by the Municipal Mayor through the Municipal Health
Officer.

SECTION 18. Area for Unclaimed/Unknown Corpse. Designate area for unclaimed/ unknown
corpse and only code will be engraved in the niche. Area for unclaimed/unknown corpse will not be publicized
to avoid abuse of its usage.

SECTION 19. Automatic Transfer of Bones After Five (5) Years From Interment. All buried
cadavers shall automatically be transferred to Bone Niches after five (5) years upon payment of the required
fees. In cases when the body is still intact or not fully decomposed as duly certified by the Municipal Health
Officer or his duly authorized representative, an extension for another five (5) years may be allowed upon
payment of the fifty percent (50%) of the Occupancy Fee and the full payment of Exhumation Fee.

SECTION 20. Abandonment of Perpetual Bone Niche Due to Transfer of Bone Remains. The
party or any authorized representative shall execute a waiver of assignment to other person within six (6)
months otherwise it will be taken over by the Municipality.

Page 4
 SECTION 21. Health and Sanitation. For purposes of health and sanitation, the Municipal Public
Cemetery shall undergo disinfection process which shall be conducted by the Municipal Health Officer or his
authorized representative. The Municipal Health Officer has the sole authority to approve exhumation of
cadavers and/or skeletal remains and all concerned must adhere to the provision of the Code on Sanitation of the
Philippines regarding disposal of cadavers. Except in cases allowed under existing laws and regulations, no
corpse shall be buried or interred, permanently or temporarily in places other than in property designated
cemeteries or burial grounds.

SECTION 22. Administrative Provisions.

1. To provide better services and income, the Municipality may construct or may engage in a joint
venture with other agencies/entities on the development and management of the public cemetery
subject to an authority from the Sangguniang Bayan and an enactment of an ordinance appertaining
thereto.

2. Any construction of whatever kind and nature in the Municipal Public Cemetery, whether for
temporary or perpetual use, shall only be allowed after the approval of a permit issued by the
Municipal Mayor upon the recommendation of the Municipal Building Official.

3. No person shall exhume and transfer any cadaver and skeletal remains to any place outside of the
cemetery without presenting to the caretaker a permit secured from the Municipal Health Office.
Likewise, no person shall desecrate by way of tampering, destroying, excavating tombs, coffins,
skeletal remains and the like for whatever purpose.

4. All resident Senior Citizens of Hagonoy, Davao del Sur can avail 20% discount of the cadaver
niche only.

5. Gambling, drinking of alcoholic beverages, smoking, disco and loud music/sounds are not allowed
inside the premises of the Municipal Public Cemetery.

6. No stray animals shall be allowed in the Municipal Public Cemetery premises. The Cemetery
Supervisor or his duly authorized representative is hereby empowered to catch such stray animals
and impound them/turn-over to the barangay authorities.

7. Any government official/s or employee/s or cemetery personnel found having involved in any
illegal transactions or irregularities in the operation of the municipal public cemetery shall be
penalized and dealt with accordingly.

1st offense– an amount involved in the illegal transactions plus 30 days suspension without pay;
2nd offense – an amount involved in the illegal transactions plus termination of work or
imprisonment of not more than six(6) months, or both, at the discretion of the court.

PENAL PROVISIONS

SECTION 23. Penalty for Prohibited Acts. Any person or persons violating, or causing, inducing or
abetting the violation of any prohibitory provisions of this Code and other applicable laws, ordinances and rules,
shall upon conviction of the Court suffer the imprisonment of not more than six (6) months or a fine ranging
from One Thousand (Php1,000.00) Pesos but not more than Five Thousand (Php 5,000.00) Pesos.

TRANSITORY PROVISIONS

Page 5
 SECTION 24. APPLICABILITY CLAUSE. Any resolution, rules, regulations, ordinances or laws
consistent with this Ordinance/Code shall continue to be in full force and effect.

SECTION 25. SEPARABILITY CLAUSE. If for any reasons, part or provisions of this Code which
shall be held to be unconstitutional or invalid, others parts or provision hereof which are not affected shall
continue to be in full force and effect.

SECTION 26. REPEALING CLAUSE. All existing ordinances relative or covering the herein
Municipal Public Cemetery Code prior to the enactment of same and other resolutions, and rules, regulations or
parts thereof, inconsistent herewith are hereby repealed or modified accordingly.

SECTION 27. EFFECTIVITY CLAUSE. This Code shall take effect after meeting all requirements
set forth by law.

APPROVED. February 23, 2015.

CERTIFIED CORRECT:

(Sgd.) ERICSON S. REZANE

Secretary to the Sanggunian

Page 6