MMDA v Bel-Air Village Association, Inc.

GR 135962
March 27, 2000
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 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.

ISSUE:
WON MMDA has the authority to open Neptune Street to public traffic as an agent of
the state endowed with police power.

HELD:
A local government is a political subdivision of a nation or state which is constituted by
law and has substantial control of local affairs. It is a body politic and corporate one
endowed with powers as a political subdivision of the National Government and as a
corporate entity representing the inhabitants of its territory (LGC of 1991).

Our Congress delegated police power to the LGUs in Sec.16 of the LGC of 1991. It
empowers the sangguniang panlalawigan, panlungsod and bayan to enact
ordinances, approve resolutions and appropriate funds for the general welfare of
the [province, city or municipality] and its inhabitants pursuant to Sec.16 of the
Code and in the proper exercise of the [LGU's corporate powers] provided under the
Code.

There is no syllable in RA 7924 that grants the MMDA police power, let alone legislative
power. Unlike the legislative bodies of the LGUs, there is no grant of authority in RA
7924 that allows the MMDA to enact ordinances and regulations for the general welfare
of the inhabitants of Metro Manila. The MMDA is merely a development
authority and not a political unit of government since it is neither an LGU or a public
corporation endowed with legislative power. The MMDA Chairman is not an elective
official, but is merely appointed by the President with the rank and privileges of a
cabinet member.

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.
MMDA vs GARIN
FACTS: Respondent Garin was issued a traffic violation receipt (TVR) and his
driverslicense was confiscated for parking illegally. Garin wrote to then MMDA
ChairmanProspero Oreta requesting the return of his license and expressed his
preference for hiscase to be file in Court. Without an immediate reply from the
chairman, Garin filed for a preliminary injunction assailing among others that Sec 5 (f) of
RA 7924 violates theconstitutional prohibition against undue delegation of legislative
authority, allowingMMDA to fix and impose unspecified and unlimited fines and
penalties. RTC rule in hisfavor, directing MMDA to return his license and for the
authority to desist fromconfiscating drivers license without first giving the driver the
opportunity to be heard inan appropriate proceeding. Thus this petition.
ISSUE: Whether of not Sec 5(f) of RA 7924 which authorizes MMDA to confiscate
andsuspend or revoke drivers license in the enforcement of traffic rules and
regulationsconstitutional?
RULING: The MMDA is not vested with police power. It was concluded that MMDA is
nota local government unit of a public corporation endowed with legislative power and it
hasno power to enact ordinances for the welfare of the community.Police power, as an
inherent attribute of sovereignty is the power vested in thelegislature to make, ordain,
establish all manner of wholesome and reasonable laws,statutes and ordinances either
with penalties of without, not repugnant to the constitution,as they shall judge to be for
good and welfare of the commonwealth and for subjects of the same.There is no
provision in RA 7924 that empowers MMDA or its council to enactordinance, approve
resolutions and appropriate funds for the general welfare of theinhabitants of Metro
Manila. It is an agency created for the purpose of laying down policies and coordinating
with the various national government agencies, PeoplesOrganizations, NGOs and
private sector for the efficient and expeditious delivery of services. All its functions are
administrative in nature.