DMCI asks SC to lift TRO on Torre de Manila

MANILA, Philippines - The developer of the controversial Torre de Manila condominium that allegedly ruins the iconic sight line of the Rizal monument in Manila has asked the Supreme Court to lift its temporary restraining order (TRO) against the project.

In a 24-page position paper filed recently, the DMCI Project Developers Inc. also asked the high court to dismiss the petition filed by the Knights of Rizal seeking to demolish the 49-story building.

The DMCI told the SC that it stands to lose about P4.27 billion in capital investments and unrealized profits, including the P1.28 billion it already spent for the construction of the condominium as of last May 31, should the court grant the petition.

It warned that granting the petition would create a dangerous precedent and result in “economic havoc,” pointing out high-rise buildings surround many monuments in Metro Manila and other parts of the country.

For instance, DMCI cited the roundabout at the monument of Andres Bonifacio in Caloocan City where an SM supermarket and other buildings stand; the Bonifacio monument on JP Rizal street in Makati City where several high-rise condominiums and commercial buildings have been put up, as well as other monuments such as the EDSA Shrine in Ortigas Center, Liwasang Bonifacio in Ermita, Manila, the Ninoy Aquino Monument in Makati City, the Rizal monument in Zamboanga City, the statue of Arsenio Lacson in Plaza Sta. Cruz in Manila, and the monument of Gen. Pio del Pilar in Makati City.

“A ruling directing the demolition of Torre de Manila will have the practical effect of evicting thousands of residents of high-rise condominiums, knocking down malls and public markets and tearing down banks, hospitals and other industries crucial to business and the national economy,” it explained.

It further argued that a ruling for the destruction of Torre de Manila would constitute taking of private property for public use, which would require payment of just compensation.

The Consunji-owned firm also argued that the petition was “high on political drama but short on the facts and the law” and had no legal basis.

“Torre de Manila is a legitimate residential condominium project that was demonized in the media as a ‘photobomb’ that would mar the view of the Rizal monument. However, the concept of ‘photobombing’ in relation to national monuments and shrines is not in the law. Buildings and high-rises, including those around public monuments, are inevitable in metropolitan areas because of the increase in population and the lack of available space,” it stressed.

DMCI contested the allegations of petitioner that Republic Act 10066 (National Cultural Heritage Act of 2009), RA 4846 (Cultural Properties Preservation and Protection Act) and RA 7356 (National Commission for Culture and the Arts Act), which all protect the background or backdrop of any historical or cultural property, were violated by its project.