One more case for heritage jurisprudence!

Remember the sports complex being constructed in 2007 by former PTA GM Robert Dean Barbers right beside the walls of Intramuros? It turns out, heritage won the case last year. And I only found out about it after Bambi Harper casually mentioned this to me at a U.S. Embassy event last Holy Week. So I asked her for a copy of the decision.

The case was filed in Regional Trial Court Branch 52, Manila (Civil Case No. 07-117444). The decision is seven pages long, legal-sized paper. So it will take quite a while to retype it. But here are some interesting excerpts which I believe will become basis for future cases on heritage issues:

REPUBLIC OF THE PHILIPPINES (through Intramuros Admnisitration Board of Administrators represented by its Chairman, Secretary Joseph M. Durano), Petitioner
vs.
PHILIPPINE TOURISM AUTHORITY GENERAL MANAGER ROBERT DEAN S. BARBERS and 1A BASQUE CONSTRUCTION CORPORATION, Respondents

X----------------X

DECISION

Petitioner through the Office of the Solicitor General assails via this Petition for Prohibition with prayer for Temporary Restraining Order (TRO) and a Writ of Preliminary Injunction the construction of the sports complex undertaken by the public respondent, Hon. Robert Dean S. Barbers, General Manager, Philippine Tourism Authority through the contractor, private respondent Basque (should be Bosque) Construction Corporation.

Petitioner claims that the project was undertaken by the respondents without the required permit and locational clearance from petitioner in violation of Section 3, Rule VIII of the IRR (Implementing Rules and Regulations) of Presidential Decree No. 1616 and that it also violates the pertinent conditions embodied in the Memorandum of Agreement entered into by them sometime in 1981.

* * *

Moreover, although admittedly, the project site is on a parcel of land owned by the public respondent, Article 428 of the New Civil Code provides that "the right of an owner over his property is not absolute but is subject to certain limitations established by law". Under the Memorandum of Agreement entered into by petitioner and PTA, the properties ceded to PTA under PD 1763 shall be utilized and developed strictly in accordance with the charter of petitioner, its development plan, its rules and regulations and such other policies as the Board of the herein petitioner may formulate. On the last page of the said Memorandum of Agreement, the signature of the then President Marcos appears immediately below the entry which reads "upon authority of the President". It clearly appears then that the execution of the Memorandum of Agreement was in accordance with the mandate of PD 1763.

It follows that the project did not comply with PD 1616 requiring a permit and developmental clearances from petitioner. It also violated the Memorandum of Agreement between petitioner and the public respondent which has the force of law between them. It will be noted that petitioner here is the Republic of the Philippines suing through IA Board of Administrators represented by its Chairman Secretary Durano. Under PD 1616, the Intramuros Administration is mandated to restore and develop Intramuros as a monument to the Hispanic period of Philippine history. Indeed, Intramuros has been priceless heritage for the City of Manila and a major historical landmark of the country. It is our nation's link to the past. Clearly, the construction injures the rights of Intramuros Administration and the nation as well. The court shares the view of petitioner that it is every Filipino's right to have a part of the national heritage like the Intramuros wall protected, preserved, restored and enhanced. Also, for those reasons, the court finds the arguments of the respondents untenable.

* * *

WHEREFORE, let a Writ of Prohibition issue directing respondents to cease and desist from continuing construction of the sports complex. The Writ of Preliminary Injunction earlier issued is hereby declared permanent and respondents are also ordered to demolish the illegal construction at their expense.

With costs against the respondents.

SO ORDERED.

Manila, Philippines, April 7, 2008

(signed)
ANTONIO M. ROSALES
Presiding Judge

Related entry
Protect the walls of Intramuros!

Related articles
Stationary bandits in Intramuros (Gemma Cruz-Araneta, Manila Bulletin)
The arrogance of dimwits (Bambi Harper, Malaya)
Ugly side of Tourism Authority revealed (Manila Times)
Former PTA heads want Gen. Mgr. Barbers charged (Manila Times)
What is behind Barbers’ insistence on this project? (Manila Times)

Pangasinan: Tondol Beach in Anda, Pangasinan

Tondol Beach is definitely the best beach in Pangasinan and perfect when the tide is low. The last time I visited the beach, the tide was a bit high. So it wasn't a really great view. So I made sure to come back again when the tide was lower.

It's a five to six hour drive from Manila to Anda, Pangasinan. You'll go through Camiling and pass by Lingayen and through Alaminos (stopover at the Hundred Islands anyone?). It's on the way to Bolinao, right after the town of Bani.

The bad part about today was that low tide was at 1 a.m. And we were scheduled to arrive in Tondol at 10:30 a.m. Make sure you check what time low tide is. We decided to take the risk and we were not disappointed. The sun was perfect (the best time to visit is in the morning to early afternoon). By the time we arrived, the sand was already underwater. But thanks to the clear blue sky, Tondol did not fail to impress.

What I like about Tondol is the powder ivory white sand. In fact, there is an island one kilometer from the shore which you could walk or wade to. And it's powder white sand all the way. When the tide is low, you can pick a spot in the middle of the water and just sit down there the whole day. So if there is any beach that can claim to be the Boracay of the North, it's Tondol! But why even claim such a thing? Why are we always content with being a copy of the original when each beach is unique.

Tondol is actually a public beach and entrance fee is only PHP5. You can rent large huts for PHP200. For now, there aren't any good resorts to stay in so the best option when visiting Tondol is to stay overnight in neighboring Bolinao which is about 45 minutes away.

Travel advisory
As of this writing, the bridge in Bani is under construction and they let cars pass through a detour which is really long and rough. So if you're bringing a car, one option is to pass by Mabini. That's a longer detour but roads are paved all the way. The other option is a short-cut detour near the bridge for light vehicles that was built by some enterprising locals. They charge a PHP20 toll fee for you to pass through a dirt road built through private properties. It saves you a lot of time.

Pangasinan: Visita iglesia to Western Pangasinan churches

Pangasinan has a lot of heritage churches. And it being a really big province, the churches are scattered all over. One route is the Western Pangasinan route from Camiling, Tarlac to Bolinao, Pangasinan. I noticed old churches in the towns of Mangatarem, Aguilar, Bugallon, Lingayen, Labrador, Alaminos, and Bolinao.

The first stop is the church in Mangatarem. You can't miss the Mangatarem Church because of its large green dome. The convento beside it is also intact but renovations have been done to the interior.

Aguilar is a next town. The Aguilar Church is very much intacts since the simple ceiling paintings, its wooden retablo and the convento are still there. I hope it stays that way.

Bugallon does not seem to have an old church. That's because the old town church is not along the National Highway. You'll have to enter Brgy. Salasa to see this old red brick church. The Salasa Church even has remnants of its old perimeter wall still standing.

Since I started late in the afternoon, I stayed in Lingayen for the night. It's a coastal town and if you're very observant, you'll notice some colorful birds every now and then. The Lingayen Co-Cathedral (its co-cathedral is in Dagupan). This one is a depressing story. And it is a blatant example of Roman Catholic Church, Inc. which I mentioned in the visita iglesia in Batangas post.

The centuries-old convento was demolished and a commercial structure was built to replace it, all under the watch of Archbishop Oscar Cruz. I expected much more from Archbishop Cruz. This incident is very sad.

When in Lingayen, make sure to drop by the Pangasinan Capitol and Lingayen Beach which is famous because of the MacArthur Landings during the Second World War. Several years back, even the Spanish colonial Casa Real was still intact. But a typhoon blew off its roof and it's now in a very sad situation.

On the way to Alaminos, you'll pass by the town of Labrador. I noticed the church was a bit old but I wasn't able to stop to investigate it further. Alaminos Cathedral, just like many cathedrals, has been renovated inside. It's sad because many of the old houses are still intact. I wonder when they demolished the orginal municipio because the plaza would have made an interesting cultural tourism attraction.

I hope Mayor Hernani Braganza realizes the strong potential of Alaminos, not just as an eco-tourism destination, but as a cultural and culinary destination. I'd really enjoy it if some of those old houses were converted into restaurants that serve Alaminos longaniza among other things! It would be a great stopover when visiting the Hundred Islands or Bolinao.

At the end of the road is Bolinao Church. I'll talk more about Bolinao in a different post. But worth mentioning is that it is challenging the claim of Limasawa as the site of the first Mass in the Philippines. Records say that it was Italian missionary Blessed Odorico who, on his way to china, said the first Mass when he took refuge in Bolinao Bay during a storm in 1324. The claim further mentions that he even baptized several locals making him the first evangelizer in the Philippines.

You can also do the Central Pangasinan route which takes you to Manaoag, Calasiao, San Carlos and Binmaley among others.

Part 2: Hundred Islands in Alaminos, Pangasinan
Part 3: Tondol White Sand Beach in Anda, Pangasinan during high tide