MMDA Vs.

Bel-Air Village

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.

Held:
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.