SC issues stop order on No Contact Apprehension Policy

Motorists ply the northbound lane of EDSA in Pasay City before dawn on Aug. 14, 2022. The Metropolitan Manila Development Authority (MMDA) will reimplement their number coding scheme in the morning, from 7 a.m. to 10 a.m., starting August 15 to help decongest traffic along EDSA during rush hour.
The STAR / Miguel de Guzman

MANILA, Philippines — The Supreme Court has issued an order temporarily stopping the implementation of the No Contact Apprehension Policy and set the two petitions questioning the program’s legality for oral debates.

The SC Public Information Office said in a statement that the court in Tuesday’s en banc session issued a temporary restraining order, “effective immediately and until further orders from the Court, enjoining all respondents from implementation of the [NCAP].”

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

The Land Transportation Office and all parties are also enjoined from giving out motorist information to all local government units, cities and municipalities enforcing NCAP program and ordinances, the SC also said.

The high court set the petitions filed by transport groups and a lawyer for oral arguments on January 24, 2023.

The petitions

The first petition for certiorari was filed by transport groups KAPIT, PASANG MASDA, ALTODAP, and ACTO against Manila, Quezon City, Valenzuela City, Parañaque City, Muntinlupa City and the Land Transportation Office on August 3.

The petitions questioned “several local ordinances with regard to the implementation of the ‘no contact apprehension program,’” SC spokesperson Brian Hosaka earlier said. A full copy of their petition has yet to be made public.

On August 16, the SC en banc ordered the respondents to file their respective comments on the petition and the application for the TRO within 10 days from receipt of the written order

A lawyer who was fined over P20,000 for alleged traffic violations filed another petition on August 18.

The Land Transportation Franchising and Regulatory has asked the suspension of the implementation of NCAP, pending clear guidelines, but Metro Manila mayors, with the backing of the Metropolitan Manila Development Authority, stand firm on the enforcing the program.

Valenzuela City Mayor Wes Gatchalian, Paranaque City Mayor Eric Oliverez, Quezon City Mayor Joy Belmonte, Manila City Mayor Honey Lacuna, and San Juan City Mayor Francis Zamora said the implementation of the NCAP "resulted in" the "minimization of human intervention in traffic enforcement." This supposedly eliminated corruption, created a culture of discipline among motorists, and ensured road safety by reducing traffic violations. 

"The implementation of the NCAP never disregarded motorists' due process since each local government unit has their respective traffic adjudication boards where motorists can contest and file protests or appeals," they also said. 

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