Pablo, Yosef Maru B.

P296A Second Semester AY 2016-2017

Faculty Marked Assignment #1

How Do Community Concerns Become Legal Issues? The Role of Urban and
Regional Planners

Typically in situations where the state would implement projects or policies that
could create a resounding impact to the community would certainly create issues within
the community. Such issues vary in kind whether social, environmental, physical etc. If
a particular concern deals with things that can be perceived as directly affecting the
community's rights, livelihood, health and even the quality of life eventually a legal
conflict would ensue. Community concerns may also be brought about by a new plan
brought about by the LGU. A particular change in land use may lead to some long term
impacts to the community eventually raising concerns. The change in land use may
limit the rights of people on how they can utilize the land they own. Some examples of
such cases would be right of way issues and zoning regulations or land use changes.
Exemptions granted to private companies with regards their land use also creates a
source of tension in the community. An exemption to a zoning ordinance may raise
issues in the community and eventually lead to opposition. If a state intervention such
as a plan or a policy or even exemptions granted to private are perceived as the stated
exercising its powers in a manner that is not in the best interest of the community then
a legal issue would ensue.

SMDC Blue Residences and the Loyola Heights Community

The 17th City Council of the Quezon City Council during its 83rd Regular Session
authorized the exemption in favor of SM Development Corporation for the construction
of a forty-two storey commercial and residential condominium building with basement
and roofdeck with amenities located at Katipunan Ave. corner Aurora Boulevard,
Barangay Loyola Heights, Quezon City through Resolution No. SP 4866 (S. 2010). The
reason for the exemption is that the project will not adversely affect public health,
safety, and welfare and the appropriate use of the adjoining property. It will also
provide and promote livelihood in the community. The Loyola Heights Community along
with members of the Ateneo de Manila University contested the exemption citing the
17th QC Council's resolution regarding SMDC's zoning exemptions is beyond what is
acceptable in the Quezon City Zoning Ordinance. The LHC is also questioning the
manner in which the exemption was granted to SMDC, which was within a day where
such process takes a considerable amount of time to get approved. Exemptions in
principle are interpreted against the seeking party giving them the burden of proving
entitlement, however the reason for granting the exemption placed the burden on the
LHC. The LHC expressed several concerns over the construction of the said
condominium, all of which are caused by the congestion that will be brought about by
the project stating that a building of considerable volume will drastically increase traffic
in an area already known for heavy traffic during peak hours. In spite of protests by the
Ateneo and the LHC, a building permit was still issued to SMDC. This in turn lead the
LHC to turn to the Office of the Ombudsman to file a case against the The 17th City
Council of the Quezon City allegedly violating the Anti-Graft and Corruption Act

Torre de Manila the "National Photobomber"

Torre de Manila, an ongoing controversy regarding a condominium under

construction by real estate developer DMCI homes and is related to alleged violations of
zoning ordinances and it's negative impact to national heritage due to its apparent
visual impact to the backdrop of the Rizal Monument. Opposition states that the
developer violated Manila's zoning laws by building a high rise building in an area
surrounded by a low profile cityscape and exceeds the area's floor area ratio limit. Much
of its opposition surrounded it's apparent intrusion on the visual backdrop of the Rizal
Monument which according to NCCA, violates RA No. 10066 where the building
"destroys or significantly alters" the monuments view. The Knights of Rizal filed a
petition with the Supreme Court citing RA No. 4846, RA No.10066 and zoning violations
for an issuance of a Temporary Restraining Order and to demolish and structure. The
TRO was eventually granted but the decision on the demolishing the structure is
pending as of the moment.

The Role of Urban and Regional Planners

Urban and regional planners play a significant role in the context of community and
legal issues prior and after the implementation of a plan. Prior to establishing a plan for
developing a particular area they should be able to predict how the community would
react to certain changes a plan can bring about in their lives. If an issue might arise
from implementation then it is the planner who should be able to convince the
community the long term benefits of their proposed plan, if otherwise the planner
should be able to make the right changes in the plan so as to satisfy the community's
demands. If a community concern grows into a legal issue, the planner should be able
to provide insight on how these issues may be resolved without too much compromise
for all involved parties. Though this may prove difficult on many cases, a planner to the
best of his/her abilities should act as a honest broker and be able to provide win-win
solutions.
References:

Francisco, Katerina. "TIMELINE: The Torre de Manila case." Rappler Philippines. September 28, 2015.
http://www.rappler.com/nation/104667-torre-de-manila-dmci-supreme-court-timeline.

Knights of Rizal v. DMCI, G.R. No. 213948, July 21, 2015

Mandelker, Daniel R. "The Role of Law in the Planning Process." Law and Contemporary Problems 30 (1965): 26-
37. Accessed February 10, 2017.

Montenegro, Candice , and Earl Rosero. "Rise of 42-story building sparks Loyola student protest." GMA
News Online. August 12, 2011. Accessed February 10, 2017.
http://www.gmanetwork.com/news/story/229303/news/nation/rise-of-42-story-building-sparks- loyola-
student-protest.

Quismundo, Tarra. "Ateneo files graft raps vs QC council over SM condo." Inquirer.net. December 14, 2014.
http://newsinfo.inquirer.net/110595/ateneo-files-graft-raps-vs-qc-council-over-sm-condo.