Torre de manila construction suspended for zoning violation - PH Trending

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Tuesday, 21 July 2015

Torre de manila construction suspended for zoning violation

Construction or Demolish| Torre de manila construction stopped by petitioners.

Torre de manila a condominium project of DM Consunji Inc. (DCMI) and planned to have 46 floors above ground level, 41 of which is allotted for residential use, 4 of them for podium parking space, and the ground floor for amenities made issue to the citizens for constructing it nearby the historical park of Jose Rizal, a claimed Philippine national hero.
When you take a look at Rizal monument or take pictures you can notice the construction of Torre de Manila since June 2012 behind it and it’s not good for them to see it in there.
Who granted the building permit to DCMI? Manila city government under Mayor Alfredo Lim.
Who suspended the construction? The city government by that time is now under Mayor Joseph Estrada.
After the Manila Zoning Board of Adjustments and Appeals granted DMCI a zoning regulation exemption, the construction of the Torre de Manila continued in January 2014. In the same month, an online campaign against the construction of the high-rise condominium project was launched by tour guide and activist Carlos Celdran, who said that the structure would mar the view of the iconic monument of national hero Dr. Jose Rizal at Luneta.
Torre De Manila Issue's now on high court.
Interpellation (July 21, 2015)
Associate Justice Francis Jardeleza asked Jasarino why his client filed the petition only when the condominium, a project of DMCI Project Developer Inc., was already 22.83 percent complete and has already reached 19 storeys.

"Pardon my response, sir, but why not? We have been directing efforts, statements to DMCI, participating in public hearings," said Jasarino

He said his camp had to first consider all factors before deciding to file a formal petition on September 14 last year.

"In our minds, it was never too late to file," Jasarino added…
Arguments of the respondents DMCI Homes Inc. and the Office of the Solicitor General will be heard by the high court on August 4.
The oral arguments to be covered are the following topics:
whether the threshold and purely legal issue on the definition of the Constitutional mandate to conserve, promote and popularize the nation's historical and cultural heritage and resources includes the preservation of its prominence, dominance, vista points, vista corridors, sight lines, and setting
the specific laws, statutes, ordinances and international covenants that the DMCI breached as a result of the construction of the Torre de Manila and how the said tower becomes a nuisance per se; and the legal consequences of the violation of any of these laws
whether or not Torre de Manila significantly altered the physical integrity of the Rizal Monument as may be defined by law
the effect of permits, licenses and opinions issued by public respondents as regards the validity of the construction of the Torre de Manila project
the total damage to be sustained by private respondents, including the workers, the subcontractors, the investors, and the buyers of the project, in case the building is demolished
whether stopping the construction and the building's demolition constitute taking of private property requiring just compensation.

Senator Pia Cayetano opposed the construction of the 46-storey building

Reference:  http://www.gmanetwork.com/news/ | https://en.wikipedia.org/wiki/Torre_de_Manila|  http://www.philstar.com/nation/2015/07/21/1479365/live-oral-arguments-torre-de-manila-case

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