MMDA vs.

Bel-Air Village Association

Facts:
Respondent received from petitioner a notice requesting the former to open its private road, Neptune
Street, to public vehicular traffic starting January 2, 1996.
On the same day, respondent was apprised that the perimeter separating the subdivision from
Kalayaan Avenue would be demolished.
Respondent instituted a petition for injunction against petitioner, praying for the issuance of a TRO
and preliminary injunction enjoining the opening of Neptune Street and prohibiting the demolition of
the perimeter wall.
The trial court denied issuance of a preliminary injunction on the ground that the MMDA has no
authority to order the opening of Neptune Street, and cause the demolition of its perimeter walls and
the authority is lodged in the City Council of Makati by ordinance.
MMDA said it has the authority to open Neptune St. because it is an agent of the Government
endowed with police power in the delivery of basic services in Metro Manila so there is no need for
an ordinance to be enacted first.
Issue:
Does MMDA has the mandate to open Neptune Street to public traffic pursuant to its regulatory and
police powers?
Ruling:
No. According to SC, Police power is an inherent attribute of sovereignty. Police power is lodged
primarily in the National Legislature, which the latter can delegate to the President and
administrative boards, LGU or other lawmaking bodies.
LGU is a political subdivision for local affairs. Which has a legislative body empowered to enact
ordinances, approved resolutions and appropriate funds for the general welfare of the
province/city/municipality.
The MMDA is, as termed in the charter itself, "development authority." All its functions are
administrative in nature.The powers of the MMDA are limited to the following acts: formulation,
coordination, regulation,implementation, preparation, management, monitoring, setting of policies,
installation of a system and administration. There is no syllable in R.A. No. 7924 that grants the
MMDA police power, let alone legislative power
In sum, the MMDA has no power to enact ordinances for the welfare of the community. It is the
LGUs, acting through their respective legislative councils, that possess legislative power and police
power.
The Sangguniang Panlungsod of Makati City did not pass any ordinance or resolution ordering the
opening of Neptune Street, hence, its proposed opening by the MMDA is illegal.