Muntinlupa Mayor Ruffy Biazon said the city government will abide by the order of the Supreme Court, which issued a temporary restraining order (TRO) against the implementation of the No-Contact Apprehension Policy (NCAP) on Tuesday, Aug. 30.
“Supreme Court decisions and orders deserve nothing but respect and obedience, although in Muntinlupa, we had already restrained ourselves even before the controversy was raised. Nevertheless, we will abide by the SC ruling,” said Biazon.
In October last year, the Muntinlupa City Council passed Ordinance 2021-280 “implementing the no contact apprehension program (NCAP) of the City of Muntinlupa and for other purposes.”
However, the ordinance has not been implemented in the city, Biazon had previously said.
Transport groups filed a petition with the Supreme Court against the local governments of Quezon City, Manila, Muntinlupa, Paranaque and Valenzuela, and the Land Transportation Office (LTO) to stop the implementation of NCAP, saying it is unconstitutional.
In its decision, the Supreme Court issued a TRO “effective immediately and continuing until further orders from this Court, enjoining respondents City of Manila, Quezon City, Valenzuela City, Parañaque City, Muntinlupa City, and the Land Transportation Office (LTO) and all parties acting for and on their behalf from implementing MMDA Resolution No. 16-01, s. 2016 and all ordinances subject of these Petitions.”
“Any apprehension, imposition and/or collection of a fine through the No Physical Contact Apprehension Policy and ordinances related thereto shall be prohibited until further orders from this Court,” it added.
The NCAP ordinances passed by local government units (LGUs) in Metro Manila were based on the Metropolitan Manila Development Authority Resolution 16-01, approved by mayors on Feb. 16, 2016, which “re-implements the No Physical Contact Apprehension of Traffic Violators through the Use of CCTV, Digital Camera and/or New Technologies Used in Capturing Images.”
Under Muntinlupa’s ordinance, NCAP “pertains to the sending of a notice of violation to the address of the registered owner of a vehicle based on the Land Transportation Office (LTO) database who commits the violations defined in this Ordinance as recorded by TECs without the physical apprehension by a traffic enforcer.”
It mandates that “the City Government on its own or through a Joint Venture or Service Agreement shall cause the installation of Traffic Enforcement Cameras (TECs) in intersections and motorways within the City. The TECs are electric devices that automatically take high speed, high resolution photos and videos of vehicle committing the violations defined in this chapter.”
The traffic violations covered by NCAP in the Muntinlupa ordinance are counterflow driving, disobedience to traffic control signals and signs, obstruction of the pedestrian lane, stopping on a yellow box, overspeeding, reckless driving, failure to wear the prescribed seatbelt device, failure to use motorcycle helmets, anti-distracted driving, driving an unregistered vehicle, failure to attach or improper attachment/tampering of authorized vehicle license plate and/or third plate sticker and disregarding lane markings.
If implemented, the ordinance will fine violators P3,000 for the first offense, P4,000 for the second, and P5,000 for the third.