MMDA vs Garin GR No. 130230 Chico-Nazario, J.

April 15, 2005

FACTS: Respondent Garin was issued a traffic violation receipt (TVR) and his drivers license was confiscated for parking illegally. Garin wrote to then MMDA Chairman Prospero Oreta requesting the return of his license and expressed his preference for his case to be file in Court. Without an immediate reply from the chairman, Garin filed for a preliminary injunction assailing among others that Sec 5 (f) of RA 7924 violates the constitutional prohibition against undue delegation of legislative authority, allowing MMDA to fix and impose unspecified and unlimited fines and penalties. RTC rule in his favor, directing MMDA to return his license and for the authority to desist from confiscating drivers license without first giving the driver the opportunity to be heard in an appropriate proceeding. Thus this petition. ISSUE: Whether of not Sec 5(f) of RA 7924 which authorizes MMDA to confiscate and suspend or revoke drivers license in the enforcement of traffic rules and regulations constitutional? RULING: The MMDA is not vested with police power. It was concluded that MMDA is not a local government unit of a public corporation endowed with legislative power and it has no power to enact ordinances for the welfare of the community. Police power, as an inherent attribute of sovereignty is the power vested in the legislature to make, ordain, establish all manner of wholesome and reasonable laws, statutes and ordinances either with penalties of without, not repugnant to the constitution, as they shall judge to be for good and welfare of the commonwealth and for subjects of the same. There is no provision in RA 7924 that empowers MMDA or its council to enact ordinance, approve resolutions and appropriate funds for the general welfare of the inhabitants of Metro Manila. It is an agency created for the purpose of laying down policies and coordinating with the various national government agencies, Peoples Organizations, NGOs and private sector for the efficient and expeditious delivery of services. All its functions are administrative in nature.