TOPIC: POLICE POWER

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

METROPOLITAN MANILA DEVELOPMENT

AUTHORITY, petitioner, vs. BEL-AIR VILLAGE ASSOCIATION,
INC., respondent.

FACTS:

Metropolitan Manila Development Authority (MMDA), petitioner herein, is

a Government Agency tasked with the delivery of basic services in Metro
Manila. 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.

The respondent, to stop the opening of the said street and demolition of
the wall, filed a preliminary injunction and a temporary restraining order.
Respondent claimed that the MMDA had no authority to do so and the
lower court decided in favor of the Respondent. Petitioner appealed the
decision of the lower courts and claimed that it has the authority to open
Neptune Street to public traffic because it is an agent of the State that
can practice police power in the delivery of basic services in Metro Manila.

ISSUE

Whether or not the MMDA has the mandate to open Neptune Street to
public traffic pursuant to its regulatory and police powers.

RULING

The Court held that the MMDA does not have the capacity to exercise
police power. Police power is primarily lodged in the National Legislature.
However, police power may be delegated to government units. Petitioner
herein is a development authority and not a political government unit.
Therefore, the MMDA cannot exercise police power because it cannot be
delegated to them. It is not a legislative unit of the government. Republic
Act No. 7924 does not empower the MMDA to enact ordinances, approve
resolutions and appropriate funds for the general welfare of the
inhabitants of Manila. There is no syllable in the said act that grants
MMDA police power.

It is an agency created for the purpose of laying down policies and

coordinating with 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.