MMDA v Bel Air Village, GR No. 135962, March 27, 2000

MMDA v Bel Air Village, GR No. 135962, March 27, 2000 

Keywords: Police Power, Neptune Street opening to the public, MMDA claim to have 

Facts:

·       30 Dec 1995 – BAVA received a notice from MMDA  (dated 22 Dec 1995) through its chairman to open Neptune Street to Traffic.

·       On the same day, respondent was apprised that the perimeter wall separating the subdivision from the adjacent Kalayaan Avenue would be demolished.

·       2 Jan 1996 - Respondent 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. The trial court issued a temporary restraining order the following day.

·       23 Jan 1996 –Preliminary Injunction was DENIED.

·       Pet Rev to CA. CA conducted an ocular inspection.

·       13 Feb 1996 CA issued a writ of preliminary injunction.

·       28 Jan 1997 – CA rendered a Decision finding 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.

·       28 Sept 1998 - The MR filed by MMDA was DENIED

·       Pet Rev to SC by MMDA.

·       MMDA claims that: it has authority to open Neptune Street bec. MMDA has police power in the delivery of basic services (regulation of the use of thorough fares to insure safety, convenience and welfare of the gen. public) in Metro Manila.

·       MMDA used Sangalang v. IAC: 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. 

·       Neptune Street is owned by respondent BAVA. It is a private road inside Bel-Air Village, a private residential subdivision in the heart of the financial and commercial district of Makati City. It runs parallel to Kalayaan Avenue, a national road open to the general public. Dividing the two (2) streets is a concrete perimeter wall approximately fifteen (15) feet high. The western end of Neptune Street intersects Nicanor Garcia, formerly Reposo Street, a subdivision road open to public vehicular traffic, while its eastern end intersects Makati Avenue, a national road. Both ends of Neptune Street are guarded by iron gates.

Issue: W/N MMDA has the authority to open Neptune street to public traffic as an agent of the state endowed with police power.

Ratio: MMDA has no power to enact ordinances for the welfare of the community. It is the LGUs, acting through their respective legislative councils, that possess legislative power and police power.

Ruling: A ‘local government’ is a “political subdivision of a nation or state which is constituted by law and has substantial control of local affairs”. It is a “body politic and corporate” – one endowed with powers as a political subdivision of the National Government and as a corporate entity representing the inhabitants of its territory (LGC of 1991).

Our Congress delegated police power to the LGUs in Sec.16 of the LGC of 1991. It empowers the sangguniangpanlalawigan, panlungsod and bayan to “enact ordinances, approve resolutions and appropriate funds for the general welfare of the [province, city or municipality] and its inhabitants pursuant to Sec.16 of the Code and in the proper exercise of the [LGU’s corporate powers] provided under the Code.”

There is no syllable in RA 7924 that grants the MMDA police power, let alone legislative power. Unlike the legislative bodies of the LGUs, there is no grant of authority in RA 7924 that allows the MMDA to enact ordinances and regulations for the general welfare of the inhabitants of Metro Manila. The MMDA is merely a “development authority” and not a political unit of government since it is neither an LGU or a public corporation endowed with legislative power. The MMDA Chairman is not an elective official, but is merely appointed by the President with the rank and privileges of a cabinet member.

In sum, the MMDA has no power to enact ordinances for the welfare of the community. It is the LGUs, acting through their respective legislative councils, that possess legislative power and police power.

The SangguniangPanlungsod of Makati City did not pass any ordinance or resolution ordering the opening of Neptune Street, hence, its proposed opening by the MMDA is illegal.