Congress of the Philippines
House of Representatives
Republic of the Philippines

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, _102

Introduced by Representative EDCEL C. LAGMAN

EXPLANATORY NOTE

The construction of the condominium building Torre de Manila which stands 870
meters to the rear of the monument of the Philippine National Hero Jose P. Rizal stirred
a hornet's nest in 2014.

The National Commission for Culture and the Arts, the National Parks
Development Committee, and the Knights of Rizal, among other concerned agencies,
groups and individuals, expressed grave concern over the condominium construction.

Protesting netizens labeled the building as a “photobomber’ (an attention grabber
that spoils or ruins an otherwise normal photo). In case of the Torre de Manila, it has
been referred to as an constant and stationary photobomber.

It is too conspicuous to be denied that the DMC! Homes tower derogates the
national hero's shrine. It obstructs the skyline even as it distracts the viewers from
remembering Rizal's heroism and martyrdom in Luneta and the dire effects of Spain's
colonial rule.

The imbroglio over the “photobomber” reached the highest court of the land.
Voting 9-6 on 25 April 2017, the Supreme Court lifted the temporary restraining order
that it issued one year and seven months earlier and allowed DMCI Homes to resume
the suspended construction. The majority decision of the Supreme Court underscored
that: “There is one fact that 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.” In fact, no local ordinance whatsoever
makes such prohibition.

The controversy that divided capitalists and nationalists was not conclusively
resolved by the high tribunal's ruling in the absence of a law that expressly prohibits the
challenged construction.

Hence, the imperative of a national legislation that will obviate the recurrence of
the Torre de Manila issue. In this regard, this bill seeks to expressly prohibit any
construction or real estate development that could ruin the view and sightline of any
national shrine, monument, landmark and other historic edifices and structures by
amending Section 48 of RA 10066, otherwise known as the “National Cultural Heritage

Act of 2009”. eee:

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The bill also mandates the local government unit (LGU) where any of the
aforementioned cultural properties are located to pass an ordinance that would provide
for the exact measurements of the size, height, and other relevant physical attributes of
subject cultural properties in order to protect their designated views and sightlines.

The appropriate LGU is also authorized to condemn, demolish, and abate at the
expense of the violator the offensive building or structure.

Approval of this measure is earnestly sought.

EDCEL C. LAGMAN


Congress of the Philippines
House of Representatives
Republic of the Philippines

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 102

Introduced by Representative EDCEL C. LAGMAN

AN ACT PROTECTING THE PHYSICAL INTEGRITY OF A CULTURAL PROPERTY,
PENALIZING ANY OBSTRUCTION TO ITS VIEW AND SIGHTLINE, AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 10066 OTHERWISE KNOWN AS THE
“NATIONAL CULTURAL HERITAGE ACT OF 2009”

Be it enacted by the House of Representatives and the Senate of the Congress of the
Philippines in session assembled:

SECTION 1. Short Title. — This Act shall be known as the “Cultural Property
Sightline Act’.

SEC. 2. Declaration of Policy. - The State shall conserve, preserve, develop,
protect and promote the nation’s historical and cultural heritage and the people's artistic
creations. With a view to remembering the past and honoring heroes and martyrs, the
State shall protect historical monuments, shrines, and landmarks from development
aggression and profit-motivated incursion. More specifically, Section 15 of Article XIV of
the 1987 Constitution provides: “The State shall conserve, promote and popularize the
nation’s historical and cultural heritage and resources.

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms
shall be defined as follows:

a. Cultural property refers to all products of human creativity by which a people
and a nation reveal their identity including but not limited to national historical shrines,
monuments and landmarks, as declared by the National Historical Commission of the
Philippines (NHCP);

b. National Historical Landmark refers to a site or structure that is associated with
an event or achievement significant to Philippine history as declared by the NHCP; —



c. National Historical Monument refers to a structure that honors illustrious
persons or commemorates events of historical value as declared by the NHCP;

d. National Historical Shrine refers to a historical site or structure hallowed and
revered for its history or association as declared by the NHCP;

SEC. 4. Amendment to RA No. 10066. - Section 48 on Prohibited Acts under
Article XIII of Republic Act No. 10066 is hereby amended by providing a new Section 48
(b.1) to read as follows:

(b1) AUTHORIZES OR ALLOWS THE CONSTRUCTION OF OR CONSTRUCTS
A BUILDING OR SIMILAR STRUCTURE WHICH BY ITS SIZE AND
PROXIMITY (1) OBSTRUCTS OR DWARFS THE FRONTAL, REAR OR
LATERAL VIEW OR VISTA OF A NATIONAL SHRINE, MONUMENT,
LANDMARK, AND OTHER HISTORIC EDIFICES AND STRUCTURES
DECLARED, CLASSIFIED, AND MARKED BY THE NATIONAL HISTORICAL
COMMISSION OF THE PHILIPPINES (NHCP) AS SUCH; (2) IMPAIRS THE
VISUAL DOMINANCE OF SUCH HISTORIC EDIFICES OR STRUCTURES
OVER ITS SURROUNDINGS; AND/OR (3) OBSTRUCTS THE SIGHTLINE
OF SUCH HISTORIC CULTURAL STRUCTURES.

THE LOCAL GOVERNMENT UNIT (LGU) WHERE ANY OF THE CULTURAL
PROPERTIES REFERRED TO IN THE PRECEDING PARAGRAPH IS
LOCATED SHALL ENACT AN ORDINANCE PROVIDING FOR THE EXACT
MEASUREMENTS OF THE SIZE, HEIGHT AND OTHER NECESSARY
PHYSICAL CHARACTERISTICS OF SUBJECT CULTURAL PROPERTY IN
ORDER TO PROTECT ITS DESIGNATED VIEWAND SIGHTLINE.

SUCH BUILDING OR STRUCTURE IN WHATEVER STAGE OF ITS
CONSTRUCTION SHALL BE CONDEMNED, DEMOLISHED, AND ABATED
BY THE APPROPRIATE LGU AT THE EXPENSE OF THE VIOLATOR.

SEC. 5. Penal Provision. - The penal provisions provided for under Section 49
of RANo. 10066 shalll remain applicable.

SEC. 6. Prospective Application. - This Act shall have a prospective

application. ae
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SEC. 7. Separability Clause. — If for any reason any part or provision of this Act
is declared unconstitutional or invalid, the other parts or provisions hereof which are not
affected thereby shall remain and continue to be in full force and effect

SEC. 8. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations and other issuances or parts thereof, inconsistent with the provisions of this

Act are hereby repealed, amended or modified accordingly.

SEC. 9. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation or the Official Gazette.

Approved,