Bill penalizing 'photobomber' of nat'l shrines, monuments approved on final reading


The House of Representatives on Monday, March 15, approved on third and final reading a bill penalizing builders of “photobombers” of any national shrine, landmark, monument and other historical edifices and structures.

With all 210 congressmen present voting on the affirmative, the Lower Chamber gave the final approval for House Bill 8829 that will prevent a repetition of the controversy triggered by the skyscraper Torre de Manila that was constructed by DMCI Homes.

Authored by Albay Rep. Edcel Lagman HB 8829 proposes to protect the physical integrity of a cultural or historical property of the country by penalizing persons that will cause the obstruction to its view and sightline.

Lagman filed the bill in a bid to prevent a similar Torre de Manila photobombing incident that triggered a national scandal involving the DMCI Homes and local official of Manila from 2012 to 2017.

In filing the bill, Lagman cited the SC ruling that allowed lifted a temporary restraining order issued by a lower court that suspended the construction by DMCI Homes.

“There is one fact that is crystal clear in this case. There is no law prohibiting the construction of the Torre de Manila due to its effect on the background, ‘view, vista, sightline or setting of the Rizal Monument,” said the High Tribunal.

The National Commission for Culture and the Arts, the National Parks Development Committee and the Knights of Rizal have assailed the construction of the condominium building for ruining the view of the Rizal monument.

“It is too conspicuous to be denied that the DMCI Homes tower derogates the national hero’s shrine. It obstructs he skyline even as it distracts the viewers from remembering Rizal’s heroism and martyrdom in Luneta and the dire effects of Spain’s colonial rule,” explained Lagman.

He noted that netizens have condemned the tower as a “photobomber”.

According to Lagman HB 8829 proposes to prohibit any construction or real estate development that could “ruin the view and sightline of any national shrine, monument, landmark and other historic edifices and structures”.

HB 8829 proposes to amend Republic Act 10066, otherwise known as the National Cultural Heritage Act of 2009” by modifying the definitions of ‘cultural property’, historical monument’ and ‘historical shrine’.

It expands Section 20 of the law to include national historical landmarks, shrines, monuments, and sites that should not be relocated or altered through substantive development that would adversely affect their visual impact.

Under the bill, local government units are mandated to pass an ordinance for the protection of any cultural property in their respective jurisdictions.