by Ben Rosario July 4, 2015 series of Manila City Council moves that allegedly usurped executive powers have been blamed for the construction of the controversial Torre de Manila condominium. Rep. Lito Atienza (Buhay Party-list) said the recent congressional hearing on the controversy indicates that the City Council, presided by Vice Mayor Isko Moreno, gave the go signal to continue with the construction of the condominium building by approving an appeal by its builders for exemption from the provisions of City Ordinance 8119, the Manila Comprehensive Land Use Plan and Zoning Regulations. Atienza, a former mayor of Manila, said the City Council’s adoption of Resolution No. 5 two days before Christmas of 2014 was used by the DMCI Corporation, builders of the condominium project, as the basis for continuing with the construction despite the issuance of a cease and desist order by the National Commission on Culture and the Arts. Manila Rep. Amado Bagatsing noted that the case of the Torre de Manila construction went back and forth for the City Council’s consideration at least three times. Like Atienza, Bagatsing aired suspicions on the actions of city councilors. Together with other members of the House Committee on Metro Manila Development, congressmen questioned City Council members Marlon Lacson, Joel Chua, and Ernesto Isip on their respective roles in the adoption of Resolution No. 5 . The three local legislators said the City Council adoption of the resolution was based on the recommendation of the Manila Zoning Board of Adjustments and Appeal (MZBAA). Congressman Atienza, however, said, “Contrary to their claims, the accountability for allowing the construction of the Torre de Manila lies squarely with the City Councilors who approved it, despite their having flip-flopped and raised earlier objections.” Quezon City Rep. Winston Castelo, committee chairman, said Congress will have to dig deeper into the issue that has turned quickly into a “national shame.” Under Ordinance 8119, all developers have to get a zoning permit from the City Planning and Development Officer for all conforming uses and, in cases of variances, for exceptions, from the Sangguniang Panglungsod as per recommendation from MZBAA, through the Commitee on Housing, Urban Development, and Resettlements, prior to any construction. “Nowhere in the ordinance does it say that the City Council can automatically grant exceptions to the rule and that all building projects in the city should pass through the council, as what it is doing right now. They abused the good intentions of the ordinance and used it to suit their own purpose,” Atienza said. He said the City Council had earlier disapproved the project because Ordinance 8119 only allows a maximum floor area of 27,000 square meters in the 7,000-square meter lot. The DMCI project has a total floor area of 97,000 square meters, which is more than three times the allowable limit. “What prompted the councilors to finally approve the Torre de Manila despite this very clear violation of the ordinance?” he asked. WORKERS REASSIGNED As construction of the controversial Torre de Manila remained suspended, the Department of Labor and Employment (DOLE) said the developer of the high-rise condominium has already transferred around half of its 400 displaced workers to its other ongoing projects. Citing a report from DOLE-National Capital Region (NCR) Director Alex Avila, Secretary Rosalinda Baldoz of the DOLE said 209 of the 425 employees have now been reassigned by DMCI Homes. These workers are masons, carpenters, laborers, engineers, administrative personnel, motor pool workers, and line and grade workers. Baldoz said the DMCI plans to deploy its remaining affected workers to its other projects in the coming weeks. Around 2,000 workers from DMCI and sub-contractors were displaced after the Supreme Court (SC) issued a temporary restraining order (TRO) on the construction of the Torre de Manila last month in response to a petition filed by the Order of the Knights of Rizal. The group claimed Torre de Manila violated several laws on culture and ruined the sight line of the Rizal Monument in Luneta Park. The SC said it will hold oral arguments on the issue on July 21 before it releases its ruling on the case. DOLE-NCR deployed a quick-response team in the work site of Torre de Manila immediately after the SC’s TRO took effect. Avila reported they found DMCI and its two other sub-contractors have committed several labor violations. DMCI was found to have the following deficiencies in its operations: no full-time physician and dentist as required for 500 employees; insufficient bed capacity for clinic, a situation of imminent danger/in the area, no railing on the 36th floor which poses a risk to falling and tripping; worn-out PPEs for workers, non-submission of monthly summary of safety and health meetings/agreements; no policies and guidelines for HIV/AIDS, TB, and Hepatitis B prevention, and no drug-free policy and program. Gentry Specialty Building Solution and Dumduma Construction and Trading Corporation were also found to have violated some basic labor regulations and occupational safety and health standards. Avila ordered DMCI and its subcontractors to address their deficiencies or face possible sanctions from DOLE. Establishments found with general labor standards deficiencies are given 30 days to correct them and 90 days to correct occupational health and safety deficiencies, Avila said. (With a report from Samuel P. Medenilla) Read more at http://www.mb.com.ph/manila-city-council-moves-blamed-for-torre-de-manila-construction/#QSVYdm4Aiks4Yq8i.99