SC orders NCAP suspension, QC and Valenzuela abide to order

MANILA: The no-contact apprehension policy (NCAP) for drivers has been suspended "until further orders" by the Supreme Court (SC). The Metropolitan Manila Development Authority (MMDA), and five Metro Manila cities that implement NCAP.

The SC stated that the temporary restraining order (TRO) is "effective immediately" and that it will consider the two legal challenges to the directive regarding the use of closed-circuit television (CCTV) cameras to monitor traffic offenses in open court on January 24, 2023.

“The court resolved, without necessarily giving due course to the petitions, to issue a temporary restraining order effective immediately, enjoining all respondents from the implementation of the no-contact apprehension policy (NCAP) programs and related ordinances,” the Supreme Court’s Public Information Office was quoted as saying in an online report.

“The court also said that any apprehensions through the NCAP programs and related ordinances shall be prohibited until further orders from the court,” the statement added.

The high court also stopped the LTO and “all parties acting on its behalf from giving out motorist information to all local government units, cities and municipalities enforcing NCAP programs and ordinances.”

The restraining order was directed to the local governments of Manila, Quezon City, Valenzuela, Parañaque, and Muntinlupa, where the no-contact policy had been put into effect, in addition to the LTO and the MMDA. 

This month, transportation organizations and a lawyer who felt his rights were infringed after receiving a traffic citation filed two petitions against the traffic regulation.

Transport groups Kilusan sa Pagbabago ng Industriya ng Transportasyon Inc., Pasang Masda, Alliance of Transport Operators and Drivers Association of the Philippines and Alliance of Concerned Transport Organizations said the NCAP places motorists “under the constant threat of being arbitrarily apprehended remotely.” The groups filed their petition on August 3.

They claimed that because Congress has not altered Republic Act No. 4136 or the Land Transportation and Traffic Code, the 1964 law that established the LTO, the city ordinances enacting the policy are illegal.

The petitioners contend that the statute only permits in-person arrests of traffic offenders and lays the onus of responsibility on the at-fault drivers rather than the owners of the registered vehicles.

The transport groups also cited what they called “unreasonable” penalties under the NCAP, including nonrenewal of vehicle registration until traffic fines are paid.

In his petition dated Aug. 18, lawyer Juman Paa said his right to due process was violated since he had not been notified about his four supposed traffic violations in Manila. For these supposed violations, he claimed, he had to pay more than P20,000 in penalties so he would be allowed to renew his vehicle registration.

Paa further contended that the NCAP's deployment violated people's right to data privacy because it made traffic infraction records and individual driver information available to anybody who typed the license plate number of the offending car into the Manila government website.

Following the TRO on NCAP, Quezon City and Valenzuela City will suspend its implementation of the rule.

“The Quezon City NCAP program has significantly reduced the traffic violations in the affected areas by 93%. It has shown that it instills a culture of traffic discipline among motorists and we believe that its implementation is legal and proper,” the QC government said in a statement.

“That being said, the Quezon City Government fully respects, and will abide by the Temporary Restraining Order (TRO) issued by the Honorable Supreme Court regarding the implementation of the No Contact Apprehension Program (NCAP),” it added.

The Valenzuela City government also posted an advisory regarding the TRO on its Facebook page.

“Although the City Government has yet to receive the formal Supreme Court order, the implementation of the No Contact Apprehension Program (NCAP) in Valenzuela City shall be suspended beginning August 30, 2022,” it said.

Photos from Land Transportation Office, Joey O. Razon/Philippine News Agency, Metropolitan Manila Development Authority 

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