30-story condo project in Sta. Ana halted

MANILA, Philippines–The community of Sta. Ana in Manila has been given a reprieve from the construction of a high-rise condominium development in the district, which, according to residents, is damaging the area’s historical, cultural and archaeological significance.

The National Commission for Culture and the Arts (NCCA) issued on Oct. 7 a cease and desist order (CDO) against CDC Holdings Inc., directing it to stop work on the Manila River Green Residences, a planned 30-story condominium complex near the heart of the protected Sta. Ana Histo-Cultural Heritage Overlay Zone.

NCCA legal counsel Trixie Angeles said the order was addressed to Melissa Chua, president of the property firm based in Legazpi Village, Makati City, and signed by NCCA hearing officer George Ahmed Paglinawan.

“Failure to comply with this mandate is a criminal offense under Republic Act 10066,” the order said, referring to the National Cultural Heritage Act of 2009 which prohibits construction or real estate development on heritage sites and other historically, culturally and archaeologically significant areas, such as Sta. Ana, without proper approval from government agencies.

Sought for comment, CDC said that it had complied with the order.

On the other hand, the Santa Ana Heritage Tourism Association composed of residents who had banded together to ensure the cultural and historical protection of the area, welcomed the development. The group has continuously opposed the project, claiming that work began even without the necessary permits and mandatory archaeological surveys.

“Santa Ana won this battle… But the fight isn’t over yet. It is to be expected that CDC Holdings will seek a zoning exemption. Vigilance is needed,” the group said on its Facebook page.

In issuing the cease and desist order, the NCCA said that the area was a heritage site that was host to many archaeological finds which could be threatened with the construction of the condominium. The CDC is building two 30-story condominium buildings in the district.

“The construction of the high-rise building by CDC Holdings Inc. on P. Gil Street lies well within the archaeological buffer zone,” the NCCA noted. “It is necessary to determine long-term effects [on] both the heritage zone and the archaeological site [as these were not studied] prior to planning and construction…”

In a statement, however, the CDC said the cease and desist order was illegal as the NCCA’s jurisdiction was limited only to world heritage sites and works of national artists. It added that the site where the condominium would be built did not fall under any of the two categories.

“The NCCA issued the CDO without notice and hearing afforded to CDC Holdings and was signed by an individual who is not an organic employee of the NCCA. The property of CDC Holdings is outside the heritage zone and buffer zone declared by the National Historical Commission of the Philippines (NHCP). Hence, there is no legal basis for the NCCA or any other cultural agency to issue a cease and desist order over the property,” it added.

The CDC reiterated that, as a “legitimate and responsible developer of housing condominium units,” it secured all the necessary local government permits for the project which, it stressed, was also cleared by the National Museum.

“Rest assured that we are one with NCCA and the Santa Ana Heritage Tourism Association in preserving our culture and heritage. Hence, CDC Holdings Inc. is complying with the recommendations stated in the clearance provided by the National Museum … for its River Green Residences project,” the statement added.

Construction in Sta. Ana is strictly being regulated as it is protected by local and national laws. It was declared a heritage zone by the NHCP in May this year after it was subjected to regulations under RA 10066. Meanwhile, the Manila City Council in 2011 enacted an ordinance declaring Sta. Ana a histo-cultural heritage overlay zone and a protected area.

As a result, any new building must not exceed the height of the tallest heritage structure in the area which is the Sta. Ana Church. Modifications to private property are also being regulated.

The district has a rich history, being the oldest settlement along the Pasig River.