SITE PLANNING

1
CASE STUDY
CONSTRUCTION OF TORRE DE MANILA ITS
LEGALITIES BASED ON ANY CODES/LAWS,
ORDINANCES

Corona, King Marco B.

BS Architecture - 301
TTH (12:30-2:00)

Arch. Lauro F. Ador

CONSTRUCTION OF TORRE DE MANILA ITS LEGALITIES BASED ON ANY
CODES/LAWS, ORDINANCES

Torre de Manila is one of DMCI Homes newest one-tower condominiums. It is an

exclusive residential community right in the heart of the city of Manila. Leading
universities, hospitals, and key business and commercial centers of the Manila area are
all easily accessible through drive or commute. The total number of storey or floors is
not yet confirmed. Some reports say it is a 41-storey high condo but some says it has
46 floors. But this tower is one of the most controversial condominiums ever, even
before its construction began. Protests are all over the media especially on social media
sites. The main battle cry of the netizens is the destruction of Rizal monuments skyline.
But theres a lot more than that.
Lets take a look on the historical and zoning and legal aspect of the issue
regarding Rizal monument and of course, the Torre de Manila. The Rizal Monument in
the City of Manila showcases the 100- year-old bronze statue Motto Stella (Guiding
Star), the granite base of which contains most of Rizal's remains. This monument was
first unveiled for public viewing more than a century ago on December 30, 1913. In
1966, in an illustration of true bayanihan spirit, Filipinos of different statures contributed
financially from a few pesos to several thousand pesos to aesthetically improve the
areas surrounding the Monument and further enhance its historical significance. On
November 14, 2013, the National Museum issued Museum Declaration 9-2013 for the
Declaration of the Monument to Dr. Jose Rizal in Rizal Park, City of Manila as a
National Cultural Treasure. On 31 December 13, 2013, the Monument was declared a
National Cultural Treasure by the National Museum of the Philippines.
According to our Constitution in Article XIV Section 15 and 16 states that:
The State shall conserve, promote, and popularize the nations historical and cultural
heritage and resources, as well as artistic creations and all the countrys artistic and
historic wealth constitutes the cultural treasure of the nation and shall be under the
protection of the State which may regulate its disposition., respectively. Then if the
structure ruins the view of Rizal Monument, which is a National Cultural Treasure, it is
not a way of conserving national and cultural heritage.
According to Republic Act No. 4846, otherwise known as the Cultural
Properties Preservation and Protection Act defines a National Cultural Treasure
as a unique object found locally, possessing outstanding historical, cultural, artistic
and/or scientific value which is highly significant and important to this country and
nation. Rizal Monument was being declared as a National Cultural Treasure because of

this reason. It possesses a lot of historical identity, an identity which essential to the
Philippines, not only for the country itself but for its people, we Filipinos.
Republic Act No. 10066 or the National Cultural Heritage Act of 2009 lays
down guidelines for local government units in maintaining a heritage zone, which
involves maintaining the appearance of streets, parks, monumentsas close to their
appearance at the time the area was of most importance to Philippine history as
determined by the National Historical Institute. Then having a towering structure on the
background of a National Cultural Treasure, so it means the appearance of it will not be
maintained. The usual view of Rizal monuments background is the plain sky, but having
a tower behind it will not be the same before and wont be close to it.
Under the same act, Republic Act No. 10066, Section 25, says that, When the
physical integrity of the national cultural treasures or important cultural properties are
found to be in danger of destruction or significant alteration from its original state, the
appropriate cultural agency, shall immediately issue a Cease and Desist Order
suspending all activities that will affect the cultural property. It is clearly seen that one
of our National Cultural Treasure is in danger which says alteration from its original
state. When Torre de Manila pops on the background of Rizal monument, the original
physical state of the monument will be changed. Not on the monument itself but on the
vista.
Republic Act No. 7160 or the Local Government Code of 1991 authorizes
among others, Local Government Units (LGUs) to prepare their comprehensive land
use plans by enacting zoning ordinances, which shall be the primary and dominant
bases for the future use of land resources. The City of Manila, where the Torre de
Manila is situated has its own Comprehensive Land Use Plan and zoning ordinances.
These tell the proper type of structure that can be built in a certain zone or district.
City Ordinance No. 8119 or the Manila Comprehensive Land Use Plan and
Zoning Ordinance of 2006 enacted regulatory measures that will guide and control the
development in the City of Manila, including the construction of buildings and protection
of historic-cultural sites. All types of projects must be covered by it starting from
residential projects up to large-scale projects like condominiums.
David M. Consunji Incorporated (DMCI) Homes started the construction of
Torre de Manila Condominium, a 46-storey residential building with a floor-area ratio of
7.79, located between Rizal Park and Adamson University. Floor-area ratio is the basis
of how many storey or how high will be the building is depending on the type of
structure, its lot area, floor area and what type of zoning is assigned to the location of
the project.
It is alleged that the construction of the Torre de Manila violates the height and
floor-area ratio imposed by the Manila Zoning Ordinance, as the building should only be
allowed a maximum floor-area ratio of 4 because it is situated within Manilas
Institutional University Cluster. Its maximum percentage of land occupancy is 0.6. The
floor area of Torre de Manila, a planned 41-storey condominium, is approximately
66,256 sqm. Each floor is estimated at 1,616 sq m.

On November 26, 2013, the Manila City Council unanimously approved the
suspension of the building permit of the Torre de Manila due to the opposition of
thousands of people claiming that its construction violated zoning rules and would ruin
the view of the Rizal Monument at the Luneta.
On January 24, 2014, the Manila Zoning Board of Adjustments and Appeals
(MZBAA) reconsidered the previous suspension and approved the construction of the
Torre de Manila after DMCI Homes appealed for an exemption to the local zoning laws.
According to the National Historical Commission of the Philippines' "Guidelines on
Monuments Honoring National heroes, Illustrious Filipinos and Other
Personages, "historic monuments should assert a visual "dominance" over the
surroundings. It also says that, Height of buildings surrounding or in the immediate
vicinity of the monument/site should be regulated by local building code regulation or
special local ordinance to enhance the prominence, dominance and dignity of the
monument, more importantly, the national monuments. It is very clear.
The guidelines also state that "vista points and visual corridors to monuments
must be kept "clear for unobstructed viewing and appreciation and photographic
opportunities." How can it be clear if there is a tower behind the monument? It surely
destroys
the
vista
and
it
can
be
seen
on
photographs.
The project also allegedly violates an international commitment that the
Philippines had made through the Venice Charter. Under the agreement, the
Philippines agreed not to allow any new construction, demolition or modification which
would alter the relations of mass and color of a monument.
In contrary, the DMCI statement focuses mainly on the legality of all the steps it
took on this controversial project. Our zoning permit, issued on June 19, 2012,
specifically allows us to build 97,549 square meters. This was confirmed when the
building permit was issued the following month showing that we were cleared to build a
49-storey
project,
DMCI
said.
In September 2012, Manila City Halls legal department had also opined that the
request of the then city council to suspend the projects building permit effectively for
reasons of aesthetic offensiveness is not among the legal bases that allows such
action,
DMCI
recalled.
By November 2012, the National Historical Commission cleared the project,
saying it is outside the boundaries of Rizal Park and well to the rear (789 meters) of the
Rizal National Monument.
The NHCP, which should be the one spearheading its protection for our heritage
allowed the continuation of this kind of project. Is it lack of commitment and political will?

dont

know.

Rizal Park is not just a site where Jose Rizal was shot and where his remains are
interred, it has been a silent witness to momentous events in our history. It is regarded
not only as an artistic and cultural icon and famous tourist site, but a sacred site, as well
as an important symbol of our national hero and the freedom he fought for. The erection
of a 46-storey building not only destroys the vista of a heritage site, but also accords
little respect to the memory of Jose Rizal and the history of the Filipino people. The
memorial monument of Jose Rizal and its historical value must be protected to the
extent possible to preserve its historical value. Not just on its historical perspective but
on some legality like the laws and ordinances I mentioned.