And The issue of DMCI’s Torre de Manila’s planned terrorization upon the City of Manila and the sightline of Rizal monument finally reaches a resolution as of July 13, 2012.
From Manila Councilor: Atty Jong Isip (@attyjongisip): Resolution approved today by council recommending filing vs dmci violation of ord. 8119 re: torre de manila. DMCI had the permits but were issued in violation of ordinance 8119, those responsible will be prosecuted.
From Isko Moreno: We are pro-development but developers should follow strictly zoning code like what they are doing in other cities like Makati, Quezon City and San Juan for that matter. Kung sa ibang siyudad sumusunod sila bakit naman sa Manila hindi nila ginagawa. Having a zoning clearance or any exemption from the zoning code is a pre-requisite before the issuance of building permit or permit to construct. Kaya nagtataka nga yung mga konsehal paano sila nagkarron ng permit from the building officials of the city’s engineering office.
It only show’s that manila City Council protects the interest of our heritage and they have high regard to our National Hero Jose Rizal. Tulad ng isang kasabihan: Ang hindi lumingon sa pinaggalingan ay walang paroroonan.
JOINT Committee Report
Read by Manila City Council Secretary Atty. Luch Gempis
DMCI Homes violated Ordinance No. 8119. The committee resolves to rule in the affirmative. Torre de Manila is a high rise condominium located inside the institutional university cluster which imposes a maximum floor area ratio of four and maximum percentage of land occupancy of 0.6. Following our zoning ordinance, Torre de Manila is only allowed a maximum floor area ratio of 4 however the floor area of Torre de Manila, a planned 41-storey condominium, is approximately 66,256 sqm. Each floor is estimated at 1,616 sqm hence based on their plans and after the construction of the condominium, their floor area ratio will be 7.79 contrary to the allowable floor are ratio under Ordinance 8119. Interestingly, DMCI Homes admitted that they have secured the required permits from the local government hence building permit was issued in favor of the subject corporation by the office of the building official of the city of Manila despite clear prohibition of the said ordinance. The grant of the said permit was not explained by the officer or any representative from the office of the building official because they failed to attend all scheduled hearings set by this Committee despite due notice. The continued absence of the pertinent heads of the department from the City of Manila only showed their cavalier attitude toward local legislative body which only affects and hinders the crafting or amending of city legislation or ordinances that will preclude similar incidents in the future to the prejudice of the city and to the public as a whole. It is an elementary rule in local governance that department heads are deemed knowledgeable in their respective departments. It is their task to guide shed light in the local legislative body on matters or issues pertaining their department. In this light, the committee cannot help but conclude that there is conspiracy between officers of subject corporation and certain city government officials and employees that lead to the issuance of the building permit in favor of the former despite obvious and blatant violation.
Under the Anti-Graft and Corrupt Practices Act, a person is liable if he knowingly approved or grant any license, permit, privilege or benefit in favor of a person not qualified for or not legally entitled to such license, permit, privilege or advantage or of a mere representative or who is not qualifed or entitled. For the aforesaid law, punishes only public officials (1:28:00)
A case for violation for city ordinance 8119 should be filed vs manager, managing partner, director, or any other person of the firm or corporation who actually participated in the violation of this ordinance before the Metropolitan Court of Manila.
Further this committee sought the opinion that this case should be submitted before the Office of the Ombudsman for further investigation regarding the violations of sec. 3 letter J and 4 letter B of RA 1319. (1:29:00)
It is respectfully recommended that an ordinance be enacted by the City Council prohibiting the construction of any buildings or structures within a certain radius in the monument or site that will obstruct the prominence, dominance, and dignity of the monument, building, structure of great historical significance, more importantly, the national monument.
NO OBJECTION - COMMITTEE REPORT APPROVED UNANIMOUSLY
So I guess this must be the end of it… The Filipino people and City Hall of Manila have spoken. Torre de Manila as they propose has been stopped and it will have it’s permits revoked. Both DMCI and entities inside city hall who granted them a permit will be prosecuted for these violations.
This is a landmark in Manila’s history and a total shift in our city’s mindset. This decision shows that Manileños take importance in their history. Manileños will not accept the commercialization and visual desecration of it’s most important historical sites. But more importantly, this is a signal to people out there that if they want to do business in the historical parts of our city, they must RESPECT that history along with it’s laws.
Nevertheless, still be vigilant. This is not a moment to gloat nor let our guard down. This issue is not over until DMCI speaks up and more importantly, RETURNS the money back to those who pre-paid for this illegal building.
Sign the petition that started it all: www.change.org/torre and stay informed.
Mabuhay ang Manileño.
Bravo! Thanks to the Manila City Hall folks for listening. DMCI, take heed.