DIGEST AUTHOR: Jonimar Quero

MMDA v. Bel-Air Village ISSUE: W/N MMDA exercises police power

G.R. No. 135962, 27 March 2000; 328 SCRA 836
RULING:

No. The Court held that the MMDA does not have the capacity to
Petitioner/s: Metropolitan Manila Development Authority exercise police power. Police power is primarily lodged in the
Respondent/s: Bel-Air Village Association, Inc. National Legislature. However, police power may be delegated to
government units. Petitioner herein is a development authority
DOCTRINE: Police power is lodged primarily in the National and not a political government unit.
Legislature. It cannot be exercised by any group or body of individuals
not possessing legislative power. Therefore, the MMDA cannot exercise police power because it
cannot be delegated to them. It is not a legislative unit of the
FACTS: government. Republic Act No. 7924 does not empower the MMDA
to enact ordinances, approve resolutions and appropriate funds
• Petitioner MMDA is a government agency tasked with the for the general welfare of the inhabitants of Manila. There is no
delivery of basic services in Metro Manila, including “transport syllable in the said act that grants MMDA police power.
and traffic management.” Respondent Bel-Air Village
Association, Inc. is the registered owner of Neptune Street, a
private road inside Bel-Air Village.
• Bel-Air Village Association (BAVA), respondent herein,
received a letter of request from the petitioner to open
Neptune Street of Bel-Air Village for the use of the public.
• The said opening of Neptune Street will be for the safe and
convenient movement of persons and to regulate the flow of
traffic in Makati City. This was pursuant to MMDA law or
Republic Act No. 7924.
• On the same day, the respondent was appraised that the
perimeter wall separating the subdivision and Kalayaan
Avenue would be demolished.
• Bel-Air instituted against MMDA a case for injunction and
prayed 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.
• 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 so that there is no need for the City of Makati to enact
an ordinance opening Neptune Street to the public.