THE ORDINANCE seeking to impose a one-time fee of P7,000 to P15,000 for grave lots at the Muslim Cemetery in Tagakpan Public Cemetery was approved on final reading on Tuesday, Nov. 10.
The measure, authored by Councilor Ragde Niño Ibuyan, would replace a specific scheme in the 2017 Revenue Code, which conflicts with Islamic burial practice.
Under the measure, Type A small lots, measuring 4 to 5 feet by 2 to 2.5 feet, would cost P7,000 each, while Type B large lots, measuring 7 by 3 feet, would cost P15,000 each.
The councilor confirmed that the cemetery has 70 small lots and 264 large lots, allocated primarily for deceased Muslims.
The ordinance says the existing rules, which carry a six-year lease, annual renewal fees, and exhumation of remains after the lease expires, are inconsistent with Islamic doctrine.
Ibuyan said Islamic doctrine prohibits the exhumation, transfer, or disturbance of human remains and requires permanent burial.
Payment of the fee would give the payor a burial right through a contract granting a right of interment, but not ownership of the lot, which stays with the city government.
The measure also provides that no annual renewal, lease renewal, or exhumation-related fees would be collected.
The fees would not be imposed on burials of deceased indigents, upon certification by the City Social Welfare and Development Office.
The measure also bars the exhumation, transfer, or disturbance of remains, except as required by law, ordered by a competent court or authority, or requested in writing by the deceased’s family in line with religious requirements.
The ordinance states that the fees are meant to help the city recover its P7,332,722.95 investment in the cemetery’s prayer building, pathways, entrance gate, and operation and maintenance costs.
The one-time payment scheme was supported by Muslim leaders and stakeholders consulted by the city, including the National Commission on Muslim Filipinos XI, the Davao City Muslim Affairs Office, the Madrasah Comprehensive Development and Promotion Unit, and the Darul Ifta Wadda’wah Association Region XI, Inc.
The CEE will provide the guidelines on the application, qualification, allocation, payment, and recording of grave lots, including a registry of interments and paid lots, in consultation with the Davao City Cemetery Management Board, the Muslim Affairs Office, and recognized Muslim religious authorities.
