No-contact apprehension takes effect along major roads after SC lifts TRO
Supreme Court (File photo)
MANILA, Philippines — The Supreme Court (SC) has partially lifted the restraining order it issued against the implementation of the no-contact apprehension program (NCAP) of the Metro Manila Development Authority (MMDA).
However, the restraining orders for local government unit ordinances on NCAP stays, SC Spokesperson Atty. Camille Sue Mae Ting said in a press conference.
“The Supreme Court (SC) granted the Urgent Motion filed by the Office of the Solicitor General on behalf of the Metropolitan Development Authority (MMDA), partially lifting the temporary restraining order (TRO) issued last August 30, 2022 insofar as it enjoined the MMDA from implementing MMDA Resolution 16-01, or its NCAP,” Ting told reporters.
She said the NCAP implementation will be effective immediately.
With the lifting of the restraining order, areas covered by the NCAP enforcement include EDSA, C5, Katipunan, Marcos Highway, Roxas Boulevard, Commonwealth Avenue, Quezon Avenue, West Avenue, E. Rodriguez Avenue and Buendia Avenue, among others.
The Urgent Motion filed by the MMDA through the Office of the Solicitor General (OSG) sought the lifting of the restraining order.
It asked the high tribunal to allow the MMDA to fully implement its road and traffic management programs to ease the severe traffic congestion along major thoroughfares and protect the road users.
The OSG, through Solicitor General Menardo Guevarra, explained that the MMDA needs to harmonize the existing national and local traffic enforcement laws following the approval of the Single Ticketing System.
However, with the restraining order issued in 2022, pilot testing became limited to physical or contact apprehensions only.
“While the MMDA’s Single Ticketing System marks a major step toward uniform traffic enforcement, it is not by itself, sufficient to address Metro Manila’s worsening traffic situation,” Guevarra said.
MMDA records showed that since the issuance of the restraining order, there have been 833,097 traffic violations up to end of April 2025.
In March alone, there were 12,566 traffic violations documented.
This record is well above the 9,500 average monthly traffic violations recorded prior to NCAP’s suspension.
“The MMDA cannot reasonably apprehend all these flagrant violations due to its limited personnel available for deployment to guarantee compliance with traffic regulations,” the OSG said.
The restraining order was issued on August 30, 2022 after several petitions were filed assailing its constitutionality.
Petitioners include Kilusan sa Pagbabago ng Industriya ng Transportasyon Inc. (KAPIT), Pangkalahatang Sangguniang Manila and Suburbs Drivers Association Nationwide (Pasang-Masda), Alliance of Transport Operators and Drivers Association of the Philippines (ALTODAP), Alliance of Concerned Transport Organization (ACTO) and Lawyer Juman Paa.
Paa filed a petition before the SC after he was forced to pay huge fines in Manila for four traffic violations relating to NCAP including obstruction of the pedestrian lane.
He was required to pay fines before he was allowed to register his vehicle.
Meanwhile, the transport groups said the NCAP had no legal basis under the MMDA charter and Republic Act 4136 or Land Transportation and Traffic Act.
But Guevarra, in his motion to the SC, stated, “the right to use vehicles on public roads is a privilege.”
“That privilege comes not only with a duty to ensure the safety of pedestrians and travelers, but also with our collective obligation to ensure that our roads continue to serve the ends of our national economy and benefit every one of us,” the solicitor general explained.
“Our concerned national regulatory agencies and local governments have joined hands to ensure this privilege is not abused,” he stressed.
“Through the NCAP, they have established a mechanism to manage traffic and hold accountable those who abuse their privilege to use our roads,” he told the justices.