Thursday, October 1, 2015

Government’s Memorandum on the Torre de Manila Case




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Read the Government’s position on the Torre de Manila case.


In this Memorandum, the Office of the Solicitor General, as Tribune of the People, advocates fidelity to the Constitution and the proper enforcement of laws. The Memorandum explains not only why that the permits obtained by DMCI are void but also why the sightline of the Rizal Monument is legally protected as it constitutes part of the cultural commons of the Republic. It emphasizes the broad concept of conservation that was codified in the various heritage laws enacted by Congress that supports and mandates the protection of the “physical integrity” of the Rizal Monument, which necessarily includes its sightline.

Hence, the Office of the Solicitor General prays that the Supreme Court: (1) declare the sightline of the Rizal Monument in Rizal Park is legally protected under R.A. No. 10066 and R.A. No. 10086; (2) order DMCI to demolish Torre de Manila, at its own expense, or to issue a writ of mandamus to the City of Manila to cause the demolition of the Torre de Manila, at DMCI’s expense; and (3) issue a writ of continuing mandamus to NHCP and NCCA to: (a) oversee the demolition of the Torre de Manila; (b) prescribe policies for the conservation and preservation of the Rizal Monument in coordination with the National Museum; and (c) submit quarterly reports on the progress of the execution of the Honorable Court’s judgment in this case.


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