{"id":59463,"date":"2015-08-19T18:15:13","date_gmt":"2015-08-19T10:15:13","guid":{"rendered":"https:\/\/canadianinquirer.net\/v1\/?p=59463"},"modified":"2025-01-19T06:32:58","modified_gmt":"2025-01-19T11:32:58","slug":"manila-govt-commits-lapses-in-torre-de-manila-construction","status":"publish","type":"post","link":"https:\/\/canadianinquirer.net\/v1\/2015\/08\/19\/manila-govt-commits-lapses-in-torre-de-manila-construction\/","title":{"rendered":"Manila gov\u2019t commits lapses in Torre de Manila construction"},"content":{"rendered":"
\"Manila<\/a>
Manila City Hall (Wikipedia<\/a> photo)<\/figcaption><\/figure>\n

MANILA \u2013 During the fourth round of oral arguments on the Torre de Manila case, it was found out that the construction of the controversial building was reportedly allowed by the Manila City local government, violating a certain local ordinance.<\/p>\n

Despite height limits on Taft Avenue, DM Consunji Inc.\u2019s (DMCI) zoning permit application for the 49-storrey Torre de Manila condominium was processed and approved on June 2012 as ordered by then Manila Mayor Alfredo Lim.<\/p>\n

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\u201cCity Legal Officer [of Mayor Lim] further observed that the Torre de Manila is simply too far from the Rizal Monument to be a repulsive destruction. More significantly, the crucial encouragement to allow the Torre project was bolstered by Ludovico Badoy of Executive Director of NHCP on Nov. 7, 2012,\u201d Manila City legal officer Jose Alberto Flaminiano said.<\/p>\n

Built in the university cluster zone, the construction of the Torre de Manila violated the zoning law as only schools and government buildings were allowed in the site. Moreover, these buildings were limited to up to seven floors.<\/p>\n

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DMCI, however, would have been permitted to construct Torre de Manila if it applied for a variance from zoning restrictions but such application was not made.<\/p>\n

\u201cWhen permits were granted, there were no applications for variance? Under the rule of law, there is no exception to that,\u201d Associate Justice Francis Jardeleza said, addressing city administration officials.<\/p>\n

\u201cAnd so if this happens under your administration now, where a city planning officer and building official gives zoning permit under the same facts, what do you call that?\u201d Jardeleza added.<\/p>\n

The magistrate cited Sections 60, 61 and 62 of Ordinance No. 8119 or the Manila Comprehensive Land Use Plan and Zoning Regulations of 2006. Violating this would then result to an \u2018administrative liability\u2019 and a \u2018serious or grave misconduct\u2019 against the officials when proven.<\/p>\n

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<\/p>\n

To the Manila government\u2019s defense, they claimed to have junked the local ordinance\u2019s limitations on heights as they \u2018opted to follow the National Building Code.\u2019<\/p>\n

But even so, the zoning law had \u2018four layers of protection\u2019 which could not be easily bypassed. Jardeleza then pointed out that the Torre de Manila\u2019s site was classified as a university cluster, was under the concept of historical-cultural preservation, was declared as a \u201cPlanned Unit Development\/Overlay Zone,\u201d and required a heritage impact statement upon application for a zoning permit.<\/p>\n

\u201cAs a matter of the rule of law, can the mayor of the City of Manila, whether the then mayor or the present mayor, unilaterally suspend the four layers of protection or requirements?\u201d he asked, stressing that the building in question was erected in a restricted site with a forbidden height.<\/p>\n

\u201cBecause you can read Ordinance No. 8119 forward and backward, backward and forward, you are required to go through a process. If you were a city legal officer then, would you have issued such legal opinion?\u201d he continued.<\/p>\n","protected":false},"excerpt":{"rendered":"

MANILA \u2013 During the fourth round of oral arguments on the Torre de Manila case, it was found out that …<\/p>\n","protected":false},"author":33,"featured_media":59467,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1145,16,95,4377],"tags":[249],"class_list":["post-59463","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headline","category-news","category-news-ph","category-public-probe","tag-rewrite","mauthors-cyra-moraleda","mauthors-philippine-canadian-inquirer"],"_links":{"self":[{"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/posts\/59463","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/users\/33"}],"replies":[{"embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/comments?post=59463"}],"version-history":[{"count":1,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/posts\/59463\/revisions"}],"predecessor-version":[{"id":285712,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/posts\/59463\/revisions\/285712"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/media\/59467"}],"wp:attachment":[{"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/media?parent=59463"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/categories?post=59463"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/canadianinquirer.net\/v1\/wp-json\/wp\/v2\/tags?post=59463"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}