G.R. No. 135962 MMDA vs. Bel-Air (Hazel) 4.

4. MMDA contends it has the power to open Neptune street to public traffic
March 27, 2000 | Puno, J. | Fundamental Powers of the State- Police Power
ISSUES:
1. W/N MMDA has police power (to mandate the opening of Neptune Street
PETITIONER: Metropolitan Manila Development Authority
RESPONDENTS: Bel-Air Village Association Inc. (BAVA)
RATIO:
SUMMARY: MMDA wanted to open Neptune street for publics use. Neptune
street is a private road located inside a private subdivision which is Bel-Air Village 1.
in Makati. Aside from opening the street, the perimeter wall separating the
subdivision from Kalayaan Avenue would be demolished. BAVA filed for issuance
of TRO and preliminary injunction against MMDA. RTC granted the TRO but
denied the issuance of preliminary injunction. CA issued the preliminary injunction
and rendered a decision in favor of BAVA on the ground that MMDA has no 2.
authority to open Neptune Street and demolish the perimeter wall and that it is the
City Council of Makati that has such power. MMDA contends that they are given
such power. The ISSUE in this case is whether or not MMDA has police power to
mandate the opening of Neptune Street for public use. The SC HELD that MMDA
do not have police powers. All of its functions are purely administrative in nature.
It is the local government units who has police power given to them by the
National Legislature through the Local Government Code of 1991.
because it is an agent of the state endowed with police power in the delivery
of basic services in Metro Manila.
for public use) NO
MMDA do not have police power. The powers of MMDA are limited to
formulation, coordination, regulation, implementation, preparation,
management, monitoring, setting of policies, installation of a system, and
administration. R.A 7924 (created MMDA) does not grant MMDA police
power. All of MMDA’s functions are administrative in nature.
The power of MMDA is limited to administrative rules and regulations.
There is no grant of authority to enact ordinances and regulations for the
general welfare of the inhabitants of the metro. It is not a political
government unit. It is the LGUs who posses the legislative power and police
power. The local government of Makati did not pass any ordinance ordering
the opening of Neptune street hence, the order of MMDA is illegal.

DOCTRINE:
Police power is vested by the Constitution to the legislature to make, ordain, and
establish all manner of wholesome and reasonable laws for the good and welfare of
the people. Police power is lodged primarily in the National Legislature.
National Legislature may delegate this power to the President and
administrative boards as well as to the local government units. However, these
agents can only exercise the powers given by Congress.

FACTS:
1. Neptune Street is located inside Bel-Air Village in Makati City. It is a
private road inside a private subdivision.
2. MMDA sent a notice to BAVA which states that they will open Neptune
Street for vehicular traffic and that the perimeter wall separating the
subdivision from Kalayaan Avenue would be demolished.
3. BAVA filed for the issuance of a TRO and preliminary injunction
prohibiting the opening of Neptune Street and the demolition of the wall.
RTC only issued TRO. CA issued preliminary injunction and decided in
favor of BAVA on the ground that MMDA has no authority/power to order
the opening of Neptune street. CA also held that such power is lodged in the
City Council of Makati.