Bring columbarium elsewhere

Ben Contreras .

FOR the second time, the Court of Appeals dismissed the motion for reconsideration filed by St. Francis Xavier Parish Church of the Archdiocese of Cagayan de Oro, represented by Archbishop Antonio J. Ledesma.

The issue arose from the establishment of a columbarium inside the church within Pueblo Estate notwithstanding the objection of the residents living nearby. Based on what was seen during the ocular inspection many months ago, the columbarium seems to be almost finished, the job being done furtively.

Upon intervention of the Housing and Land Use Regulatory Board (HLURB), a cease-and-desist order was issued against the continuance of the work; the petitioner (St. Francis Xavier Parish Church) was slapped with a P20-thousand fine for violating the order.

In a Roman Catholic country like ours, the Church’s influence over its flock is very condescending and politicians who wish to stay in power seek the Church’s support and blessings. The law on separation of the State and Church has never been followed or respected to the words.

The petitioner sought relief from the Court of Appeals. On Jan. 24, 2018, the Court of Appeals issued a resolution dismissing the petition for certiorari, prohibition, mandamus and declaratory relief with prayer for a temporary restraining order and writ of preliminary injunction on the ground that the petitioner failed to exhaust available administrative remedies.

On Feb. 12, 2018, the petitioner sought a TRO on a few grounds which have been answered quite convincingly by the Court of Appeals. Although there seems to be an attempt to inject the notion that the case involves the exercise of religion, the CA “finds nothing in such assailed issuances that relates to or interferes with the free choice of religion or freedom of belief, including those concerning the burial rites and choice of burial place for the deceased members of petitioner. In fact, petitioner recognizes in the Petition that the CDO was not directed at the church per se but only the columbarium project.”

CA’s first resolution was very clear in explaining that the petitioner should clear their issues with the HLURB which found the petitioner violated the following:

1. failure to secure development permit
2. selling without development permit
3. selling without license to sell
4. selling without certificate of registration

It was on these issues that the cease-and-desist order was issued.

“The stoppage was precisely grounded on petitioner’s supposed failure to comply with the ‘Rules and Regulations to Govern Columbarium Projects’ laid down by HLURB, the administrative agency specifically tasked to regulate the activities petitioner sought to get involved in. Accordingly, the procedure provided by the HLURB, including any appeal process, must, as a rule, be followed before judicial intervention may be allowed or resorted to.”

It’s not really difficult to understand that. So, if the parish church really wants that columbarium, bring it somewhere else where resistance is impossible, like if the place is owned by the Roman Catholic Church.

The Catholic Church here is rich and landed. It should not be difficult for them to find a new place for its controversial columbarium. After all, there will always be another use for that huge room intended for the columbarium boxes.