MMDA v. Bel-Air Village Association, Inc., GR No. 135962, March 27, 2000

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MMDA v. Bel-Air Village Association, Inc., GR No. 135962, March 27, 2000
Nature of Police Power
FACTS:
On December 30, 1995, respondent received from petitioner, through its Chairman,
a notice dated December 22, 1995 requesting respondent to open Neptune Street to
public vehicular traffic starting January 2, 1996.
On the same day, respondent was apprised that the perimeter wall separating the
subdivision from the adjacent Kalayaan Avenue would be demolished.
On January 23, 1996, after due hearing, the trial court denied issuance of a
preliminary injunction. Respondent questioned the denial before the Court of
Appeals which rendered a Decision on merits of the case finding that the MMDA
has no authority to order the opening of Neptune Street, a private subdivision road
and cause the demolition of its perimeter walls. It held that the authority is lodged
in the City Council of Makati by ordinance.
ISSUE:
Whether or not the MMDA has no authority to order the opening of Neptune
Street, a private subdivision road and cause the demolition of its perimeter walls?
HELD:
No. It will be noted that 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 RA No. 7921 that grants MMDA police power, let alone
legislative power. Even the Metro Manila Council has not been delegated any
legislative power. Unlike the legislative bodies of the local government units,
there is no provision in RA No. 7924 that empowers the MMDA or its Council to
“enact ordinances, approve resolutions and appropriate funds for the general
welfare” of the inhabitants of Metro Manila. The MMDA is, as termed in the
charter itself, a “development authority.” It is an agency created for the purpose of
laying down policies and coordinating with the various national government
agencies, people’s organizations, non-governmental organizations, and the private
sector for the efficient and expeditious deliver of basic services in the vast
metropolitan area. All its functions are administrative in nature.
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The MMDA is not a political unit of government. The power delegated to the
MMDA is that given to the Metro Manila Council to promulgate administrative
rules and regulations in the implementation of the MMDAs functions. There is no
grant of authority to enact ordinances and regulations for the general welfare of the
inhabitants of the metropolis.
It is thus beyond doubt that MMDA is not a local government unit or a public
corporation endowed with legislative power. It is not even a “special metropolitan
political subdivision” as contemplated in Sec 11, Article X of the 1997
Constitution. The creation of a “special metropolitan political subdivision’ requires
the approval by a majority of the votes cast in a plebiscite in the political units
directly affected. RA No 7924 was not submitted to the inhabitants to Metro
Manila in a plebiscite. The Chairman of the MMDA is not an official elected by
the people, but appointment by the President with the rank and privileges of a
cabinet member. In fact, a part of his function is to perform such other duties as
may be assigned to him by the President, whereas in local government units, the
President merely exercises supervisory authority. This emphasizes the
administrative character of the MMDA.
It is the local government units, acting through their respective legislative councils,
that possess legislative power and police power. In the current case, the
Sangguniang Panglungsod of Manila City did not pass any ordinance or resolution
ordering the opening of Neptune Street, hence, its proposed opening by petitioner
MMDA is illegal and the respondent Court of Appeals did not err in so ruling.
To reiterate, the MMDA, having no police power, let alone legislative power, is
not empowered to pass an ordinance opening private roads to public traffic. Hence,
an ordinance to such effect duly promulgated by an LGU, is a requisite
2) Yes. The MMDA, having no police power, let alone legislative power, is not empowered to
pass an ordinance opening private roads to public traffic. Hence, an ordinance to such effect,
duly promulgated by an LGU, is a requisite.
WON the passage of an ordinance is a condition precedent before the MMDA may order the
opening of subdivision roads to public traffic.
Source: (in black)
https://lexobstat.blogspot.com/2019/02/mmda-v-bel-air-village-association-
inc.html
Source:
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https://legalopinion854088452.wordpress.com/2019/08/04/metropolitan-
manila-development-authority-vs-bel-air-village-association-inc-g-r-no-
135962-march-27-2000/
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