Case Digest on MMDA v. Bel-Air Village Association, Inc. G.R. NO. 135962 (March 27, 2000)
November 10, 2010
FACTS: Respondent filed a case against petitioner enjoining them from opening the Neptune Street and prohibiting the demolition of the perimeter wall. The trial court denied issuance of a preliminary injunction. On appeal, the appellate court ruled that the MMDA has no authority to order the opening of Neptune Street, and cause the demolition of its perimeter walls. It held that the authority is lodged in the City Council of Makati by ordinance. Hence this petition.
HELD: The MMDA has no power to enact ordinances for the welfare of the community. Hence, its proposed opening of Neptune Street which was not mandated by the Sangguniang Panlungsod of Makati City, is illegal.
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