KNIGHTS OF RIZAL v. DMCI

Knights of Rizal Vs. DMCI Homes, Inc., DMCI Project Developers, Inc., City of Manila, National Commission for Culture and the Arts, National Museum, and National Historical Commission of the Philippines

G.R. No. 213948

April 25, 2017

FACTS:

DMCI Project Developers, Inc. acquired a lot in the City of Manila.  The said lot was earmarked for the construction of Torre de Manila Condominium project.  After having acquired all the necessary permits and documents, the DMCI-PDI was ready to commence the intended project.  However, the City of Manila Council issued a resolution to temporarily suspend the Building Permit until such time that issues had been cleared.  Consultations after consultations had he been initiated both by the City of Manila and DMCI-PDI.  Finally, On Jan. 2014, the City Council of Manila, issued another resolution ratifying and confirming all previously issued permits, licenses and approvals issued by the City for Torre de Manila.

Knights of Rizal, on the other hand, filed a petition for injunction seeking TRO, and later a permanent injunction, against the construction of the project.  The KOR argued that the building, if completed, would be a sore to the view of the monument, an endangerment to the nation’s cultural heritage, and a construction borne out of bad faith.

ISSUE:

Whether or not the court should issue a writ of mandamus against the City Officials to stop the construction of Torre de Manila.

RULING:

No, The SC ruled that there was no law prohibiting the construction of the project.  It was not even considered as contrary to morals, customs and public order.  The project was way well from the Park where the monument was located.  The SC ruled further that a mandamus did not lie against the City of Manila. It is categorically clear that “a mandamus is issued when there is a clear legal duty imposed upon the office or the officer sought to be compelled to perform an act, and the party seeking mandamus has a clear legal right to the performance of such act.”  In the case at bar, such factors were wanting. Nowhere was it found in the ordinance, or in any Law or rule that the construction of such building outside the Rizal Park was prohibited if the building was within the background sightline or vision of the Rizal Monument.  Thus, the petition was lacking of merit and, thus dismissed.