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    530 SCRA 341 - August 15, 2007: Mmda V. Viron Transportation

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    itsmesteph
    The MMDA petitioned to overturn a ruling declaring an executive order invalid. The executive order ordered the closure of provincial bus terminals along major roads in Metro Manila to address traffic issues. The court ruled the executive order was an invalid exercise of police power for two reasons: 1) The MMDA has no authority to implement the bus terminal closure project, as that power belongs to the DOTC. 2) Closing bus terminals was not a reasonable means to address traffic and less restrictive alternatives existed. Therefore, the court denied the MMDA's petition and declared the executive order null and void.

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    530 SCRA 341 - August 15, 2007: Mmda V. Viron Transportation

    Uploaded by

    itsmesteph
    63 views1 page
    The MMDA petitioned to overturn a ruling declaring an executive order invalid. The executive order ordered the closure of provincial bus terminals along major roads in Metro Manila to address traffic issues. The court ruled the executive order was an invalid exercise of police power for two reasons: 1) The MMDA has no authority to implement the bus terminal closure project, as that power belongs to the DOTC. 2) Closing bus terminals was not a reasonable means to address traffic and less restrictive alternatives existed. Therefore, the court denied the MMDA's petition and declared the executive order null and void.

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    MMDA v VIRON.docx

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    The MMDA petitioned to overturn a ruling declaring an executive order invalid. The executive order ordered the closure of provincial bus terminals along major roads in Metro Manila to address traffic issues. The court ruled the executive order was an invalid exercise of police power for two reasons: 1) The MMDA has no authority to implement the bus terminal closure project, as that power belongs to the DOTC. 2) Closing bus terminals was not a reasonable means to address traffic and less restrictive alternatives existed. Therefore, the court denied the MMDA's petition and declared the executive order null and void.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    63 views1 page

    530 SCRA 341 - August 15, 2007: Mmda V. Viron Transportation

    Uploaded by

    itsmesteph
    The MMDA petitioned to overturn a ruling declaring an executive order invalid. The executive order ordered the closure of provincial bus terminals along major roads in Metro Manila to address traffic issues. The court ruled the executive order was an invalid exercise of police power for two reasons: 1) The MMDA has no authority to implement the bus terminal closure project, as that power belongs to the DOTC. 2) Closing bus terminals was not a reasonable means to address traffic and less restrictive alternatives existed. Therefore, the court denied the MMDA's petition and declared the executive order null and void.

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    MMDA v.

    VIRON TRANSPORTATION
    530 SCRA 341 | August 15, 2007
    Carpio-Morales, J.

    Doctrines:
    1. While there may be a valid interest on the part of the government to warrant the exercise
    of police power, the same must be pursued using reasonable means.
    2. MMDA’s authority is limited. It has no police power or legislative power.

    FACTS
    The present case is a petition for Certiorari questioning the authority of the MMDA to
    order the closure of provincial bus terminals along EDSA and major thoroughfares of Metro
    Manila. Specifically, the petitioners are assailing the decisions rendered by the RTC of Manila
    which declared the EO as an invalid exercise of police power. The said EO was issued by President
    Gloria Arroyo to address the worsening traffic situation in the Metro and its nearby provinces and
    it was expressly stated there that the MMDA recommended the removal of bus terminals along
    EDSA and establish Greater Manila Mass Transport System Project which would then integrate
    the existing transport modes, namely the buses, the rail-based systems of the LRT, MRT and PNR
    and to facilitate and ensure efficient travel through the improved connectivity of the different
    transport modes. It also designated the MMDA as the implementing agency for the Project.
    Aggrieved by said issuance, respondents filed for a declaratory relief arguing that the MMDA has
    no authority to order the removal of the bus terminals and the would transgressed the possessory
    rights of owners and operators of public land transportation units over their respective terminals.
    The RTC initially affirmed the validity of the EO but then reversed its decision and declared the
    EO as an invalid police power.

    ISSUES AND HOLDING

    1. W/N the EO is a valid exercise of police power- NO.


    While the assailed EO was issued in pursuance of the government’s effort to
    decongest traffic, the same is an invalid exercise of police power. First, the MMDA has no
    authority to be the implementing agency of the project. A perusal of the authority of the
    president to designate MMDA would show that it was the DOTC who is vested with the
    authority to exercise primary policy planning, programming, coordinating, implementing,
    regulating and administrative entity to promote, develop and regulate networks of
    transportation and communications. It includes the power to establish and administer
    comprehensive and integrated programs for transportation and communications. On the
    other hand, the powers of the MMDA are limited to the following acts: formulation, and
    regulation, among many others. It has no police power, let alone legislative power.
    Moreover, the means was not reasonable for bus per se do not impede or help
    impede the flow of the traffic. There are also less restrictive means that could be adopted
    such as imposing reasonable specifications for the size of the terminals, among many
    others.

    WHEREFORE, the Petition is, in light of the foregoing disquisition, DENIED.


    E.O. No. 179 is declared NULL and VOID for being ultra vires.

    SERAPIO C2021 | 1

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