The Supreme Court (SC) on Tuesday has partially lifted the temporary restraining order (TRO) against the implementation of the ‘No Contact Apprehension Program’ (NCAP).
In its session, the SC En Banc granted the urgent motion filed by the Office of the Solicitor General (OSG) on behalf of the Metropolitan Development Authority (MMDA).
The High Tribunal issued the TRO on August 30, 2022 enjoining the MMDA from implementing MMDA Resolution No. 16-01 or the NCAP.
Kilusan sa Pagbabago ng Industriya ng Transportasyon and others seek to declare as unconstitutional several ordinances by local governments in Metro Manila implementing the NCAP.
For its part, the MMDA welcomed the action of the SC noting it is “expected to strengthen the agency’s traffic management along EDSA and other major thoroughfares.”
Last week, the MMDA submitted a Motion for Reconsideration to the high court, through the OSG, to lift the TRO so it can more effectively address traffic congestion on Metro Manila’s major thoroughfares and safeguard the welfare and safety of all road users.
“With the announced scheduled massive rehabilitation of EDSA, which is set to commence on June 13, the MMDA expects heavier traffic,” the agency said.
The reinstatement of NCAP is expected to strengthen the agency’s traffic management along EDSA and other major thoroughfares, utilizing closed-circuit television (CCTV) cameras, digital cameras, and other technology to capture videos and images of traffic violators, record traffic violations, and issue citations.
“As the implementation of NCAP resumes, we hope to instill road discipline among motorists,” the MMDA said.
“Rest assured that the single ticketing system and new NCAP guidelines have addressed concerns raised in the petition,” it added.
MMDA chairman Romando Artes explained his agency really needs this surveillance technology such as CCTVs to monitor and implement traffic rules and regulations on Metro Manila roads.
With NCAP, the MMDA and the local government units can enforce traffic rules using traffic management technology, including advanced camera systems powered by computer vision artificial intelligence.
At the House of Representatives, outgoing Albay Rep. Joey Salceda said he respects the Supreme Court’s decision lifting the NCAP of local governments and the MMDA.
Salceda has long opposed the implementation of the NCAP in its previous form, particularly when it was applied without adequate due process protections.
In previous statements, he emphasized that “any enforcement policy must include a clear right to appeal, especially when operated through private entities.”
Salceda warned that automated traffic enforcement, without proper signage or redress, risks violating constitutional rights and undermines public trust.
In light of the SC ruling, the senior administration lawmaker was quick to say that before its enforcement, four critical safeguards must be in place:
- a clear and accessible appeals mechanism—just like in the United States, where NCAP-type violations can be contested before a traffic judge;
- proper road signages and uniform traffic rules across Metro Manila—many roads still suffer from inconsistent or hidden signs;
- assurances that NCAP will not penalize pedestrians unfairly, especially in areas without safe and protected crossings; and
- crucially, guidelines from the Department of the Interior and Local Government (DILG) and the Public-Private Partnership (PPP) Center to ensure that NCAP implementations—especially those outsourced to private companies through PPPs—do not violate commuter rights or due process.
Salceda said while he supports high-tech traffic enforcement, law enforcers must never allow a system where drivers and commuters are penalized without recourse, transparency, or fairness.
“Technology must uphold the Constitution—not bypass it. NCAP must be a tool for justice, not just revenue,” the lawmaker emphasized.
Editor’s Note: This is an updated story. Originally posted with the headline “‘No contact apprehension policy’ back as SC lifts TRO.”