G.R. No. 135962 Case Digest

G.R. No. 135962, March 27, 2000

Metropolitan Manila Development Authority, petitioner

vs Bel-Air Village Association, Inc., respondent

POnente: Puno

Facts: 

MMDA is a government agency tasked with the delivery of basic services in Metro Manila. Bel-Air is a non-stock, non-profit corporation whose members are homeowners of Bel-Air Villagee in Makati City. Bel-Air is the registered owner of the Neptune Street, a road inside Bel-Air Village.

December 30, 1995 Bel-Air received a notice from MMDA requesting Bel-Air to open Neptune St. to public vehicular traffic. On the same day, MMDA apprised that the perimeter wall separating the subdivision from the adjacent Kalayaan Avenue would be demolished.

January 2, 1996, MMDA instituted a case for injunction against Bel-Air; and prayed for a TRO and preliminary injunction enjoining Neptune St. and prohibiting the demolition of the perimeter wall. Court issued a TRO the next day.

After due hearing, RTC denied the issuance of a preliminary injunction. MMDA question the denial and appealed to the CA. CA conducted an ocular inspection of Neptune St. then issued a writ of preliminary injunction enjoining the MMDA proposed action. 

On January 27, 1997, appellate court rendered a decision finding MMDA no authority to order the opening of Neptune St. It held that the authority is in the City Council of Makati by ordinance.

The motion for reconsideration is denied hence this recourse.

Issues: (1) MMDA has the authority to mandate the opening of Neptune St. to public traffic pursuant to its regulatory and police powers? (2) Is passage of an ordinance a condition precedent before the MMDA may order the opening of subdividion roads to public traffic? (3) Is Bel-Air estopped from denying the authority of MMDA? (4)Was Bel-Air denied of due process despite the several meetings held between MMDA and Bel-Air? (5) Has Bel-Air come to court with unclean hands?

MMDA: 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. 

**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.

**LGU is a political subdivision for local affairs. Which has a legislative body empowered to enact ordinances, approved resolutions and appropriate funds for the general welfare of the province/city/municipality. 

**Metro Manila is declared as a special development and administrative region in 1995. And the administration of metro-wide basic services is under the MMDA.Which includes, transport and traffice management. It should be noted that MMDA are limited to the acts: formulation, coordination, regulation, implementation, preparation, management, monitoring, setting of policies and installation of a system and administration. MMDA was not granted with legislative power.

Ruling:

(1) 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 St.

(2) The MMDA is not the same entity as the MMC in Sangalang. Although the MMC is the forerunner of the present MMDA, an examination of Presidential Decree (P. D.) No. 824, the charter of the MMC, shows that the latter possessed greater powers which were not bestowed on the present MMDA.

(3) Under the 1987 Constitution, the local government units became primarily responsible for the governance of their respective political subdivisions. The MMA's jurisdiction was limited to addressing common problems involving basic services that transcended local boundaries. It did not have legislative power.

Petition Denied.