REPUBLIC OF THE PHILIPPINES

NATION CAPITAL JUDICIAL REGION

Regional Trial Court
Branch III
Manila

JAN VERNON L. HERNAN

Petitioner
G.R. No. 1456190
Petition for Preliminary
Injunction/Temporary
Restraining Order to
Discontinue with the Civil
Works
Versus
DMCI Homes Inc., DMCI Project
Developers, Inc., City Government
of Manila, National Commission for
Culture and the Arts, National Museum,
and National Historical Commission
of the Philippines
Respondents
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PETITION FOR INJUNCTION
This is a verified petition for prohibition anchored on Article 14 of the 1987
Constitution of the Philippines which contains provisions geared toward the
protection of the countrys cultural heritage, to wit:
Section 15. The state shall conserve, promote, and popularize the
nations
historical and cultural heritage and resources, as well as
artistic creations.
Section 16. All the countrys artistic and historic wealth constitutes the
cultural treasure of the nation and shall be under the protection of the
state which may regulate its disposition.

In this light, I respectfully seek of the Honorable Court:

(a) to enjoin respondents DMCI Homes, Inc., and DMCI Project Developers,
Inc. to cease and desist from further executing all civil works relative to
building the 49-storey structure located along Taft Avenue, Manila;
(b) to demolish the said structure in order to preserve a cultural heritage of
the
Philippines, particularly as it impedes the view of the Rizal
Monument;
(c) that the private respondents be held liable for utter violation of aforesaid
Sections 15 and 16, Article 14, of the 1987 Constitution of the Philippines
and the pertinent zoning laws of the City of Manila;
(d) that the public respondents be held liable for failure to perform their
governmental functions as mandated under their respective charters.
COMES NOW the petitioner, by the undersigned counsel, and unto this
Honorable Court, respectfully alleges:
1. That the petitioner, JAN VERNON L. HERNAN, is of legal age, single and
a bonafide resident of 617 Ilang-Ilang St., Dona Leoncia Subdivision,
Talon V, Las Pinas City and the herein respondents are DMCI Homes,
Inc., DMCI Project Developers, Inc., City Government of Manila, National
Commission for Culture and the Arts, National Museum, and the National
Historical Commission of the Philippines;
2. That the respondents, has gravely acted in utter defiance of abovecited
provisions of the 1987 Constitution of the Philippines and the Zoning Laws
of the City of Manila.
FIRSTLY, DMCI Homes Inc., and DMCI Developers, Inc. have
commenced with the construction of the 49-storey structure dubbed as the
Torre De Manila during the tenure of then Manila Mayor, Hon. Alfredo S.
Lim and that in June, 2012, Manilas City Planning and Development
Officer, Mr. Resty Rebong, approved and issued the zoning permit for the
Torre de Manila, allowing variance (exemption) for the 49-storey
construction;
SECONDLY, Ordinance No. 8119 of Manila City, otherwise known as An
Ordinance Adopting the Manila Comprehensive Land Use Plan and
Zoning Regulations of 2006, provides under its Section 12, Use
regulations in High Density Residential/Mixed Use Zones, that residential
use buildings must conform to the land use intensity control ratings, the
maximum floor area ratio of which must not exceed a floor area ratio of 4;

According to the building plan submitted by DMCI, the Torre de Manila has
a floor area ratio of 7.4, thus clearly exceeding the maximum floor area
ratio laid down by the Ordinance by 3.4 units;
THIRDLY, in relation to this, Section 20 of Repiblic Act (RA) No. 10066 or
An Act Providing for the Protection and Conservation of the National
Cultural Heritage, Strengthening the National Commission for Culture and
the Arts and Its Affiliated Cultural Agencies and for Other Purposes also
provides that immovable national cultural treasures shall not be rebuilt,
defaced or otherwise changed in a manner which would destroy the
propertys dignity and authenticity, except to save such property from
destruction due to natural causes.
3. That a certified true copy of the Order herein sought to be reviewed is
hereto attached as Annex A together with the copies of all the pleadings
and documents relevant and pertinent thereto;
4. That there has been no proper action or investigation done regarding this
matter and no proper remedy has been implemented in the ordinary
course of law.

WHEREFORE, it is respectfully prayed, that pending further proceedings

in the action, a Preliminary Injunction/Temporary Restraining Order be granted
ordering the respondents to cease, desist or refrain from proceeding with all civil
and allied works and that after due notice and hearing, a Writ of Injunction be
accordingly issued commanding the herein private respondents to cease and
desist absolutely and perpetually from further proceeding and be held liable for
assessed damages if proven to be involved in the construction of the 49-storey
building (i.e., Torre de Manila) located at Taft Avenue, Manila, with costs.
Likewise, after due notice and hearing, if public respondents be found to be
remiss in the performance of their duties or in connivance with the private
respondents, be held jointly and severally liable and imposed with appropriate
penalties.
City of Manila, Philippines
November 03, 2015

VERIFICATION

REPUBLIC OF THE PHILIPPINES

City of Manila
The undersigned affiant, JAN VERNON L. HERNAN, after having been sworn to
in accordance with law, hereby deposes and states:
1) that he is the petitioner in the above-entitled case;
2) that he had caused the preparation of the above petition and has read and
personally affirms the contents thereof;
3) that the allegations therein are true and accurate;
4) that no similar petition has been filed in any other court of law.

__________________
Jan Vernon L. Hernan
Affiant