SC allows Torre de Manila construction to continue

MANILA, Philippines -  “Photo bomber” or not, the towering structure under construction in the background of the monument in Rizal Park in Manila will stay.

Voting 9-6, the Supreme Court in summer session in Baguio City yesterday dismissed the 2014 petition of the Knights of Rizal (KOR) seeking the demolition of Torre de Manila of DMCI Homes for supposedly ruining the background of the Rizal monument, in violation of the law on heritage landmark protection.

The high court lifted the temporary restraining order (TRO) it issued in June 2015 that stopped the construction of the condominium.

In its ruling, the SC said there is no law prohibiting the construction of the building.

The high tribunal rejected the argument of KOR that DMCI violated several laws mandating the protection and preservation of the Rizal Monument by defacing the visual corridors of the monument.

Petitioner had cited Republic Act No. 4846 (Cultural Properties Preservation and Protection Act), RA 7356 (law creating the National Commission on Culture and the Arts) and RA 10066 (National Cultural Heritage Act of 2009 or an Act Providing for the Protection and Conservation of the National Cultural Heritage) as the laws violated by DMCI.

The SC also junked the petition on technical grounds, citing its lack of jurisdiction on the issues raised in the petition as well as the lack of legal standing of the KOR to question the construction of Torre de Manila before the Court.

Senior Associate Justice Antonio Carpio penned the majority decision with eight magistrates concurring – Chief Justice Ma. Lourdes Sereno and Associate Justices Presbitero Velasco Jr., Lucas Bersamin, Mariano del Castillo, Bienvenido Reyes, Estela Perlas-Bernabe, Marvic Leonen and Noel Tijam.

Six justices dissented from the decision – Associate Justices Teresita Leonardo-de Castro, Diosdado Peralta, Jose Mendoza, Francis Jardeleza, Alfredo Benjamin Caguioa and Samuel Martires.

The copies of the main decision and concurring and dissenting opinions were not immediately released pending completion of signatures by the justices.  

The petition was filed in September 2014 and subjected to oral arguments in August 2015. DMCI immediately welcomed the ruling.

“Moving on, we will immediately resume construction to finally end the undue suffering of our stakeholders, most especially our workers and future residents who depended on our commitment to complete the project,” DMCI Homes said in a statement. 

The developer said it would “immediately advise its customers and future residents on the updated construction timeline since the initial target completion date has been critically affected by the long-standing TRO.”

DMCI has persistently asked the high court to resolve the case and lift the TRO it issued on the completion of the 49-story building in June 2015, citing business losses and damages to third parties – especially buyers of units in the condominium.

The developer asked the SC to dismiss the petition, which could cost about P4.27 billion in capital investments and unrealized profits, if granted by the court. It said it had already spent P1.28 billion for the construction of the condominium as of May 2015.

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

The KOR, for its part, said it respects the decision and found consolation in the public support it received for its cause.

“We thank the public for carrying this issue with us and for making the same as a test case for Philippine heritage for whatever the outcome would have been,” the group said in a statement.

“The public support that was expressed in favor of our stand was an indication not only of the importance of the national monument but also to the continued relevance and reverence of our national hero,” it added.      

Manila Mayor Joseph Estrada also welcomed the SC decision. “The SC decision is most welcome. It will be an additional income to the city government,” he told The STAR over the phone.

National Commission for Culture and the Arts chairman Virgilio Almario declined to comment on the development, saying he had not yet received a copy of the SC ruling. Evelyn Macairan, Jose Rodel Clapano