After cultural activists scrutinized the construction and development projects of Ayala Land Inc.'s Amaia Land and D.M. Consunji Inc. (DMCI), Manila City officials claimed the companies’ respective projects violated the city’s Zoning Code. The Manila City Council held its second public hearing Friday on the construction of DMCI's Torre de Manila close to the monument of national hero Jose Rizal in Rizal Park and Ayala Land's Amaia Skies Santa Ana Condominium. City officials say both developers failed to send representatives for the second time, despite having been served a one-week notice. Councilor Ernesto Isip, chair of the committee on laws and spokesperson of Manila City Council told GMA News Online in a phone interview that DMCI and Ayala Land have violated Section 22 and Section 47 of Ordinance 8119, also known as the Manila Comprehensive Land Use Plan. Section 22 regulates the use of Histo-Cultural Heritage/Overlay Zone (O-HCH), or "areas containing registered historical or cultural heritage that deserve special consideration for protection and conservation." On the other hand, Section 47 oversees the development of historic sites and facilities by establishing historical preservation and conservation standards. There is no violation However, an official of Amaia Land, who requested anonymity, denied they violated any law. In a statement sent to GMA News Online he noted, "Amaia has not begun to physically develop the property nor does it have any pending applications for permits for the project; thus it is not in violation of any law." Moreover, the company is only at its initial phase of evaluation. "We are only in the conceptual and feasibility stage of the project and still in the process of evaluating the information regarding the site," he added. As of this posting, no official statement has been released by DMCI, despite efforts by GMA News Online to get their side on this matter.
Unlike the Amaia Skies Santa Ana project, DMCI's
Torre de Manila is way past conceptualization phase. The project profile, floor plans and other
details of the Torre de Manila are posted on the DMCI Homes website.
Sought for comment, DMCI marketing manager Jan Penturanza could only say that the property development unit of listed firm DMCI Holdings "is monitoring the situation."
The
building plans of the Torre de Manila has a link on the website, but when the supposedly 738 kilobyte file is downloaded and is opened, there are no pages to open.
The website also has a section wherein a posted photograph of a night time perspective view of the Rizal Shrine shows the planned DMCI high rise as the only structure jutting out from the horizon in the background of the Rizal monument.
Zoning ordinance
"Following our zoning ordinance, Torre de Manila is only allowed a maximum floor area ratio of 4. However, if we calculate it based on their plans, we're going to arrive at 7.79," Isip explained. Moreover, he said the planned high-rise condominium is located inside the Institutional University Cluster, which imposes a maximum floor area ratio of 4, and maximum percentage of land occupancy of 0.6. The floor area of Torre de Manila, a planned 41-story condominium, is approximately 66,256 sqm. Each floor is estimated at 1,616 sq m. "The same goes for Amaia Skies Santa Ana. It's only allowed a maximum floor area ratio of four. But following their lot plan, it's going to reach a floor area ratio of sixteen," Isip said. He said that Amaia Skies Santa Ana, a proposed 30-story condominium, is located inside a residential or mixed-use area, which imposes a maximum floor area ratio of 4, and maximum percentage of land occupancy of 0.6. The 30-story condominium is estimated at 72,000 sqm with 1,200 sqm per floor. The resolution to investigate DMCI and Ayala Land was authored by Councilor Joy Dawis Asuncion, also a professional architect.
NHCP: Preserve the setting, building height matters
While the Manila councilors focus their attention on floor area ratios, the
guidelines of the National Historical Commission of the Philippines on monuments honoring national heroes gives particular emphasis on building height, vista points, visual corridors, the preservation of settings, and urge local governments to put in place and carry out the implementing laws.
"Height of buildings surrounding or in the immediate vicinity of the monument/site should be regulated by local building code regulation or special local ordinance to enhance the prominence, dominance and dignity of the monument, more importantly, the national monuments," according to the NHCP guidelines.
The NHCP guidelines also point out that "setting is not only limited with the exact area that is directly occupied by the monument, but it extends to the surrounding areas whether open space or occupied by other structures as may be defined by the traditional or juridical expanse of the property."
The same
guidelines also cite Article 6 of the International Charter for the Conservation and Restoration of Monuments and Sites which provides that the "conservation of a monument implies preserving a setting, which is not out of scale. Wherever the traditional setting exists, it must be kept. No new construction, demolition or modification, which would alter the relations of mass and color, must be allowed."
Cultural activist Carlos Celdran welcomed the good news, and asserted the importance of protecting the heritage. "This just sends a message that people are more aware of their heritage, that people are becoming more vigilant. Businesses can't just bully their way around," he in a separate phone interview with GMA News Online. "They say we're anti-business. No, we're just looking for a better deal," he added. Celdran advised businesses to go online and tune in to people’s sentiments. "Businesses need to listen, especially to people in social networking sites," he said.
'Due process' was served Vice Mayor Isko Moreno noted the Manila City Council has extended to DMCI and Ayala Land the opportunity to hear their side of the story. "The head of the committee gave an invitation twice but they declined to attend. Sila ang hindi nagpunta. Due process has already been served," Moreno told GMA News Online in separate a phone interview. "Tayo Ilagay lang natin sa lugar. If these people violate ordinances, hindi pwedeng ituloy. Ganun kasimple," Moreno added. Councilor Joel Chua, chair of the committee on oversight, also carried the same sentiment. "Feeling namin, may bad faith on their part. They just want to delay it. We're concluding the public hearing," Chua said. "A committee report on the findings of the oversight committee with respect to the violation of DMCI and Ayala Land will be submitted to the City Council on July 3 for deliberation," he added. —
VS/ELR, GMA News 
GMA Brandtalk
Tracking
Archives
