Title
Supreme Court
Knights of Rizal vs. DMCI Homes, Inc.
Case
G.R. No. 213948
Decision Date
Apr 25, 2017
DMCI-PDI acquired a Manila lot for Torre de Manila, secured permits despite local opposition, and faced petitions alleging nuisance and sightline impact; Supreme Court dismissed for jurisdiction, lack of legal standing.

Case Summary (G.R. No. L-6505)

Key Dates

• 1 Sep 2011: DMCI-PDI acquires the lot.
• 2 Apr 2012: Barangay Clearance issued.
• 19 Jun 2012: Zoning Permit granted.
• 5 Jul 2012: Building Permit issued (49 storeys).
• 24 Jul 2012 & 26 Nov 2013: Manila City Council Resolutions temporarily suspending the project.
• 23 Dec 2013: MZBAA recommends variance despite FAR and PLO excess.
• 16 Jun 2015: TRO issued by Supreme Court.
• 25 Nov 2014: Supreme Court treats petition as mandamus; impleads Manila, NHCP, NM, NCCA.

Applicable Law

• 1987 Constitution, Art. XIV, Secs. 15–16: State shall conserve and protect cultural heritage and resources.
• RA 10066 (National Cultural Heritage Act): empowers cultural agencies to issue cease-and-desist orders for threats to the physical integrity of heritage properties.
• Manila Ordinance No. 8119 (Comprehensive Land Use Plan and Zoning Ordinance of 2006):
 – Sec. 45–53: Environmental conservation standards; requires Environmental Compliance Certificate for critical projects and preservation of views of high scenic quality.
 – Sec. 47: Historical preservation and conservation standards for sites and facilities within declared heritage areas.
 – Sec. 48: Site performance standards; projects must be designed in harmony with neighborhood character and be aesthetically pleasing; limits to signage and protection of skylines.
 – Secs. 60–63: Variance procedures for deviations from FAR and PLO, subject to findings of unique hardship, minimal deviation, and no injury to public welfare.

Procedural Posture

KOR originally filed for injunction directly with the Supreme Court. The Court converted the petition into a mandamus case under Rule 65, alleging unlawful neglect by Manila officials to enforce cultural preservation standards.

Petitioner’s Contentions

  1. Torre de Manila will dwarf the Rizal Monument, ruin its sightline, and destroy its visual dominance.
  2. The project is a nuisance per se and violates NHCP Guidelines and the Venice Charter.
  3. DMCI-PDI acted in bad faith and exceeded zoning limits without proper variance.

DMCI-PDI and City of Manila Arguments

• No law (national or local) prohibits structures from rising behind a heritage site; RA 10066 protects only the physical integrity of the monument itself, not its background view.
• KOR lacks standing: its injury is generalized and not a legal right to enforce.
• Torre de Manila is not a nuisance per se and complied, in good faith, with all permits and sought clarifications from City Legal Officer, CPDO, and NHCP.
• Zoning and building permits were duly granted; FAR and PLO excesses were remedied by a variance approved through prescribed procedures.
• Mandamus cannot compel discretionary acts.

Issues

  1. Whether Sections 15–16, Art. XIV of the 1987 Constitution and implementing statutes impose a judicially enforceable duty to protect the background view, sightline, or setting of a heritage monument.
  2. Whether Manila Ordinance No. 8119’s historical, environmental, and aesthetic standards apply to a private lot outside declared heritage boundaries and can support a mandamus claim.
  3. Whether petitioner has standing and whether mandamus is proper relief given available remedies.

Supreme Court Decision

• Sections 15–16, Art. XIV are policy declarations—not self-executing rights—and require enabling legislation before courts can enforce them.
• RA 10066 protects the physical integrity of cultural properties, not surrounding vistas or sightlines.
• NHCP Guidelines and the Venice Charter are hortatory; lack binding force without publication, filing, or ratification.
• Ordinance No. 8119’s preservation (Sec. 47) and site performance standards (Sec. 48) apply only to heritage sites and their immediate environs or to developments’ own neighborhoods, not to unrelated lots within a differ




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