MMDA vs Bel-air Village Assoc. Inc.
Limbona vs Mangelin
GR No. 135962
Facts:
Petitioner Metro Manila Development Authority is a
national agency which delivers basic services to the
12 cities and 5 municipalities of Metro Manila
(M5P3CLQV - Manila, Makati, Mandaluyong,
Muntinlupa, Marikina, Pasay, Pasig, Paranaque,
Caloocan, Las Pinas, Quezon, Valenzuela AND
Malabon, Navotas, San Juan, Taguig, Pateros). It has
seven basic services including flood and sewerage
management, urban zoning, land use and
development, development planning, public safety,
solid waste disposal and management, health and
sanitation, traffic and transport management
(FUDPSHT). Respondent is Bel Air Village
Association, owner of a private subdivision which
includes Neptune street, the subject property in this
case. The MMDA, through its Chairman, sent a
notice to BAVA requesting them to open Neptune
Street to public vehicular traffic. On that same day,
BAVA President was informed that MMDA will
demolish the perimeter wall separating Neptune
Street from Kalayaan Avenue. BAVA instituted an
action for injunction against Petitioner MMDA.
Issue:
Whether MMDA has the power to order the
opening of Neptune Street, a private property, to
public vehicular traffic.
Held:
No. The powers of MMDA is limited. It is not an LGU
or a public corporation. RA 7924 which created
MMDA did not delegate police powers to enact an
ordinance even if the purpose is for public welfare.
It is the role of the local government units to enact
an ordinance to open Neptune Street to the public.
In this case, the Sangguniang Panlunsod of Makati
has not enacted an ordinance. All the functions of
MMDA are administrative in nature, to provide
basic services/plans for the LGUs and such plans
shall be implemented by the LGUs. Respondent
cannot rely on the Sanggalang Case because it
involves zoning development and the Metro Manila
Commission which has different power as the
MMDA. MMC acts like a central government, hence
it possesses police power. The proposed opening of
the Neptune street by the MMDA is illegal.
Wherefore, the petition is denied. The Resolution of
the CA are affirmed.
GR No. 80391
Facts:
Petitioner Sultan Alimbusar Mangelin was
appointed as member of the Sangguniang Pampook
representing Region XII Lanao Del Sur. Eventually,
he was elected speaker of the Sangguniang
Pampook of Central Mindanao (Assemby). The said
assembly is composed of 18 members and 2 of them
are herein respondents – Tomawis and Dagalangit
who filed their COCs with COMELEC to represent
Lanao del Sur but eventually withdrawn and
resumed in their position as member of the
assembly. The House of Representative Chairman
Datu Matalam of the Committee on Muslim Affairs
invited Zamboanga City Speaker and Petitioner to
Congress to take part in the charting of the
autonomous governments. And so, acting on the
said invitation, Limbona ordered the acting
secretary to wire all assemblymen that there will be
no sessions on the month of November as their
presence is needed on committee hearings.
However, in defiance of the order of Limbona, the
assemblymen met and held a session with Conte
Mangelin as presiding officer, and after declaring a
quorum, they set a motion to declare the seat of the
speaker vacant because Limbona allegedly paid the
salaries of assemblymen who filed their COC, and it
was declared vacant upon 12 affirmative votes.
Hence this petition.
Issue:
1 Whether the expulsion of Limbona pending
litigation has made the case moot and academic
2 Are autonomous govt of Mindanao subject to
jurisdiction of national courts.
Held:
1 No. the expulsion is of no force and effect. There
has been no investigation held by the sanggunian
and there has been no proof that petitioner has
been heard. The charges of graft and corruption
were mere accusations and cannot warrant
expulsion. Hence, petitioner is to be reinstated.
2. Yes. Autonomy is either decentralization of
administration or dec. of power. There are 2 sense
of autonomy:
a. PCMB + territorial and political subd shall enjoy
local autonomy. (under the gen supervision of the
central govt)
 b. autonomous regions in MM and Cordilleras
(subject alone to the decree of organic act creating
it and accepted principles on the effects and limits
of autonomy. )

The Assembly assumes the 1st sense hence

the court may take jurisdiction. The sessions
were invalid. An examination of the very
Presidential Decree creating the
autonomous governments of Mindanao
persuades us that they were never meant to
exercise autonomy in the second sense, that
is, in which the central government commits
an act of self-immolation. Presidential
Decree No. 1618, in the first place, mandates
that "the President shall have the power of
general supervision and control over
Autonomous Regions." In the second place,
the Sangguniang Pampook, their legislative
arm, is made to discharge chiefly
administrative services.