MMDA v. Bel-Air Village Association Assoc., GR No.

135962, March 27, 2000

FACTS: In 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. 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 follow then that it need not 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. 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.

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.