MMDA v.

VIRON TRANSPORTATION
530 SCRA 341 | August 15, 2007
Carpio-Morales, J.

Doctrines:
1. While there may be a valid interest on the part of the government to warrant the exercise
of police power, the same must be pursued using reasonable means.
2. MMDA’s authority is limited. It has no police power or legislative power.

FACTS
The present case is a petition for Certiorari questioning the authority of the MMDA to
order the closure of provincial bus terminals along EDSA and major thoroughfares of Metro
Manila. Specifically, the petitioners are assailing the decisions rendered by the RTC of Manila
which declared the EO as an invalid exercise of police power. The said EO was issued by
President Gloria Arroyo to address the worsening traffic situation in the Metro and its nearby
provinces and it was expressly stated there that the MMDA recommended the removal of bus
terminals along EDSA and establish Greater Manila Mass Transport System Project which
would then integrate the existing transport modes, namely the buses, the rail-based systems of
the LRT, MRT and PNR and to facilitate and ensure efficient travel through the improved
connectivity of the different transport modes. It also designated the MMDA as the implementing
agency for the Project. Aggrieved by said issuance, respondents filed for a declaratory relief
arguing that the MMDA has no authority to order the removal of the bus terminals and the would
transgressed the possessory rights of owners and operators of public land transportation units
over their respective terminals. The RTC initially affirmed the validity of the EO but then
reversed its decision and declared the EO as an invalid police power.

ISSUES AND HOLDING

1. W/N the EO is a valid exercise of police power- NO.

While the assailed EO was issued in pursuance of the government’s effort to
decongest traffic, the same is an invalid exercise of police power. First, the MMDA has
no authority to be the implementing agency of the project. A perusal of the authority of
the president to designate MMDA would show that it was the DOTC who is vested with
the authority to exercise primary policy planning, programming, coordinating,
implementing, regulating and administrative entity to promote, develop and regulate
networks of transportation and communications. It includes the power to establish and
administer comprehensive and integrated programs for transportation and
communications. On the other hand, the powers of the MMDA are limited to the
following acts: formulation, and regulation, among many others. It has no police power,
let alone legislative power.
Moreover, the means was not reasonable for bus per se do not impede or help
impede the flow of the traffic. There are also less restrictive means that could be adopted
such as imposing reasonable specifications for the size of the terminals, among many
others.

SERAPIO C2021 | 1
 WHEREFORE, the Petition is, in light of the foregoing disquisition, DENIED.
E.O. No. 179 is declared NULL and VOID for being ultra vires.

SERAPIO C2021 | 2