Torre de Manila demolition pushed

THE Solicitor-General on Tuesday pushed for the demolition of the controversial Torre de Manila for violating not only the local laws but the Constitution.

In a 46-page memorandum dated September 21, Solicitor-General Florin Hilbay said “an order of demolition is a natural consequence of the finding that the Torre de Manila was built in violation of national and local laws.”

Hilbay said the Rizal Monument is legally protected since it forms part of the “cultural commons of the Republic.”

“The Constitution declares that all the country’s artistic and historical wealth constitutes the cultural treasure of the nation and shall be under the protection of the State. The accompanying mandate is for the State to conserve, promote and popularize the nation’s historical and cultural heritage,” he said adding that even if there is no statute, the constitutional mandate to protect the country’s cultural heritage, including the Rizal Monument, still exists.

“Thus, as a matter of principle, even in the absence of a statute, the constitutional mandate to protect the country’s historic wealth and conserve the nation’s historical and cultural heritage exists in relation to the Rizal Monument, a cultural artifact that is undoubtedly part of the cultural treasure of the nation,” he said.

The Solicitor-General represents the National Museum and the National Commission for Culture and the Arts (NCCA).

The government lawyer said demolition should not be at the expense of the government.

Hilbay added that the high court could order the City of Manila to cause Torre de Manila’s demolition.

“In particular, the Honorable Court may require the City Mayor of Manila: (1) to require DMCI to make necessary changes in the construction of the Torre de Manila or (2) to demolish the same to the extent that it impairs the sightline of the Rizal Monument,” Hilbay added.

The government’s argument is contained in a memorandum submitted to the Supreme Court following six oral arguments. Tetch Torres-Tupas