SC allows construction of Torre de Manila

MANILA – The Supreme Court on Tuesday opened the door for construction to resume at the 49-storey residential building Torre de Manila, dubbed by netizens as "photo bomber" to the monument of national hero Dr. Jose Rizal.

In a vote of 9-6, the magistrates junked the petition filed in September 2014 by the Knights of Rizal, a national civic organization, seeking to demolish the building being constructed by housing developer, DMCI Homes.

The ruling removed a temporary restraining order (TRO) that halted work on the project.

In a news conference, SC spokesperson Theodore Te said the high court dismissed the petition as the SC has no jurisdiction over the issue, the petitioners have no standing to sue and that they would suffer no injury had their petition not be granted.

"The court also found that there is no law that prohibits the construction of the challenged Torre de Manila project as a consequence of the judgment rendered today, the TRO issue by the court is lifted," SC spokesperson Theodore Te said.

The majority who voted to junk the petition are: Chief Justice Maria Lourdes Sereno, and Associate Justices Antonio Carpio, Presbitero Velasco Jr., Mariano Del Castillo, Lucas Bersamin, Bienvenido Reyes, Estela PerlasBernabe, Marvic Leonen and Noel Tijam.

Dissenters are Associate Justices Francis Jardaleza, Teresita Leonardo De Castro, Diosdado Peralta, Benjamin Caguiao, Jose Mendoza and Samuel Martirez.

Xiao Chua of the Knights of Rizal said they will respect the SC's ruling.

"The Order of the Knights of Rizal respects the decision of the Supreme Court on the Torre de Manila issue," Chua said.

The petitioners also thanked the public for

supporting them in their battle with the high court.

"We thank the public for carrying this issue with us and for making the same as a test case for Philippine Heritage for whatever the outcome would have been," Chua said.

"The public support that was expressed in favor of our stand was an indication not only of the importance of the National Monument but also to the continued relevance and reverence our National Hero, Jose Rizal still enjoys. Beyond this, may we preserve the value of our National Cultural Treasures and remain to live the Rizal Way," Chua added.

On July 16, 2015, petitioner Knights of Rizal, citing the Cultural Properties Preservation and Protection Act (Republic Act 4846), the National Cultural Heritage Act, and the building's zoning violations, asked the SC issue an injuction to suspend the construction, and to demolish the building.

On June 16, 2015, the high court ordered work to stop while it considered the petition.

Respondent to the case are DMCI Homes, the city of Manila, National Commission for Culture and the Arts, National Museum and National Historical Commission of the Philippines.