Facts: Petitioner MMDA is a government agency tasked with the delivery of basic services in Metro
Manila. Respondent BAVA is the registered owner of Neptune Street, a road inside Bel-Air Village. On
December 30, 1995, respondent received from petitioner, through its Chairman, a notice requesting
respondent to open Neptune Street to public vehicular traffic. On the same day, respondent was
apprised that the perimeter wall separating the subdivision from the adjacent Kalayaan Avenue would
be demolished. On January 2, 1996, respondent instituted against petitioner before the Regional Trial
Court for injunction praying for the issuance of a temporary restraining order 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. The Court of Appeals, however, found that the MMDA
has no authority to order the opening of Neptune Street, a private subdivision road and cause the
demolition of its perimeter walls. Petitioner MMDA claims that it has the authority to open Neptune
Street to public traffic because it is an agent of the state endowed with police power in the delivery of
basic services in Metro Manila. From the premise that it has police power, it is now urged that there is
no need for the City of Makati to enact an ordinance opening Neptune street to the public.
Issue #1: HAS THE METROPOLITAN MANILA DEVELOPMENT AUTHORITY (MMDA) THE MANDATE TO
OPEN NEPTUNE STREET TO PUBLIC TRAFFIC PURSUANT TO ITS REGULATORY AND POLICE POWERS?
Held: No
Ratio Decidendi:
It bears stressing that police power is lodged primarily in the National Legislature. 12 It cannot be
exercised by any group or body of individuals not possessing “legislative” power. 13 The National
Legislature, however, may delegate this power to the President and administrative boards as well as the
lawmaking bodies of municipal corporations or local government units. 14 Once delegated, the agents
can exercise only such legislative powers as are conferred on them by the national lawmaking body.
Local government units exercise police power through their respective legislative bodies. The legislative
body of the provincial government is the sangguniang panlalawigan, that of the city government is
the sangguniang panlungsod, that of the municipal government is the sangguniang bayan, and that of
the barangay is the sangguniang barangay. The Local Government Code of 1991 empowers
the sangguniang panlalawigan, sangguniang panlungsod and sangguniang bayan to "enact ordinances,
approve resolutions and appropriate funds for the general welfare of the [province, city or municipality,
as the case may be], and its inhabitants pursuant to Section 16 of the Code and in the proper exercise of
the corporate powers of the [province, city municipality] provided under the Code . . . " 22 The same
Code gives the sangguniang barangay the power to "enact ordinances as may be necessary to discharge
the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the
inhabitants thereon."
In the delivery of the seven (7) basic services, the MMDA has the following powers and functions:...
(See Full Text)
Clearly, the scope of the MMDA's function is limited to the delivery of the seven (7) basic services.
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.
Unlike the legislative bodies of the local government units, there is no provision in R.A. No. 7924 that
empowers the MMDA or its Council to "enact ordinances, approve resolutions appropriate funds for
the general welfare" of the inhabitants of Metro Manila.
The MMDA is, as termed in the charter itself, "development authority." 30 It is an agency created for the
purpose of laying down policies and coordinating with the 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. All its functions are administrative in
nature.
Issue #2: IS THE PASSAGE OF AN ORDINANCE A CONDITION PRECEDENT BEFORE THE MMDA MAY
ORDER THE OPENING OF SUBDIVISION ROADS TO PUBLIC TRAFFIC?
Held: Yes
Ratio Decidendi:
In the instant case, the basis for the proposed opening of Neptune Street is contained in the notice of
December 22, 1995 sent by petitioner to respondent BAVA, through its president. 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 opening of Neptune Street.
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. There is no grant of authority to enact ordinances and
regulations for the general welfare of the inhabitants of the metropolis
It is thus beyond doubt that the MMDA is not a local government unit or a public corporation
endowed with legislative power.
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.
