Court Decisions Pertaining to Built Heritage

CA GRCV No. 91918 – Taal Basilica (October 25, 2012)

"Defendants-appellees are permanently enjoined to comply with the provisions of Presidential Decree No. 375 and Presidential Decree No. 1505, to secure prior written permission from the National Historical Institute prior to the conduct of any construction, alteration or modification of the basilica and its premises." RTC Branch 52, Manila Civil Case No. 07-117444 – Intramuros Sports Complex (April 7, 2008)

"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.'" "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."


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