P2 MMDA v. Bel-Air Village Association, etc GR No.

135962, March 27, 2000

Facts: MMDA is a government agency tasked with the delivery of basic services in Metro Manila. Bel-Air is a non-stock, non-profit
corporation whose members are homeowners of Bel-Air Village in Makati City. Bel-Air is the registered owner of the Neptune
Street, a road inside Bel-Air Village. 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: Is MMDA mandated to open Neptune Street to public traffic pursuant to its regulatory and police powers?

Ruling: No. 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.