Written by Benjamin B. Pulta Sunday, 14 September 2014 http://www.tribune.net.ph/metro/group-of-rizalistas-ask-sc-to-stop-construction-of-46-story-torre-de-manila A group of Rizalistas have asked the Supreme Court to stop the construction of a 46-story condominium project near the Rizal Monument at Luneta Park. In a 26-page petition for injunction, the Order of the Knights of Rizal through its lawyer William Jasarino claimed the project by real estate developer DMCI Homes to put up the Torre de Manila condominium would ruin the sightline of the Rizal Monument at Luneta Park. “Torre de Manila building would look at the back and overshadow the entire monument, whether up close or viewed from a distance. No one can take photo of the Rizal Shrine without also capturing the high-rise condominium at its back,” the petitioner said. The group added the preservation of the Rizal Monument is mandated under Republic Act 4846 or the Cultural Properties Preservation and Protection Act; Republic Act 7356 which created the National Commission on Culture and the Arts, and Republic Act 10066, the National Cultural Heritage Act of 2009, or an Act Providing for the Protection and Conservation of the National Cultural Heritage. “When Torre de Manila reaches the full height of 46 floors by the target date of 2016, it will completely dominate the vista and, consequently, substantially diminish in scale and importance of the most cherished monument to the national hero. It will have the same effect for the view of the Luneta Park. And this will be for all eternity,” it added. The petitioner also branded the project as a nuisance as defined in Article 6904 of the Civil Code of the Philippines. Article 694 states that “a nuisance is any act, omission, establishment, condition of property, or anything else which “annoys or offends the senses; or shocks, defies or disregards, decency or morality...,” among other things. “Torre de Manila does not only offend the sensibility of every patriotic Filipino, it desecrates the very ground consecrated by the blood of the martyred Jose Protacio Rizal,” the petitionert added. The petitioner said the construction of Torre de Manila was commenced and continues to be built in bad faith and in violation of the zoning ordinance of the City of Manila. The group noted that even the legal counsel for DHI admitted that the company effectively did not follow the procedure prescribed under Manila City Ordinance 8119, otherwise known as the Zoning Ordinance of Manila, for obtaining the zoning and building permits. It noted that Torre de Manila violates the zoning restrictions by locating within the city’s “institutional university cluster,” an area reserved for schools and government buildings. Aside from the issuance of a temporary restraining order to enjoin the completion of the project, the petitioner also asked the Court to order the demolition of the building. The petitioner noted that the project is now 22.93 percent complete and has already reached the 19th floor as of Aug. 20, 2014 based on the construction update posted on DHI’s Web site. http://www.tribune.net.ph/metro/group-of-rizalistas-ask-sc-to-stop-construction-of-46-story-torre-de-manila