The Philippines: A poem as proof of intent

Finally, the highly publicised case regarding the construction of the 49 storey residential condominium building called Torre de Manila (pictured) as marring the view of the statue of the Philippines' national hero Jose Rizal has come to an end. On April 25 2017, the Supreme Court dismissed the petition for injunction filed by the Knights of Rizal (KOR), a "civic, patriotic, cultural, non-partisan, non-sectarian and non-profit organisation" against the developer DMCI Homes Inc, City of Manila, National Commission for Culture and the Arts, et al (GR No 213948). The petition was filed by KOR on September 12 2014 which argued that the completed Torre de Manila would "forever ruin the sightline of the Rizal Monument in Luneta Park" since it would "loom at the back and overshadow the entire monument, whether up close or viewed from a distance". The KOR also argued that the building is nuisance per se; and that the Rizal Monument as a National Treasure is entitled to full protection of the law.

In dismissing the petition, the Supreme Court held that there is no law prohibiting the construction of the Torre de Manila; that there is no allegation or proof that the Torre de Manila project is "contrary to morals, customs and public order" or that it brings harm, danger or hazard to the community; there is nothing that disallows the construction of a building outside the boundaries of a historic site or facility, where such building may affect the background of a historic site. In this case, the Torre de Manila stands 870 metres outside and to the rear of the Rizal Monument and "cannot possibly obstruct the front view of the Rizal Monument". Likewise, the Torre de Manila is not in an area that has been declared as an "anthropological or archealogical area" or in an area designated as a heritage zone, cultural property, historical landmark or national treasure by the National Historical Commission.

As a final word, the Supreme Court quoted some lines from Rizal's poem Mi Ultimo Adios, which expressed Rizal's wish to die facing the rising sun:

Yo muero cuando veo que el cielo se colora Y al fin anuncia el dia tras lobrego capuz

(I die just when I see the dawn break, Through the gloom of night, to herald the day)

History would show that at his execution, Rizal was made to stand facing west towards Manila Bay, with his back to the firing squad like a traitor, despite his request that he face his executioners. When he was shot, he turned around to face the east, falling on his back with the rising sun on his face.

The Supreme Court said: "The Rizal Monument is expressly against Rizal's own wishes. That Rizal's statue now stands facing west towards Manila Bay, with Rizal's back to the east, adds salt to the wound ... On the other hand, if Rizal's statue is made to face east, as Rizal had desired when he was about to be shot, the background – the blue sky above Manila Bay – would forever be clear of obstruction, and we would be faithful to Rizal's dying wish."

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