Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
House Bill No. 1340
Introduced by Rep. Cielo Krisel B. Lagman 
EXPLANATORY NOTE 
Way back in 2014, the construction of the high-rise condominium Torre 
de Manila standing 870 meters to the rear of the monument of Philippine 
National Hero Dr. Jose P. Rizal in Luneta stirred a hornet's nest.  
A host of concerned government agencies and private groups 
including, among others, the National Commission for Culture and the Arts, 
the National Parks Development Committee, and the Knights of Rizal, 
expressed indignation and grave concern over the construction.  
Outraged citizens labelled it a "photobomber" or an attention grabber 
that spoils or ruins an otherwise normal photo. The Torre de Manila is the 
worst kind of photobomber since it is a constant and stationary background 
blemish that ruins pictures of our national hero's monument from all angles.  
The DMCI Homes building is too conspicuous and towers behind Rizal's 
shrine even as it distracts viewers from remembering his heroism and 
martyrdom in Luneta and the dire consequences of Spain's colonial rule in 
the Philippines spanning 300 years.  
Today, eleven years later, the Philippines still lacks a law that will 
obviate the recurrence of the Torre de Manila fiasco. The very absence of a 
statute prohibiting real estate development that could ruin the view or 
sightline of a national monument was what prompted the Supreme Court in 
2017 to decide in favor of DMCI Homes.  
On 25 April 2017, the Supreme Court ruled to lift the temporary 
restraining order that it issued one year and seven months earlier and 
allowed DMCI Homes to resume construction of the Torre de Manila 
condominium. The majority decision of the High 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."  
The dispute that divided capitalists and nationalists was not 
conclusively resolved by the high tribunal's ruling in the absence of a law 
expressly prohibiting the challenged construction.  
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It is then imperative that a national legislation be finally enacted to 
preclude the repetition of this shameful photobombing of a cultural 
landmark.  
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 historical or cultural edifices and structures 
by amending Republic Act No. 10066, otherwise known as the "National 
Cultural Heritage Act of 2009”.  
It 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 protection and prevention of any substantive adverse 
visual impact on said cultural properties that may arise from real estate 
developments in order to protect their designated views and sightlines.  
The concerned LGU is also authorized to condemn, demolish, and 
abate any offensive building or structure at any stage of its construction at 
the expense of the violator.  
It must be underscored that a similar bill was passed on third reading 
by the House of Representatives in the 18th Congress without any attendant 
controversy but it was not acted upon by the Senate.  
Approval of this measure is earnestly sought. 
CIELO KRISEL B. LAGMAN 
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
House Bill No. 1340 
Introduced by Rep. Cielo Krisel B. Lagman 
AN ACT 
PROTECTING THE PHYSICAL INTEGRITY OF A CULTURAL PROPERTY 
FROM ADVERSE VISUAL IMPACT AND PENALIZING ANY 
OBSTRUCTION OF 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 Senate and House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the "Cultural 
Property Sightline Act." 
SEC 2. Declaration of Policy. – Article XIV, Section 15 of the 
Constitution declares that "the State shall conserve, promote and popularize 
the nation's historical and cultural heritage and resources." To this end, the 
State shall preserve, protect, and promote the nation's historical and cultural 
heritage and the people's artistic creations. To honor the great deeds of the 
country’s heroes and martyrs and the important milestones in the history of 
the nation, the State shall likewise protect historical monuments, shrines, 
and landmarks from development aggression and profit-motivated incursion.  
SEC 3. Article II, Section 3 of Republic Act (R.A.) No. 10066, 
otherwise known as the "National Cultural Heritage Act of 2009," is hereby 
amended, to read as follows: 
"SEC. 3. Definition of Terms. - For purposes of this Act, the following 
terms shall be defined as follows: 
 x x x 
(o) "Cultural property" shall refer to all products of human creativity
by which a people and a nation reveal their identity, including
[churches, mosques and other places of religious worship, schools
and natural history specimens and sites, whether public- or privately
-
owned, movable or immovable, and tangible or intangible]
NATIONAL HISTORICAL SHRINES, MONUMENTS AND LANDMARKS,
AS DECLARED BY THE NATIONAL HISTORICAL COMMISSION OF THE
PHILIPPINES (NHCP);
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x x x 
(s) "NATIONAL [H]historical landmarks" shall refer to sites or 
structures that are associated with events or achievements significant 
to Philippine history as declared by the [National Historical Institute] 
NHCP. 
(t) "NATIONAL [H]historical monuments" shall refer to structures that 
honor illustrious persons or commemorate events of historical value as 
declared by the [National Historical Institute] NHCP. 
(u) "NATIONAL [H]historical shrines" shall refer to historical sites or 
structures hallowed and revered for their history or association as 
declared by the [National Historical Institute] NHCP. 
x x x 
	
SEC. 4. Article V, Section 20 of R.A. 10066 is hereby amended, to read 
as follows: 
"SEC. 20. Immovable National Cultural Treasures AND CULTURAL 
PROPERTY. -  
Immovable national treasures AND NATIONAL HISTORICAL 
LANDMARKS, SHRINES, MONUMENTS AND SITES AS DECLARED BY 
THE COMMISSION, THE APPROPRIATE CULTURAL AGENCY, OR BOTH, 
shall not be relocated, rebuilt, defaced or otherwise changed in a 
manner which would destroy, DIMINISH, OR NEGATIVELY AFFECT the 
property's SIGNIFICANCE, dignity, and authenticity, INCLUDING 
THROUGH ANY DEVELOPMENT THAT WOULD LEAD TO AN ADVERSE 
VISUAL IMPACT, except to save such property from destruction due to 
natural causes OR NATIONAL EMERGENCIES, AND WITH PRIOR 
APPROVAL FOR SUCH HIGHLY EXCEPTIONAL PURPOSES AS MAY BE 
DECLARED BY THE COMMISSION, THE APPROPRIATE CULTURAL 
AGENCY, OR BOTH." 
	
SEC. 5. Article VII, Section 25 of R.A. 10066 is hereby amended, to 
read as follows: 
"SEC. 25. Power to Issue a Cease and Desist Order. - When THE 
SIGNIFICANCE AND ESPECIALLY the physical integrity of national 
cultural treasures, NATIONAL HISTORICAL LANDMARKS, SHRINES, 
MONUMENTS AND SITES, or important cultural properties are found to 
be in danger of destruction or [significant] SUBSTANTIVE alteration 
[from its original state], INCLUDING THAT WHICH WOULD LEAD TO AN 
ADVERSE VISUAL IMPACT, THE COMMISSION, the appropriate cultural 
agency, OR BOTH, shall immediately issue a Cease and Desist Order ex 
parte suspending all activities that will affect the cultural property. The 
local government unit which has the jurisdiction over the site where 
the immovable cultural property is located shall report the same to the 
appropriate cultural agency immediately upon discovery and shall 
promptly adopt measures to [secure] PROTECT THE SIGNIFICANCE 
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AND [the] integrity of such immovable cultural property. Thereafter, 
THE COMMISSION, the appropriate cultural agency, OR BOTH, shall 
give notice to the owner or occupant of the cultural property and 
conduct a hearing on the propriety of the issuance of the Cease and 
Desist Order. The suspension of the activities shall be lifted only upon 
the written authority of THE COMMISSION, the appropriate cultural 
agency, OR BOTH, after due notice and hearing involving the 
interested parties and stakeholders." 
	
SEC. 6. Article XIII, Section 48 of R.A. 10066 is hereby amended, to 
read as follows: 
"SEC. 48. Prohibited Acts. - To the extent that the offense is not 
punishable by a higher punishment under another provision of law, 
violations of this Act may be made by any person who intentionally: 
(a) Destroys, demolishes, mutilates, [or] damages, MODIFIES OR 
PERMANENTLY AFFECTS IN ANY ADVERSE MANNER, INCLUDING 
THROUGH VISUAL IMPACT, any CULTURAL PROPERTY CLASSIFIED AS 
A UNESCO world heritage site, national cultural treasures, NATIONAL 
HISTORICAL LANDMARK, SHRINE, MONUMENT AND SITE, important 
cultural property, [and archaeological and anthropological sites] 
HISTORICALLY MARKED STRUCTURE OR SITE, AND ANY TERRESTRIAL 
OR UNDERWATER ARCHAEOLOGICAL SITE OR ANTHROPOLOGICAL 
SITE AS MAY BE DECLARED OR DESIGNATED BY THE COMMISSION, 
THE APPROPRIATE CULTURAL AGENCY, OR BOTH, WITHOUT PRIOR 
AUTHORIZATION FROM ANY OF THEM. THIS INCLUDES A SECURITY 
OR BUFFER ZONE WHICH SHALL EXTEND FIVE (5) METERS FROM THE 
ESTABLISHED PERIMETER OR CORE ZONE OF THE CULTURAL 
PROPERTY, IF NOT OTHERWISE PRESCRIBED RELATIVE TO A SPECIFIC 
CULTURAL PROPERTY. THE APPROPRIATE SECURITY OR BUFFER ZONE 
AS MAY BE ESTABLISHED BY THE COMMISSION, THE APPROPRIATE 
CULTURAL AGENCY, OR BOTH, MAY BE EXTENDED TO AS FAR AS THE 
VISIBLE HORIZON FROM APPROPRIATE VIEWING POINTS IF SUCH IS 
FOUND NECESSARY TO PROTECT AND PRESERVE THE SIGNIFICANCE 
AND INTEGRITY OF THE SPECIFIC CULTURAL PROPERTY FROM 
ADVERSE VISUAL IMPACT; 
[(b) Modifies, alters, or destroys the original features of or undertakes 
construction or real estate development in any national shrine, 
monument, landmark and other historic edifices and structures, 
declared, classified, and marked by the National Historical Institute as 
such, without the prior written permission from the Commission. This 
includes the designated security or buffer zone, extending five (5) 
meters from the visible perimeter of the monument or site;] 
(B) AUTHORIZES OR ALLOWS THE CONSTRUCTION OF, OR 
CONSTRUCTS, A BUILDING OR SIMILAR STRUCTURE THAT BECAUSE 
OF ITS SIZE, DESIGN, PURPOSE, PROXIMITY OR ANY OTHER 
RELEVANT CONSIDERATION CAUSES NEGATIVE OR ADVERSE VISUAL 
IMPACT ON ANY CULTURAL PROPERTY ENUMERATED IN SECTION 
48(a) OF THIS ACT. 
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THE LOCAL GOVERNMENT UNIT, WHERE ANY SUCH CULTURAL 
PROPERTY IS LOCATED, SHALL PASS AN ORDINANCE THAT PROVIDES 
FOR THE PROTECTION AND PREVENTION OF ANY SUBSTANTIVE 
ADVERSE VISUAL IMPACT THAT MIGHT ARISE FROM SUCH 
CONSTRUCTION, INCORPORATING IN THE ORDINANCE THE 
STIPULATIONS AND RECOMMENDATIONS TO BE MADE FOR THE 
PURPOSE BY THE COMMISSION, THE APPROPRIATE CULTURAL 
AGENCY, OR BOTH, REGARDING THE CULTURAL PROPERTY 
CONCERNED. THE ORDINANCE SHALL LIKEWISE PROVIDE FOR 
PENALTIES FOR VIOLATIONS THEREOF. ANY BUILDING OR STRUCTURE 
THAT IS CONSTRUCTED IN VIOLATION OF THIS SECTION, IN 
WHATEVER STAGE OF CONSTRUCTION, SHALL BE CONDEMNED, 
DEMOLISHED, AND ABATED BY THE CONCERNED LOCAL 
GOVERNMENT UNIT AT THE EXPENSE OF THE ENTITY OR ENTITIES 
RESPONSIBLE FOR THE VIOLATION;" 
x x x 
SEC. 7. Implementing Rules and Regulations. - Within sixty (60) days 
from the effectivity of this Act, the National Commission for Culture and the 
Arts (NCCA) shall, in coordination with concerned cultural agencies of the 
government, promulgate the necessary rules and regulations for the proper 
implementation of this Act. 
SEC. 8. Separability Clause. - If any provision of this Act is declared 
unconstitutional, the remainder of this Act or any provision not affected 
thereby shall remain in full force and effect. 
SEC. 9. Repealing Clause. - Sections 3, 20, 25, and 48 of R.A. 10066 
are hereby amended. All other laws, executive orders, presidential decrees, 
proclamations, rules, regulations, issuances, and enactments or parts 
thereof inconsistent with this Act are hereby repealed or modified 
accordingly. 
SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or in a newspaper of general circulation. 
Approved,
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