The controversial Torre de Manila. MARIANNE BERMUDEZ
Government lawyers have formally dropped the National Historical Commission of the Philippines (NHCP) as their client in the Torre de Manila case.
In a five-page manifestation submitted to the high court on Monday, Solicitor-General Florin Hilbay said they cannot accommodate NHCP’s position on the matter “without compromising the OSG’s (Office of the Solicitor General) statutory duty to articulate a legal argument that will best serve its ultimate client, the Republic.”
The Solicitor General represents government respondents National Commission for Culture and the Arts, the National Museum, and the NHCP.
NHCP’s letter dated Nov. 6, 2012 to DMCI stated that Torre de Manila is outside the boundaries of the Rizal Park and thus cannot possibly obstruct the frontview of the Rizal Monument.
The NHCP has already hired its own lawyer for the Torre de Manila case. The NHCP is the government arm tasked in preserving historical sites and structures.
The fallout between the two started when the OSG revised its stand on the case.
Earlier this year, the OSG said the monument is “not threatened with destruction or alteration by Torre de Manila.”
The government lawyer added that since the building is on a private property, government agencies such as NHCP cannot interfere on how it will be used unless there is a valid ground.
But the July 30 position paper by the OSG said Torre de Manila was in violation of Rizal Monument’s physical integrity because it obstructed its sight line.
“The OSG, as a matter of law, is tasked to represent the Government of the Philippines, its agencies and instrumentalities and its officials and agents in any litigation, proceeding, investigation or matter requiring the services of a lawyer.”
“However, this does not deviate from the fact that the OSG’s ultimate client is the Republic. Thus, when an agency, as an immediate client, recommends a position to the OSG that is contrary to the interests of the government, the OSG can decline representing the said agency,” the OSG’s manifestation stated. TVJ
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