Easement of View vs Torre de Manila
Easement of View
vs Torre de Manila
So much controversies have been generated from the construction of a high-rise “Torre de Manila” across Taft Avenue from the edge of the Luneta Park, so high it is that even though the construction of all stories is far from over it has already caused irritation to advocates of preserving the unobstructed horizon view from the monument of national hero Jose Protacio Rizal. It was constructed after it was granted a building permit by the Manila City Hall.
One of the leading advocates is Senator Pia Cayetano, who are insisting that the owner of Torre de Manila has no right to obstruct the view. On the side of the owner, it is insisting its right of ownership to construct whatever building it wants on its property.
Many wonder if indeed the advocates have any right to demand a stop to the construction of Torre de Manila.
Actually, the advocates have a good cause. Read the brief legal discourse below.
One law that may be used in limiting the exercise of right of ownership of the owner of Torre de Manila is the easement of view.
The Luneta Park purposed for Jose Rizal has been there for over a hundred years and that length of time is more than sufficient to constitute a notice to all surrounding property owners not to disturb the horizon view of Jose Protacio Rizal.
The law on easement view, however, requires that for one to have superior right to the view he must issue a notarized notice to all owners of affected property demanding upon them not to disturb his desired view as set forth in the notarized letter.
This author does not have knowledge of any notarized letter issued to all owners of surrounding property informing them not to disturb the horizon view of JPR monument.
However, JPR being the national hero as proclaimed by a law is more than sufficient to constitute as a notarized notice to all owners of property surrounding his monument.
Another law, Republic Act 1425, mandates all educational institutions, private and public, elementary, high school and college, to teach students on the life and works of JPR.
Among those required to be taught are the events that led to his birth, his student life, his professional life, his patriotic works including El Filibusterismo and Noli Me Tangere and all others that led to his trial for rebellion against Spain, his trial, and his eventual firing squad in the very place where his monument and, presumably, his bones are placed.
All these are more than a notarized letter to inform why the horizontal view is indispensable to the monument of JPR at the Luneta Park.
After all, the only purpose of the notarization is only to set the time of reckoning for the number of years required to constitute the prohibition on view to run.
And the laws passed on JPR can always be reckoned from the time of their enactment as laws.
Having known the tremendous importance of the view, disturbance is not less than NUISANCE PER SE.