MMDA. v. BEL-AIR VILLAGE ASSOCIATION, INC., G.R. No. 135962

M.M.D.A. v. BEL-AIR VILLAGE ASSOCIATION, INC.

G.R. No. 135962

Re: Principle of Local Autonomy

FACTS: Petitioner is a government agency tasked with the delivery of basic services in Metro Manila. Respondent is a non-stock, non-profit corporation whose members are homeowners in Bel-Air Village, a private subdivision in Makati City. Respondent BAVA is the registered owner of Neptune Street, a road inside Bel-Air Village which is sought to be opened to public vehicular traffic by petitioner pursuant to an order issued by the latter.

ISSUES:

(1) WON petitioner has the power and mandate to open Neptune Street to public traffic pursuant to its regulatory and police powers.

(2) WON the passage of an ordinance is a condition precedent before the MMDA may order the opening of subdivision roads to public traffic.

HELD:

(1) The powers of the MMDA are limited to the following acts: formulation, coordination, regulation, implementation, preparation, management, monitoring, setting of policies, installation of a system and administration. There is no syllable in R.A. No. 7924 that grants the MMDA police power, let alone legislative power. Even the Metro Manila Council has not been delegated any legislative power. Hence, it does not have the power to issue such order to herein respondent.

(2) Yes. The MMDA, having no police power, let alone legislative power, is not empowered to pass an ordinance opening private roads to public traffic. Hence, an ordinance to such effect, duly promulgated by an LGU, is a requisite.