Rizal won’t mind Torre behind his monument – NHCP

MANILA, Philippines - Would national hero Dr. Jose Rizal himself mind the construction of the Torre De Manila Condominium behind his monument?

The National Historical Commission of the Philippines (NHCP) does not think so.

De La Salle University College of Law dean Jose Manuel Diokno, who represents NHCP chair Maria Serena Diokno, told the Supreme Court (SC) in the sixth and final part of the oral arguments on the petition of Knights of Rizal that the national hero was so humble he wanted a simple tomb.

“Jose Rizal would not want to be glorified after his death… (he) would be confounded,” the law dean told the justices, citing the hero’s letter to his sister.

 “All he asked for was a stone or a fence. I can hear (him) say that we have much bigger problems,” Diokno said.

Senior Associate Justice Antonio Carpio highlighted Rizal’s dying wish during interpellation.

“His dying wish was to face east. Right now Rizal Monument is facing west, we still deny him his dying wish, right?” the magistrate asked, to which Diokno responded with a “yes.”

Contrary to the position of petitioners and the Office of the Solicitor General, which was supposed to represent the NHCP in the case, Diokno argued that developer DMCI Property Development Inc. did not violate the law in building the 49-story building.

“Physical integrity refers only to the material body of the monument. Constitutional provisions do not include protections of sight lines. Review of international charters on heritage conservation does not include sightlines and there is a need to review words,” he said.

The law dean further said there is no existing law or ordinance protecting the sight line or visual corridor in the country and that there is only a pending bill in Congress for such a purpose.

His sister, NHCP chair Diokno, was then asked to take the podium. She passed on the issue on legality of the permits for the buildings to the city government, saying her office’s approval was only recommendatory.

“The property of Torre De Manila is not part of Rizal Park and well beyond. NHCP has been very strict on constructions on the park. But the property being constructed is well outside, 450 meters from Taft Avenue where legal buffer zone is five meters,” she said.

Chief Justice Ma. Lourdes Sereno, for her part, cited the Ninoy Aquino monument at Ayala triangle in Makati and the EDSA Shrine of Our Lady of Peace.

Diokno said she herself was puzzled why there was no similar objection to the construction of buildings around those historical sites.

“The practice is every town or municipality should take into account important landmarks and structures. I myself am taken aback that a mall was built beside the (EDSA Shrine), but no one has complained,” she said.

The SC concluded the oral arguments after six hearings. The parties were ordered to submit their respective memoranda in 20 days before the high court resolves the case.