METROPOLITAN MANILA DEVELOPMENT AUTHORITY vs. BEL-AIR VILLAGE ASSOCIATION, INC. (Public Corporation)

G.R. No. 135962             March 27, 2000

METROPOLITAN MANILA DEVELOPMENT AUTHORITY, petitioner,

vs.

BEL-AIR VILLAGE ASSOCIATION, INC., respondent.

FACTS:

Petitioner MMDA is a government agency tasked with the delivery of basic services in Metro Manila. Respondent Bel-Air Village Association, Inc. (BAVA) is a non-stock, non-profit corporation whose members are homeowners in Bel-Air Village, a private subdivision in Makati City. Respondent BAVA is the registered owner of Neptune Street, a road inside Bel-Air Village.

Bel-Air received from MMDA, through its Chairman, a notice requesting respondent to open Neptune Street to public vehicular traffic.

Bel-Air instituted against MMDA before the Regional Trial Court a Civil Case for injunction. Bel-Air 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.

After due hearing, the trial court denied issuance of a preliminary injunction.  Bel-Air questioned the denial before the Court of Appeals. The appellate court conducted an ocular inspection of Neptune Street 3 and then it issued a writ of preliminary injunction enjoining the implementation of the MMDA's proposed action. 

The appellate court rendered a Decision on the merits of the case 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. It held that the authority is lodged in the City Council of Makati by ordinance.

The Motion for Reconsideration of the decision was denied. Hence, this recourse.

ISSUE:

HAS THE METROPOLITAN MANILA DEVELOPMENT AUTHORITY (MMDA) THE MANDATE TO OPEN NEPTUNE STREET TO PUBLIC TRAFFIC PURSUANT TO ITS REGULATORY AND POLICE POWERS?

RULING:

None, It will be noted that the powers of the MMDA are limited to the following acts: formulation, coordination, regulation, implementation, preparation, management, monitoring, setting of policies, installation of a system and administration. There is no syllable in R.A. No. 7924 that grants the MMDA police power, let alone legislative power. Even the Metro Manila Council has not been delegated any legislative power. Unlike the legislative bodies of the local government units, there is no provision in R.A. No. 7924 that empowers the MMDA or its Council to "enact ordinances, approve resolutions appropriate funds for the general welfare" of the inhabitants of Metro Manila. The MMDA is, as termed in the charter itself, "development authority."  It is an agency created for the purpose of laying down policies and coordinating with the 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. All its functions are administrative in nature and these are actually summed up in the charter itself.