SC issues TRO stopping no-contact apprehension policy

By Benjamin Pulta and Wilnard Bacelonia

August 30, 2022, 4:16 pm

<p><em>(PNA photo by Joey O. Razon)</em></p>

(PNA photo by Joey O. Razon)

MANILA – The Supreme Court issued a temporary restraining order (TRO) effective immediately against the implementation of the no-contact apprehension policy (NCAP) for traffic violators in Metro Manila.

In a statement on Tuesday, the SC said the TRO stops the implementation of NCAP-related programs and ordinances and any apprehensions through the said policy and ordinances "shall be prohibited until further orders from the Court."

The order also stops the Land Transportation Office (LTO) "and all parties acting on its behalf from giving out motorist information to all government units, cities, and municipalities enforcing NCAP programs and ordinances."

Oral arguments on the case are scheduled starting Jan. 24, 2023.

"I do not know the reason why the case was set for hearing January next year. However, in the meantime, the TRO will be in effect," SC spokesperson Brian Keith Hosaka told reporters via text message.

Senator JV Ejercito maintained his position that the NCAP should be on a trial period for at least six months before full implementation, saying proper information drives and finding a remedy for the glitches should be done first.

"As a former mayor, I understand the intent of the mayors in NCR (National Capital Region) to put order and to modernize enforcement to prevent corruption. However, since NCAP is still a new concept, not everyone is informed about its mechanics, not to mention the glitches that comes with automation," Ejercito said in a statement after the issuance of the TRO.

He had previously said the NCAP should be “perfected" first and cited complaints from riders and drivers that they were “unjustly fined” because of the policy’s flaws.

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 filed the petition before the court earlier this month.

Named in the suit were Manila, Quezon City, Valenzuela, Parañaque City, Muntinlupa City, and LTO.

In the 47-page petition, the groups said the system which uses close-circuit television cameras places motorists “under constant threat of being arbitrarily apprehended remotely and issued notices of violation for alleged traffic offenses committed without any contact whatsoever.”

The cities that have fully implemented NCAP cited decrease in obstructions, choking of traffic from apprehended vehicles, reckless driving, and hazardous motorists’ habits.

Valenzuela said the NCAP promotes road safety and motorist accountability while Parañaque said it is a form of discipline and the answer to major traffic congestions that create safety risks.

Muntinlupa said it has not yet implemented the NCAP. (PNA)

 

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