This was the reaction yesterday of Melchor Monsod, Manila City Legal Officer to the claim of the National Historical Institute (NHI) that it possessed "new proof" that Mehan Garden has been declared a historical site way back in 1934.
In a press statement, Monsod explained that the NHI had brought out the alleged "proof" in the past, consisting of supposed minutes of the meeting of the Philippine Historical Research and Markers Committee recommending the placement of a marker at the area, which the NHI also claims was approved by Governor-General Frank Murphy of the American colonial government in the country.
"Assuming that there was indeed a marker placed there, which we contend there was none, what is the legal implication? None, because there was no law at that time that laid out the process to be followed in declaring a place a historical site as well as its impact on the rights of legitimate owners," Monsod explained in disputing NHI’s claim that the Mehan Garden has been declared a historical site.
He added that assuming further that the NHI is correct in claiming that the whole area covered by what was once known as Jardin Botanico has been legally declared a historical site, the NHI should have objected to edifices constructed in recent times.
"The Post Office was reconstructed after the Second World War. Liwasang Bonifacio was established. A pedestrian underpass connecting Intramuros, Liwasang Bonifacio and the Metropolitan Theater were constructed. The Municipal Golf Course, now known as the Intramuros Golf Course, was established. The LRT Central Station was also constructed beside the present Mehan Garden. All these were covered by what was known as the Jardin Botanico. Why was the NHI silent on all these structures? This gives credence to the suspicion that the actual targets are Mayor Atienza’s development projects," Monsod pointed out.
Monsod further said that the controlling law on the legal declaration of areas in the country as historical or cultural sites is R.A. 4846, which provides for the protection and preservation of Philippine cultural properties, and without observing due process, as well as P.D. 260, which declared certain areas as national shrines, monuments and landmarks, and P.D. 1505, prohibiting the unauthorized modification, alteration, repair and destruction of the original features of national shrines, monuments and landmarks enumerated in P.D. 260.
"They (NHI) have been making all these claims and have been presenting supposed evidence to support their position. For our part, our position is simple – Basa street and the asphalted and concreted parking lot beside it, which is the site of the Park N Ride project, and Mehan Garden, are properties titled to the City of Manila. We are also of the position that these have not been legally declared as historical sites. If they are disputing our right to use the said properties, then they should just go to court," he declared.