THE Supreme Court has partially lifted the temporary restraining order it issued against the No-Contact Apprehension Policy (NCAP), allowing only the Metropolitan Manila Development Authority to implement the controversial program.
In a press briefing yesterday afternoon, SC spokesperson Camille Ting said the magistrates partially lifted the injunction during their en banc session, adding the ruling was effective immediately.
“If you all remember, the TRO the Court issued last August 2022 covers the MMDA resolution and the local city ordinances. So the TRO here is only lifted with respect to the MMDA but it still remains with respect to the LGU ordinances,” Ting explained.
“It can only be implemented by the MMDA in major thoroughfares since the MMDA resolution only refers to major thoroughfares, especially C5 and EDSA,” she added.
This means the ruling applies exclusively to these major thoroughfares and does not extend to LGUs also enforcing the NCAP within their respective jurisdictions.
Among the Metro LGUs enforcing the NCAP before the injunction were Valenzuela City, Paranaque City, Quezon City, Manila, Muntinlupa, and San Juan.
The MMDA welcomed the lifting of the TRO, saying it will allow the agency to “more effectively address traffic congestion on Metro Manila’s major thoroughfares and safeguard the welfare and safety of all road users.”
It added that the SC ruling could not have come at a more opportune time, considering that the government is set to start rehabilitating EDSA on June 13.
“The reinstatement of NCAP is expected to strengthen the agency’s traffic management along EDSA and other major thoroughfares, utilizing closed-circuit television cameras, digital cameras, and other technology to capture videos and images of traffic violators, record traffic violations, and issue citations,” the MMDA said.
“As the implementation of NCAP resumes, we hope to instill road discipline among motorists,” it added.
The NCAP utilizes CCTV and digital cameras to identify and apprehend traffic violators through videos and images captured of their violation.
Once a violation is detected, the LGU concerned issues traffic citation tickets and mails them directly to the vehicle’s registered owners.
Non-payment of fines within seven days means their vehicles will not be accommodated for re-registration.
A similar policy was implemented by the MMDA when Bayani Fernando served as the agency chairperson, but bus operators sued and managed to get a ruling from the Makati City Regional Trial Court stopping its enforcement.
Before Ting’s formal announcement, Solicitor General Menardo Guevarra confirmed the SC has lifted the injunction but said his office does not yet have a copy of the ruling.
The SC decision followed an urgent motion filed by the MMDA through Guevarra last Friday asking for the lifting of the TRO.
THE MMDA argued that the TRO has led to a surge in traffic violations and accidents in the metropolis, with nearly 257,000 traffic violations since the injunction was enforced.
Guevarra also said the NCAP is not for revenue generation but to improve road safety and traffic flow.
The SC injunction was issued after four transport groups — Kilusan sa Pagbabago ng Industriya ng Transportasyon Inc., Pasang Masda, Alliance of Concerned Transport Operators and Altodap — asked the tribunal to declare the NCAP as unconstitutional.
Also included as a respondent in the petition was the Land Transportation Office.
Ting said the magistrates have yet to rule on the transport group’s plea.
“If they decide with finality, then it’s either the injunction is lifted all the way or it’s completely not enforceable,” the official added.
