Review legality of LGUs’ no-contact apprehension policy implemented thru PPPs — Salceda

Published August 15, 2022, 2:54 PM

by Raymund Antonio

Albay 2nd District Rep. Joey Salceda raised concern over the use of Public – Private Partnerships (PPPs) in implementing the controversial No-Contact Apprehension Program (NCAP) by several local government units (LGUs), particularly Metro Manila.

Local officials lead the unveiling and inspection of the “No Contact Traffic Apprehension Program” of the City of Manila in Quirino Avenue, Manila. (ALI VICOY / MANILA BULLETIN)

While he didn’t necessarily say if the LGUs may face liabilities due to the use of PPPs in NCAP implementation, Salceda pointed out that the Department of Interior and Local Government (DILG), the Metro Manila Development Authority (MMDA), and the PPP Center must review the NCAP implementation and the PPP agreements the LGUs have entered into.

“As I’ve pointed out last weekend, there appears to be inconsistencies with the rules of taxation, the local government code, PPP rules, and DILG guidelines,” he said in a statement on Monday, Aug. 15.

“I would also suggest that, as always, there be extensive stakeholder consultations among LGUs that will consider implementing NCAP. As is, the rule will disproportionately punish transport workers, who cannot avoid being on the road,” the lawmaker added.

Salceda earlier explained that only the payment system can be subjected to PPP, but not the “very act of apprehending potential violators.”

The House Ways and Means chair also said the LGUs can buy or rent technology from the private sector.

“Apprehending traffic violations is the exercise of the police power of the State. That is originally a legislative power, delegated to the executive branch for implementation. But it cannot be delegated further to private companies,” he said further in a media statement issued over the weekend.

READ: Transpo groups seeks SC help in declaring NCAP invalid

The lawmaker raised these concerns as Metro Manila mayors made public statements standing behind their decision to implement the NCAP.

Some local chief executives argued for the continuation of the no-contact apprehension scheme in their respective localities even as the Land Transportation Office (LTO) called for its suspension because of complaints from public utility vehicle operators who were forced to pay fines.

The NCAP, currently being implemented by several LGUs, uses closed-circuit television (CCTV) cameras, among other technologies, to detect traffic violations.

READ: LTO seeks suspension, corrective measures in NCAP implementation

The program aims to limit human interventions and stop corruption in the apprehension of motorists who break traffic rules.