SC partially lifts TRO on no-contact apprehension

MANILA, Philippines, May 21 ------ The Supreme Court (SC) has partially lifted the restraining order it issued against the No-Contact Apprehension Policy (NCAP), covering only the implementation of the Metropolitan Manila Development Authority (MMDA) along major thoroughfares such as C5 and EDSA. 

SC spokesperson Camille Sue Mae Ting said the high court granted the urgent motion filed by the Office of the Solicitor General (OSG) in behalf of the MMDA, partially lifting the temporary restraining order (TRO) issued in August 2022. She said the MMDA resolution authorizing NCAP applies only to major roads and does not extend to local government units (LGU) enforcing their own policy within their jurisdictions. “The TRO is only lifted with respect to the MMDA, but it still remains with respect to the LGU ordinances. It can only be implemented by the MMDA in major thoroughfares, because the MMDA resolution only refers to major thoroughfares, especially C5 and EDSA,” Ting said at a press briefing. 

In its urgent motion, the OSG cited the mounting record of traffic violations – about 833,000 – since the suspension of the NCAP from August 2022 to April 2025. It noted that in March of this year alone, a total of 12,566 traffic violations were documented, which is way beyond the 9,500 average monthly traffic violations prior to the NCAP’s suspension. 

The OSG said that even though the MMDA has implemented its single-ticketing system, it is, by itself, not enough to address Metro Manila’s worsening traffic situation, saying road congestion and vehicular accidents are “primarily caused by motorists’ blatant disregard of traffic rules and lack of road discipline.” “The MMDA cannot reasonably apprehend all these flagrant violations due to its limited personnel available for deployment to guarantee compliance with traffic regulations,” the OSG argued, saying NCAP has been a vital tool in the pursuit of instilling road discipline. 

The OSG also noted the massive rehabilitation of EDSA this year, which would divert vehicles to interior roads and alternate routes and would render the limited deployment of MMDA traffic enforcers and deputized local officers “grossly inadequate” to manage the anticipated surge in traffic. “It is respectfully but firmly submitted that the MMDA must be granted full authority to implement its road and traffic management programs – most critically, its NCAP – to effectively address the worsening traffic congestion across Metro Manila’s thoroughfares and to safeguard the welfare and safety of all road users,” the motion read. 

The TRO against NCAP was issued on two petitions. The first was filed by the Kilusan sa Pagbabago ng Industriya ng Transportasyon Inc., Pangkalahatang Saggunian Manila and Suburbs Drivers Association Nationwide, Alliance of Transport Operators and Drivers Association of the Philippines and the Alliance of Concerned Transport Organizations. The second petition was filed by lawyer Juman Paa, who also pleaded for a TRO against the NCAP being implemented in the city of Manila. 

In issuing the TRO, the SC prohibited any apprehensions through the NCAP programs and ordinances, and enjoined the LTO and all parties from giving out motorist information to all LGUs, cities and municipalities enforcing NCAP programs and ordinances. When the first petition was filed, the NCAP was being implemented in Metro Manila by the local governments of Quezon City, Manila, Valenzuela, Muntinlupa and Parañaque, through their ordinances based on the 2016 resolution of the MMDA, which ordered the re-implementation of the NCAP. 

Petitioners argue that the NCAP implementation is unconstitutional because it violates the right to privacy of motorists, since anyone can access the traffic violation records by merely using the plate number of the vehicle. They argue that NCAP provisions impose unreasonable conditions that include non-renewal of vehicle registration until fines are settled. Petitioners said no law passed by Congress authorizes NCAP’s implementation, and that administrative regulations must not contradict existing laws or the Constitution. 

Motorists complained that exorbitant fees were collected under NCAP, with the bulk of the fees going to a private service provider, which should have no role in enforcing laws and traffic rules. Motorists also cited the inadequacy of traffic management infrastructure. In a statement yesterday, the MMDA said the lifting of the TRO will enable the agency to enhance traffic management on major roads, particularly in preparation for the EDSA rehabilitation, which begins on June 13 and is expected to worsen congestion. 

Source: philstar.com