PH SolGen appeals to restore NCAP

MANILA: State lawyers gathered before the Supreme Court to resume their defense of the non-contact apprehension policy (NCAP), which was the subject of a temporary restraining order (TRO) last year.

On behalf of the Land Transportation Office (LTO) and the Metro Manila Development Authority (MMDA), Solicitor General Menardo Guevarra appealed to the Supreme Court to reinstate the NCAP and continue the policy of apprehending the registered owner of a vehicle caught violating the law.

Guevarra claimed that it is an opportunity to broaden the principles initially established in the Erezo v. Jepte case in 1952, which argues that in addition to the driver of the vehicle, the registered owner of a vehicle is also responsible for any injuries incurred in accidents.

According to Guevarra, there is a “disputable presumption” under the 1952 precedent that the registered vehicle owner will be held accountable for accidents, “with more reason that presumption (should be applied in cases) of mere violation of rules and regulation.”

Guevarra added that the fines were regulatory fees imposed to support the police power of local government units, and not revenue-raising fees.

He also said that the fees collected also cover the expenses associated with traffic management.

The Supreme Court issued a TRO in August 2022 outlawing the implementation of NCAP-related programs and ordinances “until further orders.”

Under the order, the LTO and any parties acting on its behalf were prohibited from providing motorist information to any government agencies, cities, or municipalities that were implementing NCAP programs and ordinances.

The petition was filed against Manila, Quezon City, Valenzuela, Parañaque City, Muntinlupa City, and the LTO by transport groups Kilusan sa Pagbabago ng Industriya ng Transportasyon Inc., Pasang Masda, Alliance of Concerned Transport Organizations, and Alliance of Transport Operators and Drivers Association of the Philippines.

According to the transport groups, the closed-circuit television cameras used in the system put drivers under constant fear of being unjustly apprehended remotely and issued notices of violation for alleged traffic offenses perpetrated without any contact.

The cities that have fully implemented NCAP have reported reductions in traffic congestion brought on by apprehended vehicles, reckless driving, and dangerous driving practices.

Government lawyers testified at the first hearing on December 6, 2022, that the implementation of NCAP does not compromise the privacy rights of drivers since the cameras capture images of vehicles that break traffic rules and regulations but are unable to obtain photos of the drivers' faces.

Photo from Land Transportation Office

Also read: LTO advocates for more dialogue and a thorough review of NCAP