LAWMAKERS led by Surigao del Norte Rep. Robert Ace Barbers yesterday welcomed the Supreme Court order temporarily stopping the implementation of the no-contact apprehension policy (NCAP), saying it will correct flaws in the system.
Barbers, chair of the House committee on dangerous drugs, delivered a privilege speech last month calling for a stop and review of the NCAP until all issues that are hounding the program are resolved.
“The SC’s issuance of a TRO versus NCAP is laudable and timely. This would provide a chance for the members of the Lower House and all concerned stakeholders to review and study thoroughly the alleged flaws in the NCAP implementation,” he said. “The NCAP’s intention to discipline erring, abusive and wayward motorists is laudable and good for the public. But the excessive fines, its constitutionality, among other issues, should be resolved first.”
Rep. Michael Romero (PL, 1-Pacman) said agencies and local government units (LGUs) enforcing the NCAP should return the fines paid by supposed violators, saying the government offices must have collected tens of millions.
“Now that the Supreme Court has issued a TRO (temporary restraining order) against this policy, the concerned agencies and LGUs should reimburse the alleged violators the fines collected from them,” he said.
The agencies and LGUs are the Metro Manila Development Authority (MMDA), Land Transportation Office (LTO), and the cities of Manila, Quezon, Valenzuela, Parañaque, and Muntinlupa.
He cited the case of lawyer Juman Paa, one of the complainants in the two cases against the NCAP pending before the SC, who had complained of being sent notices for four violations, for which he was asked to pay more than P20,000 in fines.
Romero said some Quezon City residents were notified of multiple NCAP violations of the 60-kilometer-per-hour speed limit on Commonwealth Ave.
“The notices show that the alleged violations were just 1-2 minutes apart. The video footage showing the alleged offenses must have been taken by just one camera. This is proof that this scheme is open to abuse,” he said, adding that violators have no protection against abuse “because they cannot argue with the footage and the camera that took it.”
Quezon City Fourth District Rep. Martin Rillo, vice chair of the House committee on Metro Manila development, urged local governments “to use the pause to conduct more extensive public consultations on the NCAP, and to heed the complaints and concerns of motorists.
“We definitely welcome the TRO. The temporary halt will compel local governments to rethink the way they are recklessly enforcing the NCAP at the expense of motorists,” he said.
Albay Rep. Joey Salceda, chair of the committee on ways and means, said: “There were obvious flaws of legality from the very start. Policing is not something that can be subject to PPP (public-private partnership), or can be conducted without informing the citizen of his rights or allowing him or her adequate methods of redress. That violates due process.”
MMDA ADJUSTS
The MMDA said it will adjust the deployment of traffic enforcers on major thoroughfares in the wake of the SC injunction.
MMDA spokesperson and legal services chief Cris Saruca said this is to ensure that traffic flow will not be affected now that the NCAP is no longer being implemented.
“Our NCAP cameras are located along major thoroughfares such as EDSA, Quezon Avenue, Commonwealth, Roxas Boulevard and C-5 so we will adjust the deployment of traffic enforcers accordingly,” he said.
In a press briefing before the Laging Handa public briefing, Saruca said with the NCAP suspension, the MMDA will intensify its physical apprehension of motorists violating traffic rules and regulations.
He said that while the NCAP implementation has contributed to the behavioral shift of motorists, the agency will do its best to perform its mandate on traffic and transport management sans the policy.
“Rest assured that the MMDA, through the leadership of acting chairman Carlo Dimayuga III, will do its best to carry out our traffic management mandate by apprehending physically and directing physically, as we await (the) final resolution of the case,” Saruca said.
The SC set the oral arguments on the petitions filed by four transport groups and lawyer Juman Paa challenging the legality of the NCAP on January 24, 2023.
Saruca said they will consult with the Office of the Solicitor General on their next course of action and whether to intervene in the pending petitions since the MMDA is not a respondent in the case.
With the SC injunction, Saruca said the collection of NCAP fines will also be suspended. He said, however, that apprehensions that happened prior to the TRO will still be subject to corresponding penalties.
“The SC said that the TRO is effective immediately and shall continue until further notice, hence, it is prospective, and those who have been caught through the policy prior to the issuance of the TRO still have to pay the fines,” Saruca said, adding that around 107,000 NCAP apprehensions took place from January to August 24, 2022.
Common violations include disregarding traffic signs, number coding scheme ,and no loading and unloading rules.
Elvira Medina, president of the National Center for Commuter Safety and Protection, said while they supported the NCAP implementation, there are “glitches” that needed to be addressed, such as the use of a third party by LGUs to operate the cameras and other devices for the policy.
“The principle behind (the) NCAP is good which is to save lives but there are some glitches that need to be ironed out though we know that there is no program that is perfect in its implementation,” she said.
Medina said the LGUs and the MMDA should use the time afforded by the SC injunction to “perfect” the system by addressing the issues raised by petitioners.
San Juan Mayor Francis Zamora said they will comply with the SC injunction, adding: “The Supreme Court has spoken regarding the No Contact Apprehension Program (NCAP). Although San Juan has not yet implemented NCAP, we respect their decision and will abide by it.” — With Ashzel Hachero and Christian Oineza
