THE Supreme Court has rescheduled to December the oral arguments on the petitions challenging the legality of the Non-Contact Traffic Apprehension Policy (NCAP) being implemented by several local government units in the National Capital Region and the Metropolitan Manila Development Authority.
The decision to reset the oral argument, originally set in January next year, was reached during last Tuesday’s regular en banc session.
“The Court resolved to reschedule the oral arguments in the case from January 24, 2023 to December 6, 2022 at 2p.m.,” the en banc said.
It also set the preliminary conference of the case on November 4.
The en banc also directed that the MMDA be furnished a copy of the petition and to answer it within 10 days from receipt.
Last August, the SC issued a temporary restraining order against the implementation of the NCAP by the local government units of Manila, Muntinlupa, Quezon city, Paranaque and Valenzuela.
The SC later said the injunction also covers a similar program of the MMDA.
The injunction was based on the petitions filed by four transport groups — Kilusan sa Pagbabago ng Industriya ng Transportasyon Inc. Pasang Masda, Alliance of Concerned Transport Operators and Altodap — asking the SC to declare as unconstitutional the traffic apprehension scheme.
Also included as a respondent in the petition is the Land Transportation Office.
In seeking the High Court’s intervention, the transport groups claimed the NCAP is “unconstitutional” as it did not give motorists due process.
A similar petition was also filed before the SC by lawyer Juman Paa, who said he was fined P20,000 for alleged traffic violations based on Manila’s NCAP provided under Ordinance No.8676 passed in 2020 by the Manila City Council.
The NCAP utilizes CCTV and digital cameras to identify 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.
