PB clears Mayor Loot over closure of cemeteries

CEBU, Philippines - The Cebu Provincial Board, acting as committee of the whole, has dismissed the administrative case against Daanbantayan Mayor Ma. Luisa Loot for closing down at least 25 cemeteries in her town because of alleged violation of a municipal ordinance.

Except for Loot’s son, PB member Sun Shimura who inhibited himself from participating in the deliberation of the case, all members of the board signed the resolution dismissing the case.

The Board found Loot’s action in closing down the cemeteries to be “lawful and valid.”

The case stemmed from a complaint filed by Bernardito Luche Jr., Virgilio Misa, Alicia Diaz, Juanico Diaz, Emily Alburo and Lelani Monton against Loot for alleged culpable violation of the Constitution, oppression, misconduct in office, gross negligence or dereliction of duty, and/or abuse of authority.

“The Committee finds that Municipal Ordinance No. 13-2003, which regulates the establishment and operation of all cemeteries within the municipality is a valid exercise of police power; as health considerations are of paramount importance to the general welfare,” the PB resolution reads.

The Board also took cognizance of the Sangguniang Bayan resolution adopting and approving the recommendation of the report of the PB committee on laws and review of ordinances finding the municipal ordinance to be in accordance with the Local Government Code.

“Likewise worthy of noting is the fact that the closure of the illegally operating cemeteries identified does not preclude the constituents from burying their deceased in legally operating cemeteries,” the resolution added.

Loot ordered the closure of these cemeteries last year for allegedly operating without the necessary permit from the local government.  (FREEMAN)