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    MMDA V BEL-AIR

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    Diane Uy
    1) The MMDA ordered a private subdivision, Bel-Air Village, to open a private road called Neptune Street to public traffic and demolish a perimeter wall separating the subdivision from a national road. 2) Bel-Air filed for injunctive relief to stop the opening of the private road and demolition of the wall, which was granted by the trial and appellate courts. 3) The Supreme Court ruled that the MMDA does not have the authority to order the opening of a private road, as police power is primarily vested in the legislature and the MMDA was not delegated such power. The petition was denied.

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    MMDA V BEL-AIR

    Uploaded by

    Diane Uy
    400 views1 page
    1) The MMDA ordered a private subdivision, Bel-Air Village, to open a private road called Neptune Street to public traffic and demolish a perimeter wall separating the subdivision from a national road. 2) Bel-Air filed for injunctive relief to stop the opening of the private road and demolition of the wall, which was granted by the trial and appellate courts. 3) The Supreme Court ruled that the MMDA does not have the authority to order the opening of a private road, as police power is primarily vested in the legislature and the MMDA was not delegated such power. The petition was denied.

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    MMDA v BEL-AIR

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    1) The MMDA ordered a private subdivision, Bel-Air Village, to open a private road called Neptune Street to public traffic and demolish a perimeter wall separating the subdivision from a national road. 2) Bel-Air filed for injunctive relief to stop the opening of the private road and demolition of the wall, which was granted by the trial and appellate courts. 3) The Supreme Court ruled that the MMDA does not have the authority to order the opening of a private road, as police power is primarily vested in the legislature and the MMDA was not delegated such power. The petition was denied.

    Copyright:

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    Download as DOCX, PDF, TXT or read online from Scribd
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    400 views1 page

    MMDA V BEL-AIR

    Uploaded by

    Diane Uy
    1) The MMDA ordered a private subdivision, Bel-Air Village, to open a private road called Neptune Street to public traffic and demolish a perimeter wall separating the subdivision from a national road. 2) Bel-Air filed for injunctive relief to stop the opening of the private road and demolition of the wall, which was granted by the trial and appellate courts. 3) The Supreme Court ruled that the MMDA does not have the authority to order the opening of a private road, as police power is primarily vested in the legislature and the MMDA was not delegated such power. The petition was denied.

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    MMDA v. BEL-AIR G.R. No. 135962 March 27, 2000 FACTS: Bel-Air Village Association Inc.

    (BAVA) received a notice from the Chairman of the MMDA requesting the former to open Neptune Street to public vehicular traffic. On the same day, Bel-Air was appraised that the perimeter wall separating the subdivision from Kalayaan Avenue would be demolished. Neptune Street is owned by BAVA. It is a private road inside Bel-Air Village, a private residential subdivision in the heart of the financial and commercial district of Makati. Parallel to it is Kalayaan Avenue, which is a national road open to the public. The west end of Neptune Street intersects Nicanor Garcia Street, a subdivision road likewise open to public. The east end of Neptune Street intersects Makati Avenue, a national road. Bel-Air filed a TRO and a preliminary injunction to stop the opening of Neptune Street and to prevent the demolition of the perimeter wall. The trial court issued the TRO. After due hearing, trial court denied issuance of preliminary injunction. Bel-Air lifted the issue to the Court of Appeals, and after conducting an ocular inspection in the area, the appellate court issued the preliminary injunction. The CA held that MMDA has no authority to order the opening of Neptune Street. They further held that the authority was lodged in the City Council of Makati though an ordinance. MMDA filed for a motion for reconsideration, which was subsequently denied. MMDA lifted the case to the Supreme Court, claiming that they have the authority to open Neptune Street to public traffic because they are agent of the state endowed with Police Power. They anchored their claim on the case of Sangalang v. IAC which allegedly provided for such power. ISSUES: WoN MMDA has the authority to mandate for the opening of Neptune Street, which is a private property, pursuant to its Police Power HELD: NO. Police power is an inherent attribute to sovereignty. It is the power that the Constitution vests upon the Legislature to make laws for the good and welfare of the commonwealth. The power is plenary and has a vast scope. Police power is lodged primarily in the National Legislature. It cannot be exercised by any group not possessing legislative power. However, the National Legislature may delegate this power to the President and administrative boards as well as the lawmaking bodies of LGUs. Once delegated, the agents can only exercise such legislative powers as conferred upon them by Congress. MMDA is not a political unit of government. The scope of MMDAs function is limited to the laying down of policies and coordinating with the government agencies, organizations, and private sector for the efficient delivery of basic services in Metro Manila. There is no provision in RA 7924 which provided for the Police Power, not even legislative power, of the MMDA. Furthermore, they cannot rely on the Sangalang Case because the Metro Manila Commission (MMC), which was the predecessor of MMDA at that time, and the Makati Municipal Council was vested with Police Power. Thus, in making the ordinance that they enacted a valid exercise of Police Power. SC DENIED the petition; AFFIRMED the ruling of CA.

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