MMDA: Performing Administrative Functions According to the Law and

Jurisprudence
OVERVIEW
The onset of the Metropolitan Manila Development Authority (MMDA) battle for
power and functions was on February 27, 1975 when President Ferdinand
Marcos issued Presidential Decree (PD) 824 creating the Metropolitan Manila
Commission (MMC).
In 1990, President Corazon C. Aquino issued Executive Order (EO) No. 392, in
accordance with 1987 Philippine Constitution Article 18, Section 8 which created
Metropolitan Manila Authority (MMA). The Metro Manila mayors will choose from
themselves the chairman. Since the elected chairman is one of the mayors of Metro
Manila, the role to his constituency gave less attention. Thus, Republic Act (RA) No.
7924 was passed creating the Metropolitan Manila Development Authority (MMDA).
The governing board and policy making body of the MMDA is the Metro Manila
Council, composed of the mayors of the cities and municipalities. The Council is the
policy-making body of the MMDA then. Meanwhile, some of the previous decisions in
the Supreme Court indicated that the power of MMDA is indeed limited compared to the
Metro Manila Commission during the administration of then-President Ferdinand
Marcos1.
Presently, the scope of the authority of the MMDA as stated in the Republic Act
(RA) No. 7924 declared the Metropolitan Manila area as a special development and
administrative region and placed the administration of metro-wide basic services
affecting the region under the MMDA. Section 2 of Republic Act (RA) No. 7924
specifically authorizes the MMDA to perform planning, monitoring and coordinative
functions, and in the process exercise regulatory and supervisory authority over the
delivery of metro-wide services, including transport and traffic management.
In 2000, the Supreme Court ruled in the MMDA vs. Bel-Air Village Association Inc
that the agency has no "police and legislative powers," There is no syllable in Republic
Act (RA) No. 7924 that grants MMDA police power, let alone legislative power.
Furthermore, according to the same ruling, unlike the legislative bodies of the local
government units, there is no provision in R.A. 7924 that empowers the MMDA or its
council to 'enact ordinances, approve resolutions and appropriate funds for the general
welfare' of the inhabitants of Metro Manila," it added. "All its functions are administrative
in nature. However, Metro Manila Commission is allowed to "review, amend, revise or
repeal all ordinances, resolutions and acts of cities and municipalities within Metro
Manila."
The Supreme Court had the occasion to rule in many cases that the scope
1

G.R. No. 135962 MMDA vs. Bel-Air Village Association Inc

of the MMDAs function is limited to the delivery of the seven (7) basic services. One of
these is transport and traffic management which includes the formulation and
monitoring of policies, standards and projects to rationalize the existing transport
operations, infrastructure requirements, the use of thoroughness and promotion of the
safe movement of persons and goods. It also covers the mass transport system and the
institution of a system of road regulation, the administration of all traffic enforcement
operations, traffic engineering services and traffic education programs, including the
institution of a single ticketing system in Metro Manila for traffic violations 2.
It will be noted that 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. Unlike
the legislative bodies of the local government units, there is no provision in R.A. No.
7924 which empowers the MMDA or its Council to enact ordinances, approve
resolutions and appropriate funds for the general welfare of the inhabitants of Metro
Manila. The MMDA is, as termed in the charter itself, a development authority. It is
an agency created for the purpose of laying down policies and coordinating with the
various national government agencies, peoples organizations, non-governmental
organizations and the private sector for the efficient and expeditious delivery of basic
services in the vast metropolitan area. All its functions are administrative in nature and
these are actually summed up in the charter itself which provides that the MMDA shall
perform, monitoring and coordinative functions, and in the process exercise regulatory
and supervisory authority over the delivery of metro-wide services within Metro Manila,
without diminution of the autonomy of the local government units concerning purely
local matters.

SALIENT POINTS
The cases decided by the Supreme Court which affirmed that Metropolitan Manila
Development Authority (MMDA) has limited powers:
1. RA 7942 does not give MMDA the authority to review land use plans and zoning
ordinances of cities and municipalities3
2. MMDA has no power to clear sidewalk vendors4
2 G.R. No. 170656

MMDA vs Viron Transport

3 G.R. No. 156052 Social Justice Society vs Atienza

4 Hearing on the Senate Committee on Justice and Human Rights on the alleged violations of
MMDA

3. MMDA is devoid of authority to implement the GREATER MANILA TRANSPORT

SYSTEM Project as envisioned by the Executive Order (E.O) 179 on February
10, 2003, which provided for the establishment of a Mass Transport System for
Greater Manila; hence, it could not have been validly designated by the President
to undertake the Project which is to eliminate the bus terminals in Manila. The
Executive Order (EO) 179 was declared null and void.5

4. The Court of Appeals ruled The MMDA cannot ban smoking in public places and
on streets in the metropolis.6
5. MMDA has no power to dismantle, remove or destroy the billboards, signages
and other advertising media installed by Trackworks on the interior and exterior
structures of MRT3.7
6. Supreme Court held the MMDA is guilty of illegal demolition of a private property 8

5 GR No. 170655 MMDA vs Viron Transport

6 Interaksyon.com, Philstar, Philippine Daily Inquirer
7 GR No. 179554 MMDA vs Trackworks
8 GR No. 177807 MMDA vs Gancayco

CONCLUSIONS and RECOMMENDATIONS

MMDAs powers are very limited and the agency is being controlled by the
mayors in the National Capital Region. At present, the critics of the agency noted that
MMDA only serves as a coordinating agency for local government units, with its actions
needing the approval of individual mayors. So it was not a surprise when up to now
there is a proposal to abolish MMDA and elect a governor instead.
However the Palace says there is no need for Metro Manila governor because
the MMDA is doing a good job. Malacaang is not keen on appointing a Metro Manila
governor . Accordingly, "Theres an MMDA chairman who is able to coordinate with all
the mayors and thats why we have a lot of problems that are integral to each and every
city that have been or common to cities that are integrated by Chairman (Francis)
Tolentino," presidential spokesperson Edwin Lacierda said.
But significant events lead to the recommendations that there should now be a
permanent body considering all the changes the country has undergone and the
experiences we have had. The present Chairman also faltered in fulfilling his task.
There was no coordination to address the floods which caused disastrous traffic jams as
experienced by many.
Our problem today is no ones in charge hence no one is held accountable.
There is no one who would take full responsibility for Metro Manila. A bill seeking the
abolition of the Metro Manila Development Authority was practically rejected by a House
of Representatives panel after members agreed to support the enactment of a measure
that would clarify its powers.
However we are not powerless when it comes to addressing the problems in the
road. As jurisprudence indicates, the Supreme Court cogently observed that police
power is lodged primarily in the National Legislature. It cannot be exercised by any
group or body of individuals not possessing legislative power. The National Legislature,
however, may delegate this power to the President and administrative boards as well as
the lawmaking bodies of municipal corporations or local government units. Once
delegated, the agents can exercise only such legislative powers as are conferred on
them by the national lawmaking body. This delegated police power is exercised by the
Local Government Unit. The City of Taguig is vested with the legislative power to enact
traffic rules and regulations was expressly done through Section 458 of the LGC, and

also generally by virtue of the General Welfare Clause embodied in Section 16 of the
LGC.
The City police may issue ticket violations to stubborn motorists who defy noparking rules. The City Mayor can direct the Traffic Management Unit (TMU) of the city
police to strictly enforce the traffic rules. Drivers who are rampant in disregarding the
safety and smooth flow of traffic need know that they should be accounted for their
violation and the City will deal with their violations to the fullest extent of the law.
Traffic congestion in the city reaches its peak during rush hour and gets worse when
drivers pay no respect to traffic rules and regulations.
There is an urgent need to strictly enforce maximum observance of traffic rules
most especially in Bonifacio Global City because of the worsening traffic situation which
happens throughout the day. To prevent serious loss of time or even loss of life and
damage to property due to reckless driving, the strict implementation of an Ordinance
and lawful apprehension of violators will ensure the safety of people living in Taguig City.
An Ordinance may be passed to ensupre "a smooth flow of vehicular traffic in all
the streets in the City of Taguig at all times". 9

9 G.R. No. 159110 Legazpi vs City of Cebu