SC issues TRO vs. NCAP, sets oral arguments for January 2023

The Supreme Court on Tuesday issued a temporary restraining order (TRO) against the No Contact Apprehension Policy (NCAP) being implemented by several local government units in Metro Manila.

In a media briefer, the SC said effective immediately, any apprehensions through the NCAP programs and ordinances related to the policy shall be prohibited until further orders from the court.

It also enjoined 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 the NCAP programs and ordinances.

The Metropolitan Manila Development Authority was also covered by the TRO. 

"As for those previously apprehended prior to the TRO, let us wait for the actual pronouncement of the Supreme Court on the main petitions," SC spokesperson Brian Keith Hosaka said. 

The SC set the oral arguments on the issue for January 24, 2023.

The order came after transport groups Kapit, Pasang Masda, Altodap, and the Alliance of Concerned Transport Organizations filed a petition against local ordinances related to the NCAP in five cities (Manila, Quezon City, Valenzuela, Muntinlupa, and Parañaque) in Metro Manila.

A lawyer also asked the high court to declare unconstitutional and issue a TRO against Manila City Ordinance No. 8676, which covers the policy.

For its part, the LTO has previously asked local governments to temporarily suspend the implementation of the policy, with its head, Teofilo Guadiz III, calling on the mayors of the five cities to sit down with the LTO and the MMDA to create uniform guidelines.

Some Metro Manila mayors, however, have voiced their opposition to the proposed suspension of the NCAP. 

Reactions

Pasang Masda president Obet Martin welcomed the TRO and extended his gratitude to the high court. 

“Although temporary status ito kanya nga’t, ito’y malaking tulong na sa amin, nawala na ang aming mga pangamba (although it is temporary, this is already a big help and our worries are gone),” he told reporters.

“Ganoon pa man kami ng Kapit, Altodap, at ng Acto at ang aking Pasang Masda ay mangangalap pa ng sapat na ebidensya upang mapagtibay pa namin ang aming mga pinaglalaban dito sa NCAP na ito,” he added.

(Nonetheless, Kapit, Altodap, Acto, and Pasang Masda will continue to gather evidence to strengthen our arguments against the NCAP.)

Meanwhile, the Manila City government said it would comply with the TRO as soon as it receives a copy of the document.

“Nauunawaan namin at itinataguyod ang karapatan ng sinomang mamayan na kwestyunin ang anumang gawain ng pamahalaan tungo sa ikabubuti ng lahat,” it said.

(We understand and support the right of any citizen to question the decisions of the government for the welfare of everybody.)

However, the local government unit said that new technology helps in providing fast, efficient, and convenient services to the general public.

Both the Manila and Quezon City governments said traffic violations have significantly decreased in their areas as a result of the NCAP.

For Manila, daily violations dropped by 90% in June 2022, while Quezon City said violations decreased by 93%.

"It has shown that it instills a culture of traffic discipline among motorists and we believe that its implementation is legal and proper," the Quezon City government said in a statement.

"That being said, the Quezon City government fully respects, and will abide by, the TRO issued by the Honorable Supreme Court regarding the implementation of the NCAP," it added.

The Metropolitan Manila Development Authority (MMDA) said it would refrain from implementing the NCAP.

“The Metropolitan Manila Development Authority (MMDA) will no longer implement the No Contact Apprehension Policy (NCAP) in light of the statement of Supreme Court spokesperson Brian Keith Hosaka that the agency is covered by the SC's temporary restraining order on the implementation of NCAP," the MMDA said in a statement. —with Sherylin Untalan/KBK/VBL/NB, GMA News