Transport groups questions NCAP reimplementation amid pending Motion for Reconsideration
At least three major transport groups are questioning the decision of some local government units in Metro Manila to implement the Non-Contact Apprehension Policy (NCAP) as they stressed that there is a pending Motion for Reconsideration for its reimplementation.
For transport leaders Boy Vargas of ALTODAP, Obet Martin of Pasang Masda and Liberty De Luna of ACTO, the local government units of Manila, Quezon City, Valenzuela, Parañaque, Muntinlupa, and San Juan should wait for final decision of the Supreme Court on the legality of NCAP implementation.
It was the three transport groups, along with two others, which challenged the NCAP implementation in 2022, saying it is in violation of the existing statutes, which do not establish, authorize and even mention any no-contact apprehension.
The groups also argued that the NCAP implementation violates due process and there are provisions being imposed under the policy that are unreasonable, especially for public utility vehicle operators.
While the Supreme Court already dismissed their petition in June this year, the three transport leaders said NCAP should not be implemented since the Motion for Reconsideration they filed on August 5 is part of the legal process.
“HIndi po ako abogado subalit ang pagkakaintindi ko ng batas ay hindi muna ipinapatupad ito dahil mayroon pang apela ang aming grupo tungkol sa usaping ito,” said Vargas.
“Susunod naman po kami, tiyak po yun. Pero hindi naman siguro malaking kawalan sa mga LGUs na magpapatupad nito na ipagpaliban muna habang wala pang pinal na desisyon ang Korte Suprema,” he added.
For Martin, he said he immediately consulted their lawyer when he heard about the decision of some LGUs to reimplement the NCAP.
“Ang paliwanag po sa atin ay wala naman pong nakasaad sa desisyon ng Korte Suprema na final and executory na ang dismissal ng aming petisyon. Meron po pa kaming karapatan para sa Motion for Reconsideration at kami po ay sumususnod sa batas tungkol dito,” he said.
Based on the Supreme Court’s own press briefer on the NCAP decision, it stated that the dismissal of the petitions does not constitute a ruling that the challenged NCAP issuances are valid:
“Our dismissal of the Petitions is confined to the determination that petitioners failed to overcome threshold issues, and that the supervening adoption of a uniform regulatory framework has rendered the Petitions moot,” the SC decision on NCAP read.
“There is no explicit determination regarding the prior issuances, nor a resolution of grievances based on specific facts,” it added.
Manila, Quezon City, Valenzuela, Parañaque, Muntinlupa, and San Juan are set to resume NCAP on October 5. The system uses CCTV cameras, digital cameras, and other technologies to document traffic violations without requiring traffic enforcers to stop motorists.
The resumption follows the Supreme Court’s decision that dismissed consolidated petitions challenging NCAP ordinances in Manila, Quezon City, Valenzuela, Parañaque and Muntinlupa.
The decision, made public on July 9, also lifted the remaining temporary restraining order against the local ordinances.
De Luna, for her part, appealed to the five LGUs to reconsider their decision until such time that the Supreme Court comes up with the final decision on the NCAP.
“Ang aming pong hanay na taus-pusong umaapela sa mga mayor ng limang LGUs na bigyan po sana ng pagkakataon na magkaroon ng pinal na desisyon ng Korte. Nakahanda po kaming sumunod sa kung sabihin ng Korte Suprema na dapat ng ipatupad ito,” said De Luna,
“Pero dahil wala pa naman desisyon na ganito, nakikiusap po ang aming hanay ng respeto sa proseso, at respeto din po sa hanay ng pampublikong transportasyon,” she added. #
