By Perfecto T. Raymundo
MANILA, July 21 (PNA) — Atty. William Jasarino, counsel of the petitioners Knights of Rizal (KOR), on Tuesday admitted that the guidelines set by the National Historical Commission of the Philippines (NHCP) to protect the monuments of national heroes have no legal effect.
During the oral arguments before the Supreme Court (SC) en banc, Associate Justice Francis H. Jardeleza cited the argument submitted by DMCI, one of the respondents, that the “Guidelines on Monuments Honoring National Heroes, Illustrious Filipinos and Other Personages” of the NHCP have no “force of law” because the same was not published as an administrative rule.
Under the Administrative Law, the guidelines of government agencies should be published and recorded at the Office of the National Administrative Registry (ONAR).
The NHCP guidelines stressed that historical monuments should have “visual dominance”.
In reply, Jasarino admitted that indeed the NHCP guidelines have no legal effect because the same was not published.
Nevertheless, he argued that if the guidelines will be viewed on the aspect of moral conclusion, it should not be set aside.
Jasarino said that the NHCP guidelines should still be complied with because it was geared towards deepening the respect on heritage sites.
On the Venice Charter pertaining to the “International Charter for the Conservation and Restoration of Monuments and Sites”, it was found during the oral arguments, that the Philippines is not a signatory to the said agreement.
This prompted Jardeleza to ask, can the Venice Charter be implemented in the Philippines even if we are not a signatory to the agreement?
Jasarino replied in the affirmative in the sense that the Venice Charter has a good objective. (PNA)