Crematorium proponents to challenge zoning board's ruling
A legal battle between the city government and the Philippine American Cemetery Association (PACA) is expected after the City Zoning Board of Adjustment and Appeals (CZBAA) denied the association's application for a locational clearance for the establishment of a crematorium in Brgy. Our Lady of Fatima, Jaro.
Evelyn Espinosa of the PACA said they will exercise "administrative remedies" as soon as they get a copy of the board's denial of their application for a locational clearance.
Her reaction was in response to the decision of the CZBAA as earlier revealed by Mayor Jerry Treñas.
The CZBAA is chaired by City Legal Office chief Atty. Edgar Gil with Councilor Eduardo Peñaredondo, City Planning and Development Office chief Noel Hechanova, City Engineer Marito Amatorio and Realtor Flor Besana and Herminio Maravilla of the the Iloilo Busines Club members.
Espinosa said they have complied with all the requirements set by the board and they see no reason why their application for a locational clearance be denied. She firmly believes they did not violate the 25-meter distance required by law for the establishment of a crematorium.
One of the reasons cited for the denial of PACA's application is the proximity of the proposed crematorium to a school and restaurants. The proposed crematorium also lack "social acceptance" from among the residents of Barangay of Our Lady of Fatima in Jaro district.
Espinosa said their engineers have clearly determined the distance of the proposed project. She also argued that the cemetery was established in 1907 long before the people occupied the area.
Espinosa challenged the officials to let the crematorium operate first then have it closed if it can be proven that it is detrimental to the health of the residents.
Espinosa further claimed that a few people objected to the establishment of the crematorium and yet it was given weight by the board.
Espinosa also appealed to city officials not to infuse "politics" over the issue.
To note, the recent decision of the board is in conflict with the views of the Department of Environment and Natural Resources-Environmental Management Bureau.
The bureau thru its OIC chief Bienvinido Lipayon issued a Certificate of Non-Coverage last March 14, 2006. The issuance of the Certificate of Non-Coverage negated the need for the issuance of an ECC prior to the implementation of the crematorium. Public consultations and social acceptability are reconsidered when a certain project needs an ECC.