SC issues TRO suspending no-contact apprehension policy

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.

The SC stated in a statement on Tuesday that the TRO prevents the implementation of NCAP-related programs and regulations and that any arrests made in accordance with the aforementioned policies and ordinances “”shall be prohibited until further orders from the Court.”

The injunction forbids “any parties operating on its behalf from providing motorist information to all governmental entities, towns, and municipalities enforcing NCAP programs and ordinances,” according to the Land Transportation Office (LTO).

Oral arguments on the case are expected to begin on January 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 stance that the NCAP should be put through a trial phase for at least six months prior to full deployment, arguing that it is important to conduct proper information drives and identify a solution to the problems 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.

The petition was submitted to the court earlier this month by the transportation organizations 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.

Manila, Quezon City, Valenzuela, Paraaque City, Muntinlupa City, and LTO are named in the lawsuit.

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.”

Cities that have fully implemented NCAP have reported reductions in traffic congestion brought on by stopped cars, irresponsible driving, and dangerous driving practices.

While Paraaque claimed it was a form of punishment and a solution to the enormous traffic jams that put people’s safety at danger, Valenzuela claimed that the NCAP increases road safety and motorist accountability.

Muntinlupa claimed that the NCAP has not yet been introduced.