SUBJECT: Legal Opinion in respect of Metro Manila Development Authority (MMDA) as Embodied in sec.

11 Article X of the 1987 Philippine Constitution.

We have been instructed to give an opinion as to the form of MMDA whether it is Special Metropolitan Subdivision as embodied in Sec 11, article X of the 1987 Philippine Constitution and if it is creation is constitutional. Sec. 11 provide that;

Section 11. The Congress may, by law, create special metropolitan

political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination." To be able to answer the issue whether MMDA is a SPECIAL METROPOLITAN POLITICAL SUBDIVISON ,we must first state how MMDA is created: In 1990, President Aquino issued Executive Order (E. O.) No. 392 and constituted the Metropolitan Manila Authority (MMA)When R.A. No. 7924 took effect, Metropolitan Manila became aA "special development and administrative region" and the MMDA a "special development authority" whose functions were "without prejudice to the autonomy of the affected local government units." MMDA is created by the legislature without a plebiscite. Subject to the above statements, we are of the opinion that 1.) MMDA is not A SPECIAL METROPOLITAN POLITICAL SUBDIVISION because , it did not meet the requisites embody in sec.11, Article X of the 1987 constitution which require Congress that if it would create a special metropolitan political subdivision it is subject to a plebiscite as set forth in Sec.10 ,which creation is subject to the criteria established in local government code and subject to approval by majority of the vote cast in a plebiscite.

In a recent Jurisprudence in MMDA vs. Bel Air Village , Association Development Authority, it was held that MMDA is not A SPECIAL METROPLITAN DEVELOMENT AUTHORITY as contemplated in Sec 11. Rather it is an administrative agency of the government , because it creation failed to follow requisite of the creation of Special Metropolitan political Subdivision which it must submitted for a plebiscite and approval of the political units that would be directly affected. Also in the same jurisprudence, the Supreme Court were able to derive what is the intent of the framers when they created R.A. 7924,the law that created MMDA, wherein the framers of the law intended that it is only for the purposes of rendering basic services for the effective delivery of metro-wide services in Metropolitan Manila .Also from the explanatory note of the bill it stated that the proposed MMDA is a "development authority" which is a "national agency, not a political government unit. 2. In the second issue whether MMDA is constitutional, we answer in the affirmative because MMDA for the purposes of the framer who created it show that MMDA was administrative agency that was born out of the complexities arising in the basic services in Metro Manila and it can be created without need of a plebiscite . And its creation is based on Article 18, Section 8 of the 1987 Philippine Constitution, creating Metropolitan Manila Authority (MMA) which state : Until otherwise provided by the Congress, the President may constitute the Metropolitan Authority to be composed of the heads of all local government units comprising the metro Manila Area. Therefore we finally came to the conclusion that MMDA is a metropolitan Authority as embodied in Sec 8,Article 18 not a Special Metropolitan political subdivision as stated in Sec.11, Article 10 and it is a administrative agency which is constitutional. ``````````````````````````````````````````````````````````````` `````````````````````````````````````````````````mrjdapena