MANILA, Philippines–The National Commission for Culture and the Arts (NCCA) has jumped the gun on the Supreme Court by ordering a halt to the construction of Torre de Manila, a 49-story condominium which, when completed, will mar the vista or visual corridor of the Rizal Monument, according to critics.
In a cease and desist order (CDO) signed by NCCA Chair Felipe de Leon dated Jan. 5, DMCI Homes—builder of Torre de Manila—was ordered to stop work on the project indefinitely.
“The National Commission for Culture and the Arts directs DMCI Homes, Inc., to cease and desist from constructing the high-rise condominium Torre de Manila located on or around Taft Avenue, Manila, until such time as the commission can make the declaration of whether or not there is actual destruction and if such destruction warrants a permanent cease and desist order,” the order, a copy of which was obtained by the Inquirer, read.
“Failure to comply with this mandate is a criminal offense under Republic Act 10066,” it added, referring to the National Cultural Heritage Act of 2009 which authorizes government cultural agencies to stop any construction project that could affect the physical integrity of national cultural treasures such as Rizal Park and monument.
At press time, the Inquirer was still trying to reach DMCI for comment. According to the firm’s web site, the building is 30.7 percent completed as of Dec. 19, with structural work ongoing on the 32nd floor.
The one-page order addressed to DMCI Homes founder David Consunji was delivered by NCCA officers to the construction site on Taft Avenue, as well as the company’s office in Bangkal, Makati, on Tuesday afternoon.
In issuing the CDO, the NCCA cited how Torre de Manila had affected the sight line of the Rizal Monument.
“The construction of the condominium tower destroys or significantly alters the landscape of the monument and the park,” it said.
Along with the order, culture officers also served Consunji with a notice to appear at a Jan. 28 hearing at the NCCA headquarters in Intramuros where the CDO against his company would be discussed.
The CDO was issued by the NCCA despite a pending case filed by the Knights of Rizal in September which urged the Supreme Court to stop the condominium’s construction.
Officials at the agency, however, said that the CDO does not interfere with the case filed in the high tribunal as it was issued on the NCCA’s initiative.
Asked why the order was issued only now, the officials, who declined to be named for lack of authority to discuss the matter, explained that it was just recently that the three cultural agencies of the government—the NCCA, National Historical Commission of the Philippines and National Museum—agreed on who has jurisdiction over Rizal Park and the Rizal Monument as far as the Torre de Manila case was concerned.