SC asked to stop Torre de Manila condo project

(Updated 2:22 p.m.) A group created to honor and uphold the ideals of Philippine national hero Jose Rizal on Friday asked the Supreme Court to stop the construction and order the demolition of a 46-storey condominium that mars the visual corridors or vista of Rizal's monument in Luneta.

In its 26-page petition for injunction, the Order of the Knights of Rizal, a public corporation mandated under Republic Act 646 to propagate Rizal's teachings, life and works, asked the SC to issue a temporary restraining order against the Torre de Manila condominium project.

It 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 the building should be demolished... to clear the view of the Rizal Monument and the Rizal Park for posterity."

"No one can take a photo of the Rizal Shrine without also capturing the high-rise condominium at its back," read the petition.

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

Calling it a "possible historic first," the group 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) cobstitutes treasure of the nation," under Section 14, 15, and 16, Article XIV of the 1987 Philippine Constitution.

Bad faith

The petitioner 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.

"Any act or activity endangering or diminishing the value of the nation's cultural heritage must be abated by the national government, even against the wishes of the local government," it said.

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 indescent clouds that once mesmerized the viewers of the monument will now be enjoyed by the owners of the said project, with a 360-degree view of the Luneta Park," it said.

Violations

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.

The petitioner also stressed that the project has already been found to have violated zoning restrictions by erecting the structure within an "institutional university cluster," reserved for schools and government buildings.

The tower also violates the floor-to-area ration of 4 allowed in the height restriction limit, meaning a building in the area should not be as tall as seven storeys. The 46-storey DMCI building however has a floor-to-area ratio of 7.79.

The petitioner described the 58-hectare Luneta Park as a "sacred ground in the historic struggle for freedom in this country." According to the group, the park, formerly known as Luneta de Bagumbayan due to its lunette shape embracing the old walled city of Manila, once served as a buffer zone to see attacks from the natives as well as an execution site for those who defied Spanish colonialism.

Online petition

In 2012, an online petition has been initiated by cultural activist Carlos Celdran against the condominium project. It was able to gather more than 4,000 signatures.
 
The Manila City Council responded to the petition and ruled to stop the construction and file a case against DMCI Homes for violating the city's Zoning Ordinance No. 8119.
 
This was, however, vetoed in April 2013 by then-Mayor Alfredo Lim, just before he was defeated by former President Joseph Estrada in the mayoralty race in May.
 
Celdran revived the online petition and has since gathered more than 8,000 signatures supporting the call for suspending DMCI Homes' building permit.

Last November, the city council passed a resolution calling for a temporary halt in the construction, saying it was not against the construction but merely wanted the building redesigned to complement the historical and cultural heritage in the area.

Upon checking the permits, the P1-billion Torre de Manila passed the qualifications — the area it was built on is a commercial area, not a historical one.

However, Manila City Planning and Development chief Danilo H. Lacuña, Jr. said that Torre de Manila violated the allowable floor area ratio.

The National Commission for Culture and Arts (NCAA), the National Historical Commission of the Philippines, the National Parks Development Committee (NCDP) and the National Museum all said that the City of Manila did not consult them regarding the building's construction. —KBK, GMA News