OSG firm on position vs Torre, drops NHCP as client

MANILA, Philippines - The Office of the Solicitor General stood by its position that the construction of the Torre de Manila condominium that ruins the iconic sight line of the monument of national hero Jose Rizal in Luneta Park violated the law.

In a five-page manifestation filed recently, Solicitor General Florin Hilbay has also dropped the National Historical Commission of the Philippines (NHCP) as its client in the Supreme Court (SC) case on the petition of Knights of Rizal seeking demolition of the controversial building due to their differences on this issue.

“The NHCP’s position cannot be accommodated without compromising the OSG’s statutory duty to articulate a legal argument that will best serve its ultimate client, the Republic… It is thus respectfully manifested that the OSG can neither represent the NHCP in this case, nor can it collaborate with the NHCP’s counsel,” read the pleading.

The OSG earlier submitted its position that there was no legal basis for the National Commission for Culture and the Arts (NCCA) to issue a cease and desist order (CDO) on the construction.

But in its position paper on July 30, Hilbay submitted to the SC their new argument that there was a legal basis to stop the construction of the condominium.

Hilbay told the high court that NHCP, including its chair Maria Serena Diokno, was informed of the change in OSG’s position.

Diokno has manifested with the SC that her agency dropped the OSG as its counsel in the case, tapping her brother and De La Salle University college of law dean Jose Manuel Diokno instead to represent them in the case.

She claimed that the OSG had earlier assured the NHCP that “it is cleared of any responsibilities” since there is no legal basis to compel the agency to issue a CDO to put an end to the construction of the building.

Hilbay, when asked about the issue, said his office is the “tribune of the people” that decides on how to handle cases in favor of the people.

He argued that the Rizal Monument – the obelisk, statue, and its sightline – should be taken and seen as an integrated unit that must be protected.

The SC is set to hold the fifth round of the oral arguments on Aug. 25, with the interpellation of the public respondents, the NCCA and the NHCP.