4. METROPOLITAN MANILA DEVELOPMENT AUTHORITY V. BEL-AIR VILLAGE ASSOC, GR NO.

135962

FACTS:
On December 30, 1995, 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 (Bel-Air Village) 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
Temporary restraining order 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 appeal, the appellate court ruled that the MMDA has no authority to order the opening of
Neptune Street, and cause the demolition of its perimeter walls. It held that 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. From the premise of police
powers, it follows then that it need not for an ordinance to be enacted first. Hence this petition.
ISSUE:
W/N MMDA has the mandate to open Neptune Street to public traffic pursuant to its regulatory
and police powers?
RULING:
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.
Wherefore, the petition is denied.