THE Office of the Ombudsman-Visayas has found sufficient basis to proceed with criminal and administrative investigations against Poro Mayor Edgar Gary Rama and two other municipal officials over the alleged unauthorized use of Durano-owned land for public cemetery expansion and mass burials.
The anti-graft office has directed Rama, municipal cemetery coordinator Pablito Garciano and cemetery administrator Val Ryan Rosauro to submit their counter-affidavits.
Rama, Garciano and Rosauro face charges of dishonesty, grave abuse of authority, misconduct, oppression and violations of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act, and RA 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees. The order from the Ombudsman, dated March 17, 2025, directed the respondents to submit their replies within 10 days.
The complaint stemmed from the alleged use of a 6,767-square-meter portion of a 13,008-square-meter property owned by RMD Agricultural Development Inc., located in Barangay Paz, without the company’s consent.
The unauthorized use reportedly began during the Covid-19 pandemic when the local government used the land as a mass burial site without the Durano family’s permission. Over time, the area evolved into the town’s public cemetery.
“No legal authority”
In a previous SunStar Cebu report, Durano alleged that the local government had collected over P5 million in burial fees from families using the property despite lacking legal authority to do so.
Danao City Mayor Ramon “Nito” D. Durano III, president of RMD Agricultural Development Inc., filed formal complaints on Jan. 31, seeking the return of the property, an injunction against further use and damages.
The complaint also claimed that families were misled into believing the site had been lawfully designated for public burials.
Ramon “Red” Durano IV of RMD Corp. said he sent a formal letter to Rama requesting clarification and legal documents authorizing the land’s use as a cemetery but found Rama’s response unsatisfactory. According to Red, Rama replied that he was unaware that the land was being used as a cemetery but promised to look into the matter and cooperate with any investigation.
Shem Lucero, a resident whose late wife was buried in the Paz Public Cemetery, joined the complaint seeking an injunction to prevent the Municipality from further collecting burial fees without legal authority. Lucero expressed concern about the potential displacement of buried loved ones.
RMD said it discovered the alleged encroachment in December 2024, prompting the filing of two cases before the Municipal Trial Court in January. A company survey confirmed that more than half of the property had been used for cemetery purposes.
Despite the legal action, Red reassured affected families that their deceased loved ones would not be displaced. He stated that RMD Corp. plans to donate the 6,767-square-meter portion directly to the families, not to the barangay or Municipality.
Mayor’s signature
Documents attached to the complaint showed that Rama signed the mayor’s permit for burials, while Garciano and Rosauro issued the necessary recommendations, with fees collected by the Municipal Treasurer’s Office.
As for its order to Rama and two other municipal officials, the Ombudsman warned that failure to comply with its directive would forfeit the respondents’ right to present their side and the investigation would proceed based on available evidence.
The Ombudsman also ordered that motions for dismissal, for extension of time, for reconsideration and for reinvestigation would be stricken from the record.
SunStar Cebu tried to reach Rama through his Facebook account on Friday, April 11, but he had not responded as of press time. / JPS