Supreme Court issues TRO against NCAP

Editor's Note: The Metropolitan Manila Development Authority (MMDA) has released an official statement stating that it will no longer implement the No Contact Apprehension Policy (NCAP). This is in light of the statement of Supreme Court spokesperson Brian Keith Hosaka, which clarified that the MMDA is covered by the Supreme Court's temporary restraining order on the implementation of the NCAP.  

The Supreme Court (SC) has issued a temporary restraining order (TRO) against the no-contact apprehension policy (NCAP) currently implemented in a number of cities within Metro Manila. 

The Supreme Court has temporarily put a stop to NCAP

In a resolution issued to the media Tuesday, the high court ruled that the TRO is effective immediately, prohibiting authorities from conducting apprehensions through NCAP and similar ordinances (in the City of Manila at the very least) until further notice. It also bars the Land Transportation Office (LTO) from sharing motorist information to all local government units, cities, and municipalities for the purposes of enforcing NCAP. 

Oral arguments on two petitions filed with the SC challenging NCAP’s constitutionality have been scheduled for January 24, 2023. The first petition was filed by four transport groups, alleging that the NCAP has no legal basis since it is not explicitly defined in both Republic Act No. 7924 or the MMDA Law and Republic Act 4136 or the Land Transportation and Traffic Code.  

Four transport groups have challenged the NCAP's legal basis in a petition 

The second petition, filed by lawyer Juman B. Paa, included a plea to issue a TRO against the NCAP being implemented in the City of Manila. Paa has asked the SC to declare Manila City Ordinance No. 8676 series of 2020 as unconstitutional, on the grounds that it violates a person’s right to privacy. 

He asserts that the NCAP in Metro Manila is mostly operated by a private firm through a profit-sharing agreement, and that its access to closed-circuit television (CCTV) footage could be used for surveillance against a specific individual, exposing citizens to risks against safety and privacy. 

The MMDA says it will continue to enforce the NCAP despite the SC order

The NCAP’s implementation has been controversial, with the Land Transportation Office (LTO) calling for its suspension amid complaints from both private motorists and transport operators. Rep. Robert “Ace” Barbers has called for a congressional investigation, citing concerns that it can be used as a breeding ground for corruption.    

Meanwhile, both Quezon City and Valenzuela City have credited NCAP with reducing the number of traffic violators within their respective jurisdictions.  

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