Supreme Court to NCCA: Why did you stop Torre de Manila construction?

The Supreme Court has ordered the National Commission on Culture and the Arts to explain why it stopped the construction of the 46-storey Torre de Manila building, which can be seen in the visual corridors or vista of the Rizal Monument in Luneta.

In an en banc session, the tribunal directed the NCCA "to explain its issuance of a cease and desist order against the questioned structure."

The NCCA was given 10 days from receipt of the notice to submit its explanation.

Visual dominance

The Order of the Knights of Rizal, a public corporation mandated under Republic Act 646 to propagate Rizal's teachings, life and works, earlier asked the SC to stop the construction and order the demolition of the DMCI Homes structure.

The NCCA was eventually made an intervenor-respondent, allowing it to participate in the case.

In its 26-page petition for injunction, the petitioner had also asked the SC to issue a TRO against the Torre de Manila condominium project.

Calling it a "possible historic first," the Order of the Knights of Rizal also wants the high court to grant it a "writ of pamana" (heritage) or a "writ of kasaysayan" (history) as a legal remedy for the protection of a citizen's right to "all the country's artistic and historic wealth [which] constitutes treasure of the nation," under Section 14, 15, and 16, Article XIV of the 1987 Constitution.

The group noted that once completed, the controversial condominium project, rising 138 meters from the ground, would "stick out like a sore thumb, and dwarf" all surrounding buildings within a radius of two kilometers. It said the buildings around it average five storeys or about 15 meters only in height.

The group said allowing the Torre de Manila to be completed would be considered the "worst precedent imaginable... to devalue historical landmarks."

In its petition, the group claimed DMCI Homes acted in bad faith and violated Manila's zoning ordinance and other laws as well as existing guidelines on monuments. The development project would cause "permanent and monumental prejudice and injustice" to present and future generations of Filipinos and other national, it said.

The group said the Rizal Monument, having been declared a National Cultural Treasure, is entitled to full protection of the law.

The group added that having a towering building in the background of the Rizal Monument is a "nuisance" that "annoys and offends the senses" of Filipinos who honor Rizal's memory.

The group said the project violates the National Historical Commission of the Philippines' "Guidelines on Monuments Honoring National heroes, Illustrious Filipinos and Other Personages," which provides that historic monuments should assert a visual "dominance" over the surroundings.

The guidelines state that "vista points" and "visual corridors" to monuments must be kept "clear for unobstructed viewing and appreciation and photographic opportunities."

The project also allegedly violates an international commitment that the Philippines had made through the Venice Charter. Under the agreement, the Philippines agreed not to allow any new construction, demolition or modification which would alter the relations of mass and color of a monument. — BM, GMA News