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Mmda Vs Bel-Air - Digest

The Metropolitan Manila Development Authority (MMDA) petitioned the Supreme Court to review a decision of the Court of Appeals granting a preliminary injunction in favor of the Bel-Air Village Association regarding the opening of Neptune Street in Makati City to public traffic. The Supreme Court affirmed the Court of Appeals' decision, finding that the MMDA does not have legislative or police power and its proposed opening of the street without an ordinance from the local government was illegal. The MMDA's powers are limited to administrative functions like coordination and policy-making, and it is not a local government unit with the authority to enact ordinances.

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80 views

Mmda Vs Bel-Air - Digest

The Metropolitan Manila Development Authority (MMDA) petitioned the Supreme Court to review a decision of the Court of Appeals granting a preliminary injunction in favor of the Bel-Air Village Association regarding the opening of Neptune Street in Makati City to public traffic. The Supreme Court affirmed the Court of Appeals' decision, finding that the MMDA does not have legislative or police power and its proposed opening of the street without an ordinance from the local government was illegal. The MMDA's powers are limited to administrative functions like coordination and policy-making, and it is not a local government unit with the authority to enact ordinances.

Uploaded by

Dane Pauline Adora
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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METROPOLITAN MANILA DEVELOPMENT AUTHORITY vs.

BEL-
AIR VILLAGE ASSOCIATION, INC
No. 135962 | 2000, March 27
PUNO, J.
Facts:
            Petitioner filed a review of certiorari on the
decision of the CA. Petitioner, a government agency tasked to
provide basic services in Metro Manila issued a notice dated
Dec. 22 1995 requesting the use of Neptune St. and open such
to public vehicular traffic starting Jan 2 1996. Bel Air Village
Association, a non stock, non-profit corporation whose
members are homeowners from the village, is the registered
owner of Neptune St.
            Jan 2 1996, BAVA instituted an action against
petitioner before the RTC of Makati for injunction and a
temporary restraining order which was issued by the court the
flowing day. RTC denied the issuance of a preliminary
injunction which was reversed by the CA hence the petition.
Issue:

1. Whether or not the CA erred in its decision to grant a


preliminary injunction

Ratio:

1. the SC defined police power as The power is plenary and


its scope is vast and pervasive, reaching and justifying
measures for public health, public safety, public morals,
and the general welfare. Although such power is lodged
primarily in the National Legislature it cannot be
exercised by any group or body with legislative power
thus the National Legislature may delegate this power to
the President and administrative boards. Once delegated,
the agents can exercise only such legislative powers as
are conferred on them by the national lawmaking body.
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 R.A. No. 7924 that grants the MMDA police
power, let alone legislative power. government.—Clearly, 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 MMDA’s functions.
It is thus beyond doubt that the MMDA is not a local
government unit or a public corporation endowed with
legislative power. Clearly then, the MMC under P.D. No. 824 is
not the same entity as the MMDA under R.A. No. 7924. Unlike
the MMC, the MMDA has no power to enact ordinances for the
welfare of the community. It is the local government units,
acting through their respective legislative councils, that
possess legislative power and police power. In the case at bar,
the Sangguniang Panlungsod of Makati 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.
Decision/ Ruling:
IN VIEW WHEREOF, the petition is denied. The Decision and
Resolution of the Court of Appeals in CA-G.R. SP No. 39549 are
affirmed.

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