Constitutional Case: MMDA Vs. Bel-Air Village

MMDA Vs. Bel-Air Village

Facts:

Metropolitan Manila Development Authority (MMDA), petitioner herein, is a Government　Agency　tasked with the delivery of basic services in Metro Manila. Bel-Air Village　Association (BAVA),　respondent herein, received a letter of request from the petitioner to open Neptune Street of Bel-Air Village for the use of the public. The said opening of Neptune Street will be for the safe and　convenient movement of persons and to regulate the flow of traffic in Makati City. This was　pursuant to MMDA law or Republic Act No. 7924.　On the same day, the respondent was　appraised that the perimeter wall separating the　subdivision and Kalayaan Avenue would be　demolished.

The respondent, to stop the opening of the said street and demolition of the wall, filed a　preliminary injunction and a temporary restraining order. Respondent claimed that the　MMDA had　no authority to do so and the lower court decided in favor of the Respondent. Petitioner appealed　the decision of the lower courts and claimed that it has the authority to open Neptune Street to　public traffic because it is an agent of the State that can　practice police power in the delivery of　basic services in Metro Manila.

Issue:　Whether or not the MMDA has the mandate to open Neptune Street to public traffic pursuant to

its regulatory and police powers.

Held:

The Court held that the MMDA does not have the capacity to exercise police power. Police power　is primarily lodged in the National Legislature. However, police power may be delegated to　government units. Petitioner herein is a development authority and not a political government　unit. Therefore, the MMDA cannot exercise police power because it cannot be delegated to them.

It is not a legislative unit of the government. Republic Act No. 7924 does not empower the MMDA　to enact ordinances, approve resolutions and appropriate funds for the general welfare of the　inhabitants of Manila. There is no syllable in the said act that grants MMDA police power.　It is an agency created for the purpose of laying down policies and coordinating with various　national government agencies, people’s organizations, non-governmental organizations and the　private sector for the efficient and expeditious delivery of basic services in the vast metropolitan　area.