All because of ‘Torre’ (2)

DEFINITELY the most unimaginable (but pleasant) surprise during that second oral argument (4 August 2015) was news that the Solicitor General (OSG), Florin Hilbay, had abandoned the National Historical Commission of the Philippines (NHCP), to the chagrin of Chairwoman Ma. Serena Diokno. To think that her letter to the DMCI approving the “Torre de Manila” is being used by the company as a formidable shield against RA 10066!

As of 30 July, Atty. Hilbay’s position as solicitor general was to represent and defend government agencies when these become respondents in cases. When the Knights of Rizal filed their petition to stop the construction of DMCI’s “Torre de Manila,” the OSG was the natural representative of the agencies mandated to protect culture, heritage and history, the National Commission for Culture and the Arts (NCCA), the National Museum, and the NHCP. That is why the NHCP chairperson insists, it was the OSG that had cleared her agency of responsibility for failing to issue a cease and desist order against the “Torre de Manila.”

Incredibly, the OSG “backtracked,” but gave proper notice to all agencies concerned, and declared that it is the statutory duty of the OSG, “to articulate a legal argument that will best serve its ultimate client – the Republic.” It seems the NHCP has asked the Supreme Court to allow Attys. Jose Manuel Diokno and Jose Dalisay III to stand as counsel in the “Torre de Manila” case.

Now we know that the OSG can indeed decline to represent a government agency when it recommends a position that, in the final analysis, is contrary to the long term interests and common good of the Filipino people – I do not know if this is the first time a solicitor general has taken such an audacious stand, it is definitely a good precedent. (ggc1898@ gmail.com)