By Perfecto T. Raymundo Jr.
MANILA, Sept. 16 (PNA) — The Supreme Court (SC) on Tuesday deferred action on the petition seeking to stop the ongoing construction of the Torre De Manila and order its demolition.
”The Court deferred action on the reliefs sought by petitioner in the Petition for Injunction with Application for Temporary Restraining Order, Writ of Preliminary Injunction and Others,” SC Public Information Office (PIO) chief and Spokesman Atty. Theodore O. Te said in a press conference.
”No reasons given,” Te added.
In its petition, the Knights of Rizal (KOR) asked the SC to issue a restraining order (TRO) 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.
The petitioners said that once the project is fully completed, it will “stick out like a sore thumb, dwarfing all surrounding buildings within a radius of two kilometers.
“Worse, 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…Moreover, the importance of the landmark that is the monument will be devalued,” the petition said.
“Torre 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,” it added.
“The monument is the identifying mark of our country’s irreplaceable greatness where all foreign dignitaries, state visitors and the like pay homage and offered respect thereof,” the petition said.
The petitioners argued that the project “despoils a National Culture Treasure” and violates several laws including Republic Act No. 4846 or the “Cultural Properties Preservation and Protection Act”, and RA No. 10066 or the “National Cultural Heritage Act of 2009”, which provides for the protection and conservation of the National Cultural Heritage.
They said that the 1987 Constitution itself requires the conservation, promotion of the country’s historical and cultural heritage.
They added that the project is also considered a nuisance as stated under Article 694 of the Civil Code of the Philippines because it “annoys or offends the senses; or shocks, defies or disregards decency or morality.”
The KOR further argued that the project 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.
“The despoliation of the sight view of the Rizal monument is a situation that ‘annoys or offends the senses’ of every Filipino who honors the memory of the national hero Jose Rizal,” the petition said.
“It deserves to be abated summarily, even without need of judicial proceeding,” it added.
The petitioners further argued that the construction is also in direct violation against Manila’s zoning law under Ordinance No. 8119.
They noted that the building’s maximum gross-floor-area-to-area-of the-plot ratio is 7.79 but the law only allows 4.
The KOR added that the sooner a restraining order is issued, the less damage to DMCI Homes, Inc. (DMCI) which will be spared from putting in more money on the construction. (PNA)