Torre de Manila violates zoning ordinance

MANILA, Philippines - The legal battle over the controversial Torre de Manila condominium has escalated further.

In the fourth round of the oral arguments at the Supreme Court yesterday, the issue shifted to the present and former mayors of Manila over the legality of the permit granted to developer DMCI Homes.

Jose Alberto Flaminiano, lawyer for Mayor Joseph Estrada, admitted there was a violation of the city’s zoning ordinance in the construction of the condominium building.

But Flaminiano told the high court that it was former mayor Alfredo Lim who issued the permit despite violation of City Ordinance No. 8119 for exemption on the seven-story limit for building.

Flaminiano said the city council suspended the project in July 2012 until compliance with the requirement, but Lim nonetheless allowed the construction.

He said the city council passed Ordinance No. 8310, regulating constructions that would ruin historical sites in the city but it was vetoed by Lim.

Citing excerpts from the Manila zoning ordinance, Associate Justice Francis Jardeleza said that four layers of protection were ignored when DMCI Homes was given the permits to build the high-rise residential project.

Former city planning officers Melvin Balagot and Resty Rebong could be held administratively liable for grave misconduct over the violation of the city’s zoning ordinance in Torre de Manila’s case.

The oral arguments on the case will continue on Aug. 25.