Knights of Rizal vs. DMCI
Homes, Inc., 824 SCRA 327 (2017)
Subject: Obligations and Contracts
FACTS
On 1 September 2011, DMCI Project Developers, Inc. (DMCI-PDI) acquired a 7,716.60-square meter lot in the City of Manila, located near Taft Avenue, Ermita, beside the former Manila Jai-Alai Building and Adamson University. The lot was earmarked for the construction of DMCI-PDI's Torre de Manila condominium project.
DMCI-PDI secured its Barangay Clearance to start the construction of its project. It then obtained a Zoning Permit from CPDO on 19 June 2012. It was granted a Building Permit, allowing it to build a "Forty-Nine (49) Storey w/ Basement & 2 penthouse Level Res'l. Condominium" on the property.
On 24 July 2012, the City Council of Manila (CCM) issued RN 121 enjoining the OBO to temporarily suspend the Building Permit of DMCI-PDI, citing among others, that "the Torre de Manila Condominium…would certainly ruin the line of sight of the Rizal Shrine from the frontal Roxas Boulevard vantage point.”
After some clarification, the MZBAA amended the resolution which was later adopted by CCM and hereby ratifies and confirms all previously issued permits, licenses and approvals issued by the City of Manila for Torre de Manila.
On 12 September 2014, the KOR filed a Petition for Injunction seeking a temporary restraining I order, and later a permanent injunction, against the construction of DMCIPDI's Torre de Manila condominium project. KOR argues that the project is a nuisance per se and that the DMCI-PDI's construction was commenced and continues in bad faith and is in violation of the City of Manila's zoning ordinance.
ISSUE
Whether or not the Court can issue a writ of mandamus against the officials of the City of Manila to stop the construction of DMCI-PDI's Torre de Manila project.
RULING
No. There is no law prohibiting the construction of the Torre de Manila.
In this case, the KOR is now estopped from questioning the construction of the Torre de Manila project. The KOR itself came up with the idea to build a structure right behind the Rizal Monument that would dwarf the Rizal Monument. In the mid-1950s, the Jose Rizal National Centennial Commission (JRNCC) l formulated a plan to build an Educational Center within the Rizal Park. In July 1955, the KOR proposed the inclusion of a national theater on the site of the Educational Center. The JRNCC adopted the proposal. The following year, a law - Republic Act No. 142776 - authorized the establishment of the Jose Rizal National Cultural Shrine consisting of a national theater, a national museum, and a national library on a single site.
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