MANILA, Philippines – Amid rising traffic violations and accidents in Metro Manila, the Office of the Solicitor General urged the Supreme Court (SC) to lift the temporary restraining order (TRO) and immediately resolve the petition questioning the constitutionality of local governments implementing the No Contact Apprehension Policy (NCAP).
Speaking through Solicitor General Menardo Guevarra in its reply to the memorandum submitted by the petitioners, the Land Transportation Office (LTO) told the SC that the number of CCTV-monitored traffic violations have increased to around 257,000 since the SC issued a TRO on August 30, 2022.
Around 32,000 violations were recorded in May 2023 alone, almost quadruple the number of average monthly traffic violations reported before the NCAP was suspended.
“Clearly, the NCAP acts as an effective deterrent against traffic violations,” said Guevarra.
There was also an increase in accidents in Metro Manila in the last quarter of 2022, coinciding with the NCAP’s suspension. The OSG noted that it was difficult for the limited traffic personnel to implement the exclusive bus lane policy along EDSA without help from apprehension via CCTV.
The OSG added that since the conclusion of the oral arguments on the case held on January 24, 2023, there have been numerous developments that necessitate the resumption of the NCAP, such as the single-ticketing system adopted by the Metro Manila Council (MMC) beginning May 2023.
The MMC also approved the Metro Manila Traffic Code of 2023, which intended to harmonize existing national and local laws on traffic enforcement in the capital region.
Due to the existing TRO on the NCAP, Guevarra said, the single-ticketing system’s pilot testing was limited to physical or “contact” apprehensions.
“For these, the respondents humbly beseech this honorable Court to resolve the matter immediately. The prompt resolution of the pending petitions will enable the government to implement needed measures to better manage the traffic situation in Metro Manila, and contribute to an improving economy and way of life,” said Guevarra.
TRO roots
Transport groups such as the Kilusan sa Pagbabago ng Industriya ng Transportasyon Inc., Pangkalahatang Sangguniang Manila and Suburbs Drivers Association Nationwide, Alliance of Transport Operators and Drivers Association of the Philippines, and the Alliance of Concerned Transport Organization filed a consolidated petition in 2022 to suspend the NCAP.
The transport groups challenged the legality of implementing the program, arguing that it had no basis in transportation-related laws, such as the laws creating the Metropolitan Manila Development Authority and the LTO.
They said that the ordinances of the local governments allowing NCAP were invalid, since there are no existing national laws that allow for local implementation.
The law creating the LTO allows only for face-to-face apprehension of traffic violators, according to the petitioners.
The petitioners also questioned the NCAP rule of non-renewal of the vehicle registration until fines are settled.
Lawyer Juman Paa’s petition, which was also in the consolidated petition, challenged the Manila local government’s NCAP implementation after he was made to pay hefty fines for four traffic violations before he could register his vehicle.
He said that the NCAP violated motorists’ constitutional right to privacy and due process. – Rappler.com