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TRO to allow House to review NCAP thoroughly: solon

By Filane Mikee Cervantes

August 31, 2022, 5:46 pm

MANILA – The move of the Supreme Court (SC) to issue a temporary restraining order against the no-contact apprehension policy (NCAP) would allow the House of Representatives to review alleged flaws, including the constitutionality of the policy, a lawmaker said on Wednesday.

Surigao del Norte Rep. Robert Ace Barbers said the chamber would be looking into the issues hounding the policy, arguing that these should be resolved first despite the laudable intent of NCAP to discipline "erring, abusive and wayward" motorists.

"The SC's issuance of a TRO versus NCAP is laudable and timely. This would provide a chance for the members of the Lower House and all concerned stakeholders to review and study thoroughly the alleged flaws in the NCAP implementation," Barbers said.

1-Pacman party-list Rep. Mikee Romero, meanwhile, said government agencies and local government units that enforced the controversial policy should return the fines paid by supposed violators.

“Now that the Supreme Court has issued a TRO against this policy, the concerned agencies and LGUs should reimburse the alleged violators the fines collected from them,” he said.

He was particularly pertaining to the Metro Manila Development Authority (MMDA), Land Transportation Office (LTO), and the cities of Manila, Quezon, San Juan, Valenzuela, Parañaque, and Muntinlupa.

He noted that lawyer Juman Paa, one of the complainants in the two cases against NCAP pending before the Supreme Court, had complained of being sent notices for four violations, for which he was asked to pay more than PHP20,000 in fines.

Romero also pointed out that some Quezon City residents were notified of multiple NCAP violations of the 60-kilometer-per-hour speed limit along Commonwealth Avenue.

“The notices show that the alleged violations were just 1-2 minutes apart. The video footage showing the alleged offenses must have been taken by just one camera. This is proof that this scheme is open to abuse,” he said.

He said the violators in this case have no protection against abuse “because they cannot argue with the footage and the camera that took it.”

Romero said the LTO might have violated the Data Privacy Act after disclosing to the MMDA and the five cities that enforced NCAP the names and home addresses of the alleged violators.

"I hope the data does not fall into the hands of criminally-inclined persons who could use it for extortion activities,” he said.

Albay Rep. Joey Salceda said there were obvious flaws of legality, adding that policing cannot be conducted without informing the citizen of his rights or allowing him or her adequate methods of redress.

“We are also studying what we can do to support the petitioners, including possibly an amicus brief. That’s not off the table. I particularly wish to bring to the court’s attention problems with structuring the NCAP within Public-Private Partnerships (PPP),” Salceda said.

Salceda said while he does not object to PPPs being used to deliver the services in the process of traffic apprehension, it would present risks to the motorists’ privacy, the right to due process, and the integrity of the use of the police power of the state.

"Identifying the fault of the motorist itself should be within some police or quasi-judicial authority. It cannot be a private party telling government to apprehend this or that motorist, especially if that private party has an interest in getting more violations caught," he said.

He stressed the need to review the PPP Guidelines issued by the Department of the Interior and Local Government (DILG) and the PPP Center, considering that the way the policy is structured may not even be legal without approval from the President.

“I think now is the time to study a framework, and to really consult with all stakeholders, especially transport workers who have no choice but to be on the road every day – despite the risk of getting fined," he said.

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 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. (PNA)

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