MANILA (4th UPDATE) — The Supreme Court on Tuesday issued a temporary restraining order (TRO) which halts, for the time being, the implementation of the "no-contact apprehension program" (NCAP) of some Metro Manila cities.

It also set the case for oral arguments on Jan. 24, 2023, giving proponents and critics of the policy an opportunity to argue for or against the measure.

In a media briefer, the SC Public Information Office said the TRO is effective immediately, prohibiting respondents from implementing NCAP.

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

The TRO further prevents "the Land Transportation Office 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," it added.

High court spokesperson Brian Keith Hosaka said the TRO also covers the NCAP of the Metropolitan Manila Development Authority (MMDA).

"Upon verification with the Clerk of Court, I was informed that the MMDA is covered by the TRO in the NCAP case," he said, adding that a copy of the actual order will be released to the public once his office gets one.

In response, the MMDA said it is complying with the order.

The TRO was issued in response to two pending petitions seeking to nullify the NCAP on due process concerns.

Transport groups, on Aug. 3, challenged seven ordinances of the LGUs of Manila, Quezon City, Valenzuela, Parañaque City and Muntinlupa City issued between 2016 and 2021, which they said would allow traffic enforcers to apprehend motorists without citing which specific provision of the Land Transportation and Traffic Code (RA 4136) they allegedly violated.

• 'No action' yet on transport groups' TRO petition vs. 'no contact apprehension' policy

Another petition was filed on Aug. 17 against Manila’s NCAP by lawyer Juman Paa who was fined P20,000 for alleged traffic violations.

• Fined P20-K, lawyer challenges Manila’s 'no-contact apprehension' program before SC

Both petitions claimed NCAP prevented alleged traffic violators from contesting the violation and penalizes the registered vehicle owners, not the drivers of the vehicles.

The policy also allegedly shifts the burden to the registered owner to prove that there was no violation and creates a presumption of liability of the registered owner.

In addition, Paa argued the penalties for Manila’s NCAP are much higher than those imposed by the LTO and the MMDA.

• LTO wants lower fines for PUVs under no contact apprehension

Furthern, he alleged a violation of the right to privacy because it supposedly appears that anyone who enters the plate number of a vehicle on Manila City’s website would be able to see the number of traffic violations committed including personal details such as the name of the vehicle owner, address and details of the vehicle.

Despite mounting public opposition against the measure, the MMDA and some Metro Manila mayors had expressed support for NCAP.

The MMDA said its version of NCAP has been proven to be an "effective force multiplier to its traffic enforcers."

A joint statement of Metro Manila mayors said the policy is effective in instilling discipline among drivers and is in line with President Ferdinand “Bongbong” Marcos, Jr.’s emphasis on digitizing and making accessible the government’s services.

REACTIONS

In a statement, the city of Manila said implementation of new technology provides fast and efficient service to constituents. It said that since the implementation of the NCAP, Manila saw a more than half decline in traffic violations and accidents in the capital city.

The local government of Quezon City, in a separate statement, said NCAP has "significantly reduced" traffic violations. It added that the implementation of NCAP is "legal and proper."

Officials from the two local governments said they are complying with the TRO from the high court, nonetheless.

The city government of Valenzuela said it is also temporarily suspending the implementation of the NCAP starting Tuesday.

But traffic enforcers on the ground will continue to implement the rules on the road in these localities.

Sen. JV Ejercito maintained his position that NCAP should be put "on a trial period for 6 months" before fully implementing it.

He said NCAP is still a new concept, adding that not everyone is aware of its mechanics, "not to mention the glitches that [come] with automation."

Meanwhile, Terry Ridon, Infrawatch Philippines convenor and former House transportation committee member, hopes that the SC "will reconsider its order and allow the NCAP to proceed while deliberating the merits of the ongoing petitions."

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