Knights of Rizal vs.

DMCI Homes Inc

G.R. No. 213948, April 25, 2017

FACTS:
A Petition for Injunction, with Applications for Temporary Restraining Order, Writ of
Preliminary Injunction, and Others were filed by the Knights of Rizal (KOR) seeking, among others,
for an order to stop the construction of respondent DMCI Homes, Inc.'s condominium development
project known as the Torre de Manila. On 24 July 2012, the City Council of Manila issued a Resolution
enjoining the Office of the Building Official to temporarily suspend the Building Permit of DMCI-
PDI, citing among others, that "the Torre de Manila Condominium, based on their development plans,
upon completion, will rise up high above the back of the national monument, to clearly dwarf the
statue of our hero”. City Legal Officer Renato G. Dela Cruz stated that there is "no legal justification
for the temporary suspension of the Building Permit]" since the construction lies outside the Luneta
Park and is simply too far to I be a repulsive distraction or have an objectionable effect on the artistic
and historical significance.
ISSUE:
Is there a law or ordinance prohibiting the construction of Torre de Manila?
Ruling:
There is no law prohibiting the construction of Torre de Manila. In Manila Electric Company
v. Public Service Commission, the Court held that "what is not expressly or impliedly prohibited by
law may be done, except when the act is contrary to morals, customs and I public order." n this case,
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. The fact is crystal clear in
this case. There is no law prohibiting the construction of the Torre de Manila due to its effect on
the background "view, vista, sightline, or setting" of the Rizal Monument.