SC gives green light to resume construction of Torre de Manila

The Supreme Court (SC) on Tuesday gave the green light for the resumption of the construction of the controversial Torre De Manila condominium that is allegedly ruining the sightline of the Rizal Monument in Manila.

Voting 9 to 6, the high tribunal dismissed the petition filed by the Order of the Knights of Rizal in September 2014 on four grounds, including lack of jurisdiction.

The SC also said the petitioners have no standing to sue and stand to suffer no injury, and that there is no law prohibiting the construction of the building owned by DMCI Homes Inc.

"As a consequence of the judgment rendered today, the TRO (temporary restraining order) issued by the Court is lifted," SC spokesman Theodore Te said.

Those who voted to dismiss the petition were Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio, and Associate Justices Presbitero Velasco, Lucas Bersamin, Mariano del Castillo, Bienvenido Reyes, Estela Perlas-Bernabe, Marvic Leonen, and Noel Tijam.

The dissenters were Associate Justices Teresita Leonardo-De Castro, DIosdado Peralta, Jose Mendoza, Francis Jardeleza, Benjamin Caguioa, and Samuel Martires.

DMCI Homes Inc. president Alfredo Austria welcomed the SC ruling.

"We thank the honorable Supreme Court for its decision. The waiting game is over and we can now service to the needs of our customers," Austria said in a statement.

For its part, the OKR said it respected the decision and thanked the public "for carrying this issue with us and for making the same as a test case for Philippine heritage for whatever the outcome would have been."

"The public support that was expressed in favor of our stand was an indication not only of the importance of the National Monument but also to the continued relevance and reverence our National Hero, Jose Rizal still enjoys. Beyond this, may we preserve the value of our national cultural treasures and remain to live the Rizal Way," it added.

Torre De Manila is a 49-storey building that has gained notoriety for marring the sight line of the Rizal Monument in Luneta.

In its petition, the OKR said DMCI acted in bad faith and violated Manila's zoning ordinance and other laws as well as existing guidelines on monuments.

It also said the development project would cause "permanent and monumental prejudice and injustice" to present and future generations of Filipinos.

The SC issued the TRO against the construction of the condominium in June 2015 and held oral arguments on the case.

During oral arguments, Carpio had already pointed out the absence of a law protecting the background of historical and cultural sites in the Philippines.

The Office of Solicitor General, legally representing the National Museum and the National Commission for Culture and the Arts, supported the OKR's call for demolition, arguing that the condominium impairs the physical integrity of the Rizal Monument.

The OSG insisted that the DMCI should either change the design of its controversial condominium or demolish a portion of it. — MDM, GMA News