MANILA, Aug. 11 (PNA) — The interpellation by Senior Associate Justice Antonio T. Carpio on Atty. Victor Lazatin, counsel of DMCI Homes, on Tuesday revolved on the principle of “What is not prohibited by law is allowed.”
The DMCI is the contractor of the controversial Torre de Manila.
Carpio explained that on the issue of property involving the case of Torre de Manila and under the law, if an individual is denied his right to a property, it should undergo a “substantive and procedural due process.”
In the aspect of substantive due process, Carpio said, there should be a law that paves the way for the demolition of Torre de Manila.
Likewise, Carpio said, if Torre de Manila will be demolished, it should be based on the “police power” of the State or the power of “eminent domain or expropriation.”
However, he said that in order to invoke the police power, there should be a particular law which the construction of Torre de Manila is violating.
Lazatin replied that Torre de Manila is not violating any law because there is still no law which protects the “sightline or vista” of a historical structure.
Because of this, Carpio again insisted on the legal principle that “what is not prohibited by law is allowed.”
And because there is still no particular law which protects the sightline and the permits in the possession of DMCI for the construction of the 49-storey Torre de Manila are complete, Carpio and Lazatin were of the same view that there is no legal basis to stop the construction of the condominium building. (PNA)