The sharp rise in traffic violations, an uptick in road accidents and the impending rehabilitation of EDSA was cited by the Office of the Solicitor General (OSG) as the main reasons in its 13 May urgent motion that sought the lifting of the temporary restraining order (TRO) on the No Contact Apprehension Policy (NCAP).

This prompted the Supreme Court to partially lift the temporary restraining order Tuesday on the No Contact Apprehension Policy (NCAP), allowing the Metro Manila Development Authority (MMDA) to resume enforcement on major thoroughfares including EDSA and C5.

The OSG had warned that the continued suspension of NCAP, which began in August 2022, had significantly weakened traffic enforcement in the capital.

It pointed to over 833,000 violations captured by CCTV since the TRO took effect, with the MMDA recording 12,566 violations in March alone, exceeding pre-suspension monthly averages.

The OSG also cited a reported increase in fatal traffic accidents.

Furthermore, the OSG argued that the upcoming EDSA rehabilitation, scheduled to start in June, would cause significant traffic diversions and potential gridlock unless NCAP was reinstated.

While the Supreme Court’s resolution permits the MMDA to resume NCAP on major roads, the TRO remains in effect for its implementation by local government units.

The original TRO was issued in 2022 following concerns raised by transport groups and a private lawyer about the policy’s constitutionality, alleging penalties were imposed without due process and lacked a clear legal basis from Congress. The SC has yet to rule on the merits of the case.

Solicitor General Menardo Guevarra said NCAP would also be implemented on other major Metro Manila roads, including Katipunan Avenue, Marcos Highway, Roxas Boulevard, Commonwealth Avenue, Quezon Avenue, West Avenue, E. Rodriguez Avenue and Buendia.

He cited that lifting the TRO would promote traffic discipline, improve traffic management and reduce vehicular accidents.

Meantime, the MMDA announced that it would begin re-implementing NCAP by 26 May and its chair Atty. Don Artes said the agency would first inform the public about the reinstatement and its guidelines.

He added that the new guidelines address previous concerns, potentially leading to the partial lifting of the TRO. These include a single ticketing scheme with standardized penalty rates and an email system for contesting violations.