JOHN CHESTER E.

ERESTINGCOL March 14, 2020

JD-1

METROPOLITAN MANILA DEVELOPMENT AUTHORITY, Petitioner, v. BEL-AIR

VILLAGE ASSOCIATION, INC., Respondent.

[G.R. No. 135962. March 27, 2000.]

PUNO, J.:

FACTS:

The petitioner - Metropolitan Manila Development Authority (MMDA), is a Government

Agency　tasked with the delivery of basic services in Metro Manila. The respondent - Bel-Air
Village 　 Association (BAVA), 　 is non-stock, non-profit corporation whose members are
homeowners in Bel-Air Village, a private subdivision in Makati City. Respondent 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　apprised that the perimeter wall
separating the　subdivision and Kalayaan Avenue would be　demolished.

The respondent filed a preliminary injunction and temporary restraining order against the
MMDA to stop the opening of the said street and the demolition of the wall. 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.

STATEMENT OF THE CASE

On January 2, 1996, respondent instituted against petitioner before the Regional Trial Court,
Branch 136, Makati City, Civil Case No. 96-001 for injunction. 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.

ISSUE:

Whether or not the MMDA has the mandate to open Neptune Street to public traffic pursuant to
its regulatory and police powers.

RULING:

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
JOHN CHESTER E. ERESTINGCOL March 14, 2020
JD-1

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.

DOCTRINE

POLICE OWER
Police power is an inherent attribute of sovereignty. It has been defined as the power vested by
the Constitution in the legislature to make, ordain, and establish all manner of wholesome and
reasonable laws, statutes and ordinances, either with penalties or without, not repugnant to the
Constitution, as they shall judge to be for the good and welfare of the commonwealth, and for the
subjects of the same. The power is plenary and its scope is vast and pervasive, reaching and
justifying measures for public health, public safety, public morals, and the general welfare.

GENERAL WELFARE

"SECTION 16. General Welfare. — Every local government unit shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate,
or incidental for its efficient and effective governance, and those which are essential to the
promotion of the general welfare. Within their respective territorial jurisdictions, local
government units shall ensure and support, among other things, the preservation and enrichment
of culture, promote health and safety, enhance the right of the people to a balanced ecology,
encourage and support the development of appropriate and self-reliant scientific and
technological capabilities, improve public morals, enhance economic prosperity and social
justice, promote full employment among their residents, maintain peace and order, and preserve
the comfort and convenience of their inhabitants." 21