SC urged to reconsider NCAP ruling over privacy, due process concerns

A lawyer has asked the Supreme Court to reverse its decision allowing the partial resumption of the Metropolitan Manila Development Authority’s (MMDA) No Contact Apprehension Program (NCAP), citing violations of constitutional rights.

In a motion for reconsideration filed Friday, Atty. Juman Paa argued that the Court’s May 20, 2025 resolution lifting the temporary restraining order (TRO) on NCAP along major roads—such as EDSA and Roxas Boulevard—failed to address key issues on due process and data privacy.

Paa said the NCAP automatically holds vehicle owners liable for traffic violations detected by CCTV, requiring them either to pay the fine or prove their innocence by identifying the actual driver. He described this rule as a form of “involuntary servitude.”

“The Registered Owner Rule applies only to civil liability, not traffic fines. This shifts the burden of proof unlawfully,” he said, citing previous Supreme Court rulings.

He also raised concerns over the MMDA’s access to the Land Transportation Office (LTO) database, warning that processing motorists’ personal data without consent violates the Data Privacy Act.

Paa further claimed that the MMDA failed to put in place proper safeguards in its use of AI-enhanced CCTVs. He said the agency did not submit crucial documents such as a Data Sharing Agreement with the LTO and proof of compliance with international traffic signage standards.

He also questioned the legality of the program’s reach, noting that 9 of the 22 roads under NCAP are in Manila, which is still covered by a separate TRO against the city’s own no-contact policy.

The MMDA earlier justified the program’s reinstatement by citing worsening congestion and ongoing rehabilitation works on EDSA. But Paa dismissed this reasoning as a pretext, alleging the agency had prepared to relaunch the NCAP before getting the Court’s clearance.