KNIGHTS OF RIZAL, PETITIONER VS. DMCI HOMES, INC., DMCI PROJECT DEVELOPERS INC., CITY OF MANILA, NATIONAL COMMISSION FOR CULTURE AND THE ARTS, NATIONAL MUSEUM AND NATIONAL HISTORICAL COMMISSION OF THE PHILIPPINES, RESPONDENTS
FACTS:
On September 1, 2011, DMCI Project Developers Inc., (BMCI-PDI) acquired a 7,716.60 sq m. lot in the City of Manila, located near Taft Avenue, Ermita, beside the former Manila Jai-Alai Building and Adamson University. The lot was earmarked for the construction of DMCI-PDI's Torre de Manila condominium project.
The City of Manila granted DMCI-PDI a Building Permit, allowing it to build a "Forty-Nine (49) Storey with Basement & 2 penthouse Level Residential/condominium" on the property.
On July 24, 2012, the City Council of Manila issued Resolution No. 121 enjoining the Office of the Building Official to temporarily suspend the building permit of DMCI-PDI, citing among others, that "The Torre de Manila Condominium, based on their development plans, upon completion, will rise up high above the back of the national monument, to clearly dwarf the statute of our hero, and with such towering heights, would certainly ruin the line of sight of the Rizal Shrine from the frontal Roxas Boulevard vantage point".
Building Offical Mr. Balagot sought the opinion of the City Legal officer on whether he is bound to comply with Resolution No. 121. The City Legal Officer responded, that there is "no legal justification for the remporary suspension of the Building Permit issued in favor of DMCI-PDI" since the construction "lies outside the Luneta Park" and is "simply too far to be repulsive distraction or have an objectionable effect on the artistic and historical significance" of the Rizal Monument. He also pointed out that "there is no showing that the subject property has been officially declared as an anthropological or archeological area. Neither has it been categorically designated by the National Historial Institute as a heritage zone, a cultural property, a historical landmark or even a national treasure.
Subsequently, both the City of Manila and DMCI-PDI sought the opinion of the National Historical Commission of the Philippines (NHCP) and the latter maintained that the Torre de Manila project site is outside the boundaries of the Rizal Park and well to the rear of the Rizal Monument, and thus, cannot possibly obstruct the frontal view of the National Monument.
An online petition against the Torre de Manila project garnered about 7800 signatures.
On September 12, 2014, the KOR, a "civic, patriotic, cultural, nonpartisan, nonsectarian and non-profit organization" created under RA No. 646, filed a Petition for Injunction seeking a temporary restraining order, and later a permanent injunction, against the construction of DMCI-PDI's Torre de Manila condominium project. The KOR argues that the subject matter of the present suit is one of "transcendental importance, paramount public interest, of overarching significance to society, or with far-reaching implication" involving the desecration of the Rizal Monument".
The assertions of KOR are more or less the same with the Resolution issued before by the City Council of Manila. The completed Torre de Manila will "stick out like a sore thumb, all surrounding buildings within a radius of two kilometres" and "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".
KOR contends also that the project is nuisance per se because "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. It is a present, continuing, worsening and aggravating status or condition. Hence, the PROJECT is a nuisance per se. It deserves to be abated summarily, even without need of judicial proceeding".
ISSUE:
Whether or not the Court can issue a writ of mandamus against the officials of the City of Manila to stop the construction of DMCI-PDI's Torre de Manila project.
RULING:
The petition for mandamus lacks merit and must be dismissed.
There is no law prohibiting the construction of the Torre de Manila.
In the case of Manila Electric Company v. Public Service Commission, the Court held that "what is not expressly or impliedly prohibited by law may be done, except when the act is contrary to morals, customs and public order".
In this case, there is no allegation or proof that the Torre de Manila project is "contrary to morals, customs and public order" or that it brings harm, danger or hazard to the community. On the contrary, the City of Manila has determined that DMCI-PDI complied with the standards set under the pertinent laws and local ordinances to construct its Torre de Manila project.
There is one fact that is crystal clear in this case. There is no law prohibiting the construction of the Torre de Manila due to its effect on the background "view, vista, sightline or setting" of the Rizal Monument.
The Rules are clear that mandamus only issues when there is a clear legal duty imposed upon the office or the officer sought to be compelled to perform an act, and when the party seeking mandamus has a clear legal right to the performance of such act.
The Constitution also provides that " no personal shall be deprived of life, liberty or property without due process of law". It is a fundamental principle that no property shall be taken away from an individual without due process, whether substantive or procedural. The dispossession of property, or in this case, the stoppage of the construction of a building in one's own property, would violate substantive due process.
In the present case, nowhere is it found in Ordinance no. 8119 or in any law, ordinance, or rule for that matter, that the construction of a building outside the Rizal Park is prohibited if the building is within the background sightline or view of the Rizal Monument. Thus, there is no legal duty on the part of the City of Manila "to consider", in relation to the applications of DMCI-PDI for the Torre de Manila since under the ordinance these standards can never be applied outside the boundaries of Rizal Park.
WHEREFORE, the petition for mandamus is DISMISSED for lack of merit. The Temporary Restraining Order issued by the Court is LIFTED effective immediately.
No comments:
Post a Comment