Manila gov’t to SC: Junk case vs Torre de Manila
MANILA, Philippines–The Manila City government has sided with the developer of Torre de Manila as it asked the Supreme Court to dismiss the petition of the Knights of Rizal seeking to stop construction of the condominium building.
In its comment filed recently in the high tribunal, the city government said the petition filed last year should be dismissed for lack of merit as the Knights of Rizal had no standing to challenge the case.
At the same time, it also defended the permits it issued to the developer, DMCI Homes.
“In the final analysis, the indubitable fact is that all permits, clearances and certificates granted to Torre de Manila by respondent City of Manila as well as those of the concerned regulatory agencies of the National Government are valid and remain official and legally binding,” the city government said.
The Supreme Court earlier made the city government one of the respondents in the case and required it to submit its comments.
In its eight-page submission to the court, the city government summed up the gist of the Knights of Rizal’s petition in a question: “Can Respondent City of Manila be ordered to revoke the Zoning and Building Permits issued to Respondent DMCI Homes for its Torre de Manila condominium project because of what petitioner sees as ‘an impending permanent desecration of a National Cultural Treasure that is the Rizal Monument’?”
But before giving its answer, it first questioned the authority of the group to push for the demolition of the condominium, which, according its critics, mars the sight lines of the Rizal Monument.
The city government claimed that the Knights of Rizal, established under Republic Act No. 646 to spread the ideals, teachings and example of the life of Dr. Jose Rizal, cannot represent or substitute for the National Parks Development Committee which was the true party of interest in the case.
“[All] its venerable gallantry, first in media and now on pleadings, unmistakably make the Knights nothing but a proud pretender to the rightful challenger which is a regular government agency particularly created for the development and maintenance of national parks like the Rizal Park,” the comment read.
In response to claims that the 46-story building mars the background and sight lines of the Rizal Park and Monument, the city government said that Torre de Manila was being built “well behind (some 789 meters away)” from the Rizal Monument and does not obstruct the frontal view of the statue.
“Torre de Manila does not distract, much less, desecrate the Rizal Monument or revile his memory,” the city government said.
It added: “Unobstructed viewing appreciation and photographic opportunities have not risen to the level of a legislated right or an imposable obligation in connection with engineering works or even cultural creations. The photographer (whether amateur or professional) simply has to take the shot from a different angle or curve.”
Finally, the city government said that the developers had complied with and gathered all the necessary permits and clearances before it started construction. And while the city government admitted that the building’s floor to area ratio—a measure of the building’s total surface area in relation to its height—exceeded zoning provisions in the area, this had been remedied with the grant of a zoning exemption ratified by the city council.
“In fine, Torre de Manila stands on private property. By law, the owner can build thereon subject to certain restrictions—structural design and capacity, type of construction, character of occupancy, easements, sanitation, proper lighting and ventilation,” it added.
