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    KOR v. DMCI-PDI Stat Con Digest

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    Mae Clare D. Bendo
    The Knights of Rizal filed a petition to stop the construction of Torre de Manila, claiming it would block views of the Rizal Monument. The Supreme Court ruled against the petition, finding that no law prohibited the tower's construction. Specifically, the Court stated that without a law expressly prohibiting an action, that action could not be curtailed unless it was contrary to morals, customs, or public order. As there was no such prohibition against Torre de Manila, the construction was allowed to continue.

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    KOR v. DMCI-PDI Stat Con Digest

    Uploaded by

    Mae Clare D. Bendo
    215 views1 page
    The Knights of Rizal filed a petition to stop the construction of Torre de Manila, claiming it would block views of the Rizal Monument. The Supreme Court ruled against the petition, finding that no law prohibited the tower's construction. Specifically, the Court stated that without a law expressly prohibiting an action, that action could not be curtailed unless it was contrary to morals, customs, or public order. As there was no such prohibition against Torre de Manila, the construction was allowed to continue.

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    11. KOR v. DMCI-PDI stat con digest

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    The Knights of Rizal filed a petition to stop the construction of Torre de Manila, claiming it would block views of the Rizal Monument. The Supreme Court ruled against the petition, finding that no law prohibited the tower's construction. Specifically, the Court stated that without a law expressly prohibiting an action, that action could not be curtailed unless it was contrary to morals, customs, or public order. As there was no such prohibition against Torre de Manila, the construction was allowed to continue.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    215 views1 page

    KOR v. DMCI-PDI Stat Con Digest

    Uploaded by

    Mae Clare D. Bendo
    The Knights of Rizal filed a petition to stop the construction of Torre de Manila, claiming it would block views of the Rizal Monument. The Supreme Court ruled against the petition, finding that no law prohibited the tower's construction. Specifically, the Court stated that without a law expressly prohibiting an action, that action could not be curtailed unless it was contrary to morals, customs, or public order. As there was no such prohibition against Torre de Manila, the construction was allowed to continue.

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    KNIGHTS OF RIZAL v. 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 PHILIPPINE
    G.R. NO. 213948, APRIL 25,2017

    DOCTRINE
    “What is not expressly or impliedly prohibited by law may be done, except when the act is contrary
    to morals customs and public order.”

    FACT
    The KOR files Petition for Injunction to stop the construction of Torre de Manila after the City of
    Manila lifted the temporary suspension of the Building Permit of DMCI-PDI, citing it will clearly dwarf
    the statue of our hero and ruin the line of sight of the Rizal Shrine, and violation of Zoning
    Ordinance. The KOR asserts completion of the structure will forever ruin the sightline of Rizal
    Monument and claims DMCI-PDI violates the NHCP’s Guideline on Monuments Honoring National
    Heroes, Illustrious Filipino and Other Personages. Lastly, the KOR claims that DMCI-PDI’s acted in
    bad faith because the construction continues even there is an order of suspension in violation of the
    Zoning Ordinance.

    DMCI-PDI argues they are not the only tall building closer to the Rizal Monument and sought the
    opinions of City of Manila’s Legal Office and NHCP regarding legal requirements and NHCP
    Guidelines. DMCI-PDI claims they are not nuisance per se because they have obtained all necessary
    papers required for the construction of the building.

    ISSUE
    Whether or not the prohibition of the construction of Torre de Manila is legal.

    RULING
    NO. The Supreme Court ruled there is no law prohibiting the construction of Torre de Manila.

    This principle is fundamental in a democratic society, to protect the weak against the strong, the
    minority against the majority, and the individual citizen against the government. In essence, this
    principle which is the foundation of a civilized society under the rule of law, prescribe that the
    freedom to act can be curtailed only through law. Without this principle, the rights, freedoms, and
    civil liberties of citizen can be arbitrarily and whimsically trampled upon by the shifting passions of
    those who can shout the loudest, or those who can gather the biggest crowd or the most number of
    Internet trolls. In other instances, the Court has allowed or upheld actions that were not expressly
    prohibited by statutes when it determined that these acts were not contrary to morals, customs, and
    public order, or that upholding the same would lead to a more equitable solution to the controversy.

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