RIZAL IN CONDO鈥橲 SHADOW The construction of the Torre de Manila, which mars the view of the Rizal Monument in Manila, continues despite calls from various groups to stop the building. EDWIN BACASMAS
MANILA, Philippines鈥揋roups opposed to the construction of a condominium within view of the Rizal Monument in Manila聽on Friday聽went to the Supreme Court to seek its complete demolition.
The Knights of Rizal (KOR) and Las Damas de Rizal Philippines, Inc. filed a petition before the high court seeking 鈥渢he immediate and complete demolition of Torre de Manila, a DMCI Homes project, to clear the view of the Rizal Monument and the Rizal Park for posterity.鈥�
The petitioners said they decided to go to the high court to prevent 鈥渢he permanent desecration of a National Cultural Treasure that is the Rizal Monument and a historical, political, socio-cultural landmark that is the Rizal park.鈥�
鈥淲e join hands with all other groups and citizens here and abroad in condemning this blatant disrespect to our heritage,鈥� said Las Damas president Amalia Rosales.
In its petition, the Order of the Knights of Rizal (KOR), which was established in 1911 and given legislative charter in 1951, asked the high court to issue a restraining order against the construction of the Torre De Manila condominium.
Torre De Manila is a 46-storey high rise residential condominium which is 30 meters away from its nearest point to the edge of Rizal Park, separated only by Taft Avenue and 789 meters away from the same nearest point to the Rizal Monument.
Once the project is fully completed, petitioners said it will 鈥渟tick out like a sore thumb, dwarf all surrounding buildings within a radius of two kilometers.
鈥淲orse, a completed Torre De Manila would forever ruin the sightline of the Rizal Monument in Luneta Park: Torre De Manila building would loom at the back and overshadow the entire monument, whether up close or viewed from a distance鈥oreover, the importance of the landmark that is the monument will be devalued,鈥� petitioners said.
鈥淭orre De Manila will surely destroy the scenic view of the Rizal monument, which serves as the symbol of our great race and unique image of our nation, as well as the Rizal Park,鈥� petitioners said in a statement.
鈥淭he monument is the identifying mark of our country鈥檚 irreplaceable greatness where all foreign dignitaries, state visitors and the like pay homage and offered respect thereof,鈥� the petitioner said.
Petitioners said the project 鈥榙espoils a National Culture Treasure鈥� and violates several laws including Republic Act 4846 or the Cultural Properties Preservation and Protection Act and Republic Act 10066 or the National Cultural Heritage Act of 2009 which provides for the protection and conservation of the National Cultural Heritage.
They added that the 1987 Constitution itself requires the conservation, promotion of the country鈥檚 historical and cultural heritage.
Petitioners added that the project is also considered a nuisance as stated under Article 694 of the Civil Code of the Philippines because it 鈥渁nnoys or offends the senses; or shocks, defies or disregards decency or morality.鈥�
The project, KOR said, deprives the monument the attributes of light and view that bestow it with grandeur stripping away part of the ambiance that Filipinos have enjoyed for the past hundred years.
鈥淭he despoliation of the sight view of the Rizal monument is a situation that 鈥榓nnoys or offends the senses鈥� of every Filipino who honors the memory of the national hero Jose Rizal,鈥� KOR petition said adding that 鈥渋t deserves to be abated summarily, even without need of judicial proceeding.鈥�
Petitioners added that the construction is also in direct violation against Manila鈥檚 zoning law under Ordinance No. 8119. The building鈥檚 maximum gross-floor-area-to-area-of the-plot ratio is 7.79 but the law only allows 4.
KOR told the high court, the sooner a restraining order is issued, the less damage to DMCI Homes Inc. (DMCI) which will be spared from putting in money on the construction.
Senator Pia Cayetano, who chairs the chamber鈥檚 Committee on Education, Arts and Culture, also initiated an investigation into how DMCI was granted a permit to build the high-rise despite zoning restrictions.
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