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Knight vs. DMCI et al. [SEPARATE CONCURRING OPINION, PERLAS-BERNABE, J]

KNIGHTS OF RIZAL, Petitioner versus DMCI HOMES, INC., DMCI PROJECT DEVELOPERS, INC., CITY OF MANILA, NATIONAL COMMISSION FOR CULTURE AND THE ARTS, NATIONAL MUSEUM, and NATIONAL HISTORICAL COMMISSION OF THE PHILIPPINES, Respondents PRESENT: SERENO, CJ; CARPIO; VELASCO, JR; LEONARDO-DE CASTRO; PERALTA; BERSAMIN; DEL CASTILLO; MENDOZA; REYES; PERLAS-BERNABE; LEONEN; JARDELEZA; CAGUIOA; MARTIRES; AND TIJAM, JJ

G.R. No. 213948 | 2017-04-25

SEPARATE CONCURRING OPINION
 
PERLAS-BERNABE, J:
 
Before this Court is a petition for injunction1- subsequently and uncontestedly converted by this Court into one for mandamus- filed by herein petitioner Knights of Rizal (petitioner), seeking to compel respondents2 to stop the construction of the Torre de Manila, a high-rise condominium project situated about 870 meters outside and to the rear of the Rizal Park, as it allegedly obstructs the sightline, setting, or backdrop of the Rizal Monument, which is claimed to be a historical or cultural heritage or resource protected by the Constitution and various laws. Owing to the...