SC eases no-contact apprehension program restraining order

MANILA, Philippines — The Supreme Court has lifted the temporary restraining order on the no-contact apprehension policy (NCAP) previously implemented by the Metropolitan Manila Development Authority (MMDA).

Supreme Court spokesperson Camille Ting clarified that the lifting only applies to the MMDA resolution and does not cover those issued by local government units (LGUs).

MMDA Chairman Romando Artes said on May 16 that the agency requested the Supreme Court to lift the NCAP. They filed their “urgent motion” through the Office of the Solicitor General. 

The agency made the request to help ease severe traffic congestion, especially along EDSA, which is set for rehabilitation, according to Artes.

The Supreme Court issued the temporary TRO on Aug. 30, 2022, after several groups challenged its constitutionality. The restraining order covers the implementation of the MMDA and LGUs.

Several transport groups, namely KAPIT (sa Pagbabago ng Industriya ng Transportasyon Inc.), Pasang-Masda (Pangkalahatang Sangguniang Manila and Suburbs Drivers Association Nationwide), ALTODAP (Alliance of Transport Operators and Drivers Association of the Philippines), ACTO (Alliance of Concerned Transport Organization) and lawyer Juman Paa, are among the petitioners challenging the NCAP. Their petition was filed on Aug, 17, 2022. 

They argued that the policy functions primarily as a revenue-generating scheme, implemented without adequate traffic management infrastructure. 

They also claim that a private service provider illegally enforces traffic rules under the program. 

Furthermore, they pointed out that NCAP violators faced substantial fines and resolving disputes over these penalties was reportedly difficult.