MMDA v. Bel-Air Village Association | G.R. No.
135962 | 03-27-2000 | Jon de SC held that MMDAs powers are limited
Guia
The case originates from an action for injunction to stop the demolition of a
certain perimeter wall. This is an appeal from CA decision reversing the RTCs
denial of injunction action.
BRIEFER
MMDA sought to demolish the perimeter of Bel-Air to make way for the
opening of Neptune Street. Bel-Air Village Association complained and all the
courts (RTC, CA, SC) said MMDA has no such power.
DOCTRINE
An LGU is a political subdivision of a nation or a state which is constituted by
law and has substantial control of local affairs.
The creation of a "special metropolitan political subdivision" requires the
approval by a majority of the votes cast in a plebiscite in the political units
directly affected and RA 7924 was not submitted to the inhabitants of Metro
Manila in a plebiscite.
FACTS
o Through a letter, MMDA requested the Chairman of Bel-Air Village
Association, Inc. (Bel-Air) to open the points of entry and exits on
Neptune Street
o MMDA then informed Bel-Air that it was going to demolish the
perimeter wall separating Bel-Air subdivision from the adjacent
Kalayaan Avenue
o Anxious, Bel-Air sought a TRO and preliminary injunction from RTC
Makati
ISSUE: Does MMDA have the authority to cause the demolition? (NO)
CASE ESCALATION
RTC Manila: Immediately granted TRO and Denied issuance of preliminary
injunction
CA:
1. Injunction: Issued writ of preliminary injunction after conducting an
ocular inspection on Neptune Street
2. On the merits: made permanent the preliminary injunction; said that
MMDA had no authority in opening Neptune Street
HELD:
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The powers of the MMDA are limited to the acts in Republic Act 7924, the law
creating the MMDA.1 In sum, these acts related to the formulation,
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Sec. 5. Functions and Powers of the Metro Manila Development Authority.
The MMDA shall:
(a) Formulate, coordinate and regulate the implementation medium and
longterm plans and programs for the delivery of metro-wide services, land
use and physical development within Metropolitan Manila, consistent with
national development objectives and priorities;
(b) Prepare, coordinate and regulate, the implementation of medium-term
investment programs for metro-wide services which shall indicate sources
and uses of funds for priority programs and projects, and which shall
include the packaging of projects and presentation of funding institutions;
(c) Undertake and manage on its own metro-wide programs and projects for
the delivery of specific services under its jurisdiction, subject to the
approval of the Council. For this purpose, MMDA can create appropriate
project management offices;
(d) Coordinate and monitor the implementation of such plans, programs and
projects in Metro Manila; identify bottlenecks and adopt solutions to
problems of implementation;
(e) The MMDA shall set policies concerning traffic in Metro Manila, and
shall coordinate and regulate the implementation of all programs and
projects concerning traffic management, specifically pertaining to
enforcement, engineering and education.
Upon request, it shall be extended assistance and cooperation, including but
not limited to, assignment of personnel, by all other government agencies
and offices concerned;
(f) Install and administer a single ticketing system, fix, impose and collect
fines and penalties for all kinds of violations of traffic rules and regulations,
whether moving or non-moving in nature, and confiscate and suspend or
revoke drivers licenses in the enforcement of such traffic laws and
regulations, the provisions of RA 4136 and PD 1605 to the contrary
notwithstanding. For this purpose, The Authority shall enforce all traffic
laws and regulations in Metro Manila, through its traffic operation center,
and may deputize members of the PNP, traffic enforcers of local
government units, duly licensed security guards, or members of non-
governmental organization to whom may be delegated certain authority,
subject to such conditions and requirements as the Authority may impose;
and
(g) Perform other related functions required to achieve the objectives of the
MMDA, including the undertaking of delivery of basic services to the local
government units, when deemed necessary subject to prior coordination
with and consent of the local government unit concerned.
coordination, regulation, implementation, preparation, management,
monitoring, setting of policies, installation of a system and administration.
There is no syllabus in the law that grants the MMDA police power, let alone
legislative power. All its functions are administrative character.
MMDAs powers are different from that of its precursor, Metro Manila
Commission (MMC). While MMC had central government powers, with
authority to review, amend, revise or repeal, enact or approve ordinances,
such powers were not granted to MMDA under its Charter.
MMDA is not a political subdivision, LGU or public corporation, conferred with
all government powers
MMDA is not an LGU nor is it a special metropolitan political subdivision as
contemplated in Sec. 11, Art. X Constitution. Based on the deliberations on RA
7924, legislators had no intent to make MMDA a political subdivision endowed
with all governmental powers. MMDAs powers and functions were intended
to be purely coordinative, while its council, Metropolitan Manila Council, is
vested only with policy-making powers.
The Chairman of the MMDA is not an official elected by the people, but
appointed by the President with the rank and privileges of a cabinet member.
In fact, part of his function is to perform such other duties as may be assigned
to him by the President, whereas in LGUs, the President merely exercises
supervisory authority. This emphasizes the administrative character of the
MMDA.
Differentiated with Sangalang / Yabut decisions:
The decisions involved zoning ordinances passed by the municipal council of
Makati and the MMC whereas this case involves the proposed opening of
Neptune street without citing any ordinance or law by the Sangguniang
Panlungsod of Makati or by the MMDA. In this case, the basis for the opening
is merely the notice sent by MMDA to Bel-Air Village Association, through its
president.

Initially it was proposed that MMDA should have the power to approve metro-
wide plans, programs and projects, and issue ordinances to carry out such
programs. However, if such power is granted, MMDA would necessarily have
the status of a political subdivision thus the need for a plebiscite, which they
wanted to avoid. In the end, the power delegated to the MMDA is that given
to the Metropolitan Manila Council to promulgate administrative rules and
regulations in the implementation of the MMDAs functions. There is no grant
of authority to enact ordinances and regulations for the general welfare of
the inhabitants of the metropolis.

The explanatory note to the bill stated that the proposed MMDA is a
"development authority" which is a "national agency, not a political
government unit."

MMDA is not an LGU or a public corporation endowed with legislative power.

It is not even a "special metropolitan political subdivision" as contemplated in
Sec. 11, Art. X Const.

The creation of a "special metropolitan political subdivision" requires the

approval by a majority of the votes cast in a plebiscite in the political units
directly affected and RA 7924 was not submitted to the inhabitants of Metro
Manila in a plebiscite.

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