Manila Historical and Cultural Monuments Preservation and Protection” Ordinance S E N A T E P.S. RES NO. 824 Introduced by SENATOR PIA S. CAYETANO SIXTEENTH CONGRESS OF THE REPUBLIC ) OF THE PHILIPPINES ) Second Regular Session A RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEE TO LOOK INTO, IN AID OF LEGISLATION, THE CONSTRUCTION OF THE TORRE DE MANILA CONDOMINIUM IN THE CITY OF MANILA WHEREAS, the Rizal Monument in the City of Manila showcases the 100- year-old bronze statue “Motto Stella” (Guiding Star), the granite base of which contains most of Rizal's remains; WHEREAS, this Monument was first unveiled for public viewing more than a century ago on December 30, 1913; WHEREAS, in 1966, in an illustration of true bayanihan spirit, Filipinos of different statures contributed financially from a few pesos to several thousand pesos to aesthetically improve the areas surrounding the Monument and further enhance its historical significance; WHEREAS, on 14 November 2013, the National Museum issued Museum Declaration 9-2013 for the Declaration of the Monument to Dr. Jose Rizal in Rizal Park, City of Manila as a National Cultural Treasure; WHEREAS, on 31 December 2013, the Monument was declared a National Cultural Treasure by the National Museum of the Philippines; WHEREAS, our Constitution in Art. XIV Section 15 states that: “The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations”; WHEREAS, Republic Act No. 4846, otherwise known as the “Cultural Properties Preservation and Protection Act” defines a “National Cultural Treasure” as “a unique object found locally, possessing outstanding historical, cultural, artistic and/or scientific value which is highly significant and important to this country and nation”; WHEREAS, Republic Act No. 10066 or the National Cultural Heritage Act of 2009 lays down guidelines for local government units in maintaining a heritage zone, which involves maintaining the “appearance of streets, parks, monuments…as close to their appearance at the time the area was of most importance to Philippine history as determined by the National Historical Institute”; WHEREAS, Republic Act No. 7160 or the Local Government Code of 1991 authorizes among others, Local Government Units (LGUs) to prepare their comprehensive land use plans by enacting zoning ordinances, which shall be the primary and dominant bases for the future use of land resources;WHEREAS, City Ordinance No. 8119 or the Manila Comprehensive Land Use Plan and Zoning Ordinance of 2006 enacted regulatory measures that will guide and control the development in the City of Manila, including the construction of buildings and protection of historic-cultural sites; WHEREAS, early this year, the David M. Consunji Incorporated (DMCI) Homes started the construction of Torre de Manila Condominium, a 46-storey residential building with a floor-area ratio of 7.79, located between Rizal Park and Adamson University; WHEREAS, it is alleged that the construction of the Torre de Manila violates the height and floor-area ratio imposed by the Manila Zoning Ordinance, as the building should only be allowed a maximum floor-area ratio of 4 because it is situated within Manila’s Institutional University Cluster; WHEREAS, on 26 November 2013, the Manila City Council unanimously approved the suspension of the building permit of the Torre de Manila due to the opposition of thousands of people claiming that its construction violated zoning rules and would ruin the view of the Rizal Monument at the Luneta[1]; WHEREAS, on 24 January 2014, the Manila Zoning Board of Adjustments and Appeals (MZBAA) reconsidered the previous suspension and approved the construction of the Torre de Manila after DMCI Homes appealed for an exemption to the local zoning laws; WHEREAS, a movement led by heritage advocate Carlos Celdran and members of the Knights of Rizal, Sucesos Chapter, believes that the construction of Torre de Manila rising behind the Rizal Monument desecrates the sanctity of the Rizal Park; WHEREAS, more than 8,000 people have further signed an online petition to stop the project[2];WHEREAS, Rizal Park is not just a site where Jose Rizal was shot and where his remains are interred, it has been witness to momentous events in our history such as the proclamation of independence of the Philippines from the United States of America on July 4, 1946; WHEREAS, the Rizal Park and Monument is regarded not only as an artistic and cultural icon and famous tourist site, but a sacred site, as well as an important symbol of our national hero and the freedom he fought for; WHEREAS, the erection of a 46-storey building not only destroys the vista of a heritage site, but also accords little respect to the memory of Jose Rizal and the history of the Filipino people; WHEREAS, the memorial monument of Jose Rizal and its historical value must be protected to the extent possible to preserve its historical value; WHEREAS, there is a need to review the policies governing the preservation of national treasures and historical sites; NOW, THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED by the Senate of the Philippines to direct the Committee on Education, Arts, and Culture to look into, in aid of legislation, the construction of the Torre de Manila Condominium in the City of Manila. Adopted,PIA S. CAYETANO Senator http://www.senate.gov.ph/lis/bill_res.aspx?congress=16&q=SRN-824 http://www.senate.gov.ph/lisdata/1958916708!.pdf http://senatorpiacayetano.com/ 26 Jul 2012 — Thanks to the Manila City Council, they have passed on 1st reading in their last session this proposed “Historical and Cultural Monuments Preservation and Protection” Ordinance. It seeks to, moving forward, prohibit the construction of anything that will ruin the line of sight of any historical and cultural monument in Manila.