Of cemeteries and memorial parks (II)

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By Roberto A. Capili

Real Estate Updates

Sunday, August 24, 2014


CONTINUING our discussion on this topic, Layout and Landscape/Roads inside the Cemeteries:

[Read the first part of this column.]

For Memorial Parks, roadways shall be at least eight (8) meters wide. Laid out in such a manner that the farthest interment site shall at least be within sixty meters (60 m.) walking distance from any roadway as the shape of the park lots allows. However, in no case shall the farthest interment site be more than ninety meters (90 m.) wide shall be provided through park sections on both sides of roadways, for the safety and convenience of pedestrians. In the case of the park sections, the farthest interment lot is less than thirty meters (30 m.) from the nearest roadway, no pathway shall be required. There shall be a minimum setback or easement of one meter (1 m.) from the edge of the roadway to the nearest lot line.

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Other Features and Amenities

1. The cemetery area shall be well graded with a view to provide efficient drainage for the area.

2. Adequate space shall be provided for tree planting.

3. A chapel with a floor area of at least 50 sq. m. (5.00 m. x 10.00 m.) shall be constructed at a convenient location within the cemetery where funeral ceremonies may be held and incidentally serve as haven for funeral participants against sun and rain.

Interments, Burial and Entombments

1. For ground interments, there shall be a minimum depth of excavation of 1.5 meters from the ground level to the base of excavation. However, if concrete vaults are used, the minimum depth of excavation from base of vault to ground shall be one meter (1 m.). Ground interments shall be allowed only in the designated graveyard areas of the cemetery and may be provided with suitable markers, headstones and memorials.

2. Vaults for tombs and mausoleums for above-ground interments shall be of solid reinforced concrete. Concrete hollow blocks, any unit masonry construction of ceramics, adobe or the like shall not be allowed for the construction of the above-ground vaults; tombs or mausoleums. Mausoleum may be provided with ossuary along the interior walls.

3. Multi-level interment bodies shall only be solid reinforced concrete construction, of not less than one hundred fifty millimetres (150 mm.) thickness in which case they may be allowed to abut the walls of the cemetery, provided the walls are solid reinforced concrete construction. Concrete hollow blocks, or any unit masonry construction of ceramics, adobe or the like shall not be allowed.

4. Before construction is started on any mausoleum, canopy over the tomb, or multi-level niches, a building permit shall be secured therefore from the concerned Office of the Building Official of the city or municipality.

5. Horizontal division of columbaria shall be of reinforced concrete of at least fifty millimetres (50 mm.) thickness. Vertical division may be of concrete hallow blocks of at least 100 millimeters (100 mm.) thickness, in which case, cement mortars shall be applied evenly to present a non-porous surface. Minimum dimensions of individual cineraria shall be 300 mm. by 460 mm. cinerary remains shall be placed inside tightly sealed urns.

Registration and Licensing of Memorial Park/Cemetery

1. Submission of Survey Returns – the owner/developer shall submit to HLURB an authenticated copy of the mother title together with the technical description of each individual plots as surveyed by the owners/developers Licensed Geodetic Engineer. The technical description of the plot shall form part of the Certificate of Lease/Deed of Sale issued to each lessee/buyer.

2. Application for Registration – when the proponent has at least accomplished twenty percent (20%) of the development and is interested in the perpetual lease/sale of plots in a Memorial Park/Cemetery Project, he shall register the project with the HLURB.

3. Certificate of Registration – upon finding the project may be registered, HLURB shall cause to be published at the expense of the applicant a Notice of Filing of the Registration Statement in two (2) newspapers of general circulation; one published in English and another in Filipino, once a week for two consecutive weeks, reciting that a Registration Statement for the lease/sale of the plots has been filed with HLURB and that the aforesaid Registration Statement as well as papers attached thereto, are open to inspection during the business hours by interested parties.

After two (2) weeks from the completion of the application and upon submission of the Affidavit of Publication, HLURB shall in the absence of any impediment, issue a Certificate of Registration upon payment of the prescribed fees.

4. License to Lease/Sell – no owner or dealer shall lease/sell any disposable plot in the registered project without a LICENSE TO LEASE/SELL issued by HLURB. Upon proper application therefore submission of the required work program, performance bond and payment of the prescribed fees by the owner or dealer, HLURB shall issue to him/them the said license to sell/lease the plots in the project or portion thereof covered by the performance bond, his business is financially stable, and the proposed lease/sale of the plots to the public is not fraudulent.

5. Performance Bond – the performance bond required may in any of the following forms:

a. If found financially able to complete the project, a surety bond amounting to twenty percent (20%) of the development cost issued by a duly accredited Bonding Company and acceptable to HLURB. It shall contain a clause stating among others that it shall be in full force and effect unless it is ordered cancelled or released by HLURB.

b. If securing financial assistance, Certificate of Guaranty of any bank or financing institution of good standing in favour of HLURB for the total development cost.

c. Projects approved prior to the promulgation of these rules in case the proponent has been found financially unable to develop the project, a cash bond equivalent to fifty percent (50%) of the development cost.

Existing Memorial Park/Cemeteries

The owner of an existing Memorial Park/Cemetery shall register the project with HLURB within one year from the effectivity of these Rules by filing a Sworn Registration Statement in four (4) copies containing the following information:

1. Memorial Park/Cemetery Plan;

2. Fact Sheet containing the material information on the operation of the project to include the number of plots lease/sold; not yet fully paid; account receivable; extent/status of the land development and cost of the complete development, where the project is not yet completed.

If the application for registration is found to be in order, HLURB shall register the project and issue a Certificate of Registration to the owner or dealer upon payment of the required registration fee. (To be continued next week)

Published in the Sun.Star Baguio newspaper on August 25, 2014.

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