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In line with the controversy, is the issue on whether or not the Torre de
Manila should be demolished so as not to alter and destroy the iconic
sightline of Rizal Monument?
We, on the Negative side believe that the construction of Torre de
Manila Project need NOT be demolished as matter of equity and fair play.
What will we earn if we demolished it? Less employment opportunities and
decline in realty economy? Or less space and better view for a selfie?
ARGUMENTS:
The following are the arguments to prove that construction of Torre de
Manila Project is legal and it need not be demolished.
1. That Torre de Manila Project stands on solid legal ground, thus a
builder in Good Faith;
2. The claim that Torre de Manila Condominium tagged as the
Countrys Biggest Photobomber is a mere propaganda;
3. That the Knights of Rizal has no legal standing to challenge the
case; and
4. That the DMCI Homes cannot be held liable in view of the Doctrine
of Operative Fact.
DISCUSSIONS:
Argument # 1: Stands on Solid Legal Ground
The Torre de Manila Project stands on solid legal ground because the
developer obtained and complied with all the required permits, clearances
and approvals of the City Government of Manila and other regulatory
agencies before it started construction.
The zoning permit that was issued on June 19, 2012 allows the DMCI
Homes to build 97, 549 square meters which was confirmed when the
building permit was issued the following month showing that they were
cleared to build a 49-storey project.
Section 306 of the National Building Code of the Philippines, provides
that the Building Official may order or cause non-issuance, suspension or
revocation of building permits on any or all of the following reasons or
grounds: Errors found in the plans and specifications; Incorrect or inaccurate
data or information supplied; and Non-compliance with the provisions of the
NBC or of any rule or regulation. Hence, aesthetic offensiveness was not
among the legal bases that would merit the suspension of the project.