When
the nation's cultural heritage is at loggerheads with commerce, which should
prevail?
The
recent ruling of the Supreme Court temporarily stopping the construction of a
46-storey condominium that obstructs the vista or visual corridors of the
Rizal Monument in Luneta does not yet answer this question, but it is a step
forward in doing so.
The
High Court en banc, voting 8-5, granted the petition of the Order of the
Knights of Rizal's request for a TRO against the construction of the Torre de
Manila condominium.
The
National Commission on Culture and the Arts had earlier issued an order
stopping the construction. But the Manila city government had given the
greenlight for the project, so that today, the condo appears to be almost
completed.
The
arguments cited by the Order of the Knights of Rizal, are not without merit, to
be sure.
First,
the condo project "sticks out like a sore thumb, and dwarfs" all
surrounding buildings within a radius of two kilometers. Allowing the Torre de
Manila to be completed would be considered the "worst precedent
imaginable... to devalue historical landmarks."
Second,
the condo builder acted in bad faith and violated Manila's zoning ordinance and
other laws as well as existing guidelines on monuments.
Third,
the Rizal Monument, having been declared a National Cultural Treasure, is
entitled to full protection of the law. The towering building in the background
of the Rizal Monument is a "nuisance" that "annoys and offends
the senses" of Filipinos who honor Rizal's memory.
And
fourth, the condo project violates the National Historical Commission's set of
guidelines which state that historic monuments should assert a visual
"dominance" over the surroundings, and that "vista points"
and "visual corridors" to monuments must be kept "clear for
unobstructed viewing and appreciation and photographic opportunities."
All
these arguments appear valid. Hence, the TRO issued by the Supreme Court is
justified, and the condo project should be discontinued and torn down especially
if it is conclusively shown that anomalies attended the grant of a building
permit by Manila City Hall.
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