G.R. No.

135962 Case Digest

G.R. No. 135962, March 27, 2000
Metropolitan Manila Development Authority, petitioner
vs Bel-Air Village Association, Inc., respondent
POnente: Puno
Facts:
MMDA is a government agency tasked with the delivery of basic services in Metro
Manila. Bel-Air is a non-stock, non-profit corporation whose members are homeown
ers of Bel-Air Villagee in Makati City. Bel-Air is the registered owner of the N
eptune Street, a road inside Bel-Air Village.
December 30, 1995 Bel-Air received a notice from MMDA requesting Bel-Air to open
Neptune St. to public vehicular traffic. On the same day, MMDA apprised that th
e perimeter wall separating the subdivision from the adjacent Kalayaan Avenue wo
uld be demolished.
January 2, 1996, MMDA instituted a case for injunction against Bel-Air; and pray
ed for a TRO and preliminary injunction enjoining Neptune St. and prohibiting th
e demolition of the perimeter wall. Court issued a TRO the next day.
After due hearing, RTC denied the issuance of a preliminary injunction. MMDA que
stion the denial and appealed to the CA. CA conducted an ocular inspection of Ne
ptune St. then issued a writ of preliminary injunction enjoining the MMDA propos
ed action.
On January 27, 1997, appellate court rendered a decision finding MMDA no authori
ty to order the opening of Neptune St. It held that the authority is in the City
Council of Makati by ordinance.
The motion for reconsideration is denied hence this recourse.
Issues: (1) MMDA has the authority to mandate the opening of Neptune St. to publ
ic traffic pursuant to its regulatory and police powers? (2) Is passage of an or
dinance a condition precedent before the MMDA may order the opening of subdividi
on roads to public traffic? (3) Is Bel-Air estopped from denying the authority o
f MMDA? (4)Was Bel-Air denied of due process despite the several meetings held b
etween MMDA and Bel-Air? (5) Has Bel-Air come to court with unclean hands?
MMDA: it has the authority to open Neptune St. because it is an agent of the Gov
ernment endowed with police power in the delivery of basic services in Metro Man
ila. From the premise of police powers, it follow then that it need not for an o
rdinance to be enacted first.
**Police power is an inherent attribute of sovereignty. Police power is lodged p
rimarily in the National Legislature, which the latter can delegate to the Presi
dent 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 t
he general welfare of the province/city/municipality.
**Metro Manila is declared as a special development and administrative region in
1995. And the administration of metro-wide basic services is under the MMDA.Whi
ch includes, transport and traffice management. It should be noted that MMDA are
limited to the acts: formulation, coordination, regulation, implementation, pre
paration, management, monitoring, setting of policies and installation of a syst
em and administration. MMDA was not granted with legislative power.

Ruling:
(1) The basis for the proposed opening of Neptune Street is contained in the not
ice of December 22, 1995 sent by petitioner to respondent BAVA, through its pres
ident. The notice does not cite any ordinance or law, either by the Sangguniang
Panlungsod of Makati City or by the MMDA, as the legal basis for the proposed op
ening of Neptune St.
(2) The MMDA is not the same entity as the MMC in Sangalang. Although the MMC is
the forerunner of the present MMDA, an examination of Presidential Decree (P. D
.) No. 824, the charter of the MMC, shows that the latter possessed greater powe
rs which were not bestowed on the present MMDA.
(3) Under the 1987 Constitution, the local government units became primarily res
ponsible for the governance of their respective political subdivisions. The MMA'
s jurisdiction was limited to addressing common problems involving basic service
s that transcended local boundaries. It did not have legislative power.
Petition Denied.
Posted by Jeannette Guian