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TRO on no-contact apprehension partially lifted
By Nidz Godino
“TRO is only lifted with respect to MMDA, but it still remains with respect to LGU ordinances… can only be implemented by MMDA in major thoroughfares, because MMDA resolution only refers to major thoroughfares, especially C5 and EDSA,” Supreme Court (SC) spokesperson Camille Sue Mae Ting said at press briefing.SC has partially lifted restraining order it issued against No-Contact Apprehension Policy (NCAP), covering only implementation of Metropolitan Manila Development Authority (MMDA) along major thoroughfares such as C5 and EDSA.
Ting said high court granted urgent motion filed by Office of the Solicitor General (OSG) in behalf of MMDA, partially lifting temporary restraining order (TRO) issued in August 2022.
She said MMDA resolution authorizing NCAP applies only to major roads and does not extend to local government units (LGU) enforcing their own policy within their jurisdictions.
In its urgent motion, OSG cited mounting record of traffic violations about 833,000 since suspension of NCAP from August 2022 to April 2025.
It noted that in March of this year alone, total of 12,566 traffic violations were documented, way beyond 9,500 average monthly traffic violations prior to NCAP’s suspension.
OSG said even though MMDA has implemented its single-ticketing system, it is, by itself, not enough to address Metro Manila’s worsening traffic situation, saying road congestion and vehicular accidents are “primarily caused by motorists’ blatant disregard of traffic rules and lack of road discipline.”
“MMDA cannot reasonably apprehend all these flagrant violations due to its limited personnel available for deployment to guarantee compliance with traffic regulations,” OSG argued, saying NCAP has been vital tool in the pursuit of instilling road discipline.
OSG also noted massive rehabilitation of EDSA this year, would divert vehicles to interior roads and alternate routes and would render limited deployment of MMDA traffic enforcers and deputized local officers “grossly inadequate” to manage anticipated surge in traffic.
“It is respectfully but firmly submitted that MMDA must be granted full authority to implement its road and traffic management programs most critically, its NCAP to effectively address worsening traffic congestion across Metro Manila’s thoroughfares and to safeguard welfare and safety of all road users,” motion read.
TRO against NCAP was issued on two petitions. First was filed by Kilusan sa Pagbabago ng Industriya ng Transportasyon Inc., Pangkalahatang Saggunian Manila and Suburbs Drivers Association Nationwide, Alliance of Transport Operators and Drivers Association of the Philippines and the Alliance of Concerned Transport Organizations.
Second petition was filed by lawyer Juman Paa, pleaded for TRO against NCAP being implemented in the city of Manila.
In issuing TRO, SC prohibited any apprehensions through NCAP programs and ordinances, and enjoined LTO and all parties from giving out motorist information to all LGUs, cities and municipalities enforcing NCAP programs and ordinances.
When first petition was filed, NCAP was being implemented in Metro Manila by local governments of Quezon City, Manila, Valenzuela, Muntinlupa and Parañaque, through their ordinances based on 2016 resolution of the MMDA, which ordered re-implementation of NCAP.
Petitioners argue that NCAP implementation is unconstitutional because it violates right to privacy of motorists, since anyone can access traffic violation records by merely using plate number of the vehicle.
They argue that NCAP provisions impose unreasonable conditions that include non-renewal of vehicle registration until fines are settled.
Petitioners said no law passed by Congress authorizes NCAP’s implementation, and that administrative regulations must not contradict existing laws or Constitution.
Motorists complained exorbitant fees were collected under NCAP, with bulk of fees going to private service provider, should have no role in enforcing laws and traffic rules. Motorists also cited inadequacy of traffic management infrastructure.
In statement, MMDA said lifting of TRO will enable agency to enhance traffic management on major roads, particularly in preparation for EDSA rehabilitation, begins on June 13 and is expected to worsen congestion.
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