OSG appeals TRO lifting on NCAP

The Office of the Solicitor General (OSG) has appealed to the Supreme Court (SC) to lift a temporary restraining order on the implementation of the No-contact Apprehension Program (NCAP) in Metro Manila.

The OSG said the number of traffic violations has increased significantly since the NCAP was suspended and that the program is an effective deterrent against such violations. The government also cited an increase in accidents during the same period.

In its reply to the memorandum submitted by the petitioners, the Land Transportation Office (LTO) through Solicitor General Menardo Guevarra told the Court that the number of traffic violations have gone up to close to 257,000 as recorded by the Metropolitan Manila Development Authority (MMDA) since the Court’s issuance of the TRO on 30 August 2022.

The OSG noted in May 2023 alone, a total of 32,000 traffic violations were recorded, which was almost four times higher compared to the 9,500 average traffic violations per month reported before the NCAP was suspended in August 2022.

The suspension came after several transport groups questioned its constitutionality and the groups argued that the program violates motorists’ rights to due process and privacy, and that it is not authorized by law.

The OSG, however, said that the government has taken steps to address these concerns, including the adoption of a single-ticketing system and the Metro Manila Traffic Code of 2023.

“The MMDA and the various local government unit could not reasonably apprehend all these flagrant offenders because of its limited personnel,” Guevarra said.