Metro transport groups eye refund of P100M in fines collected by MMDA

Public transport groups are considering asking the Metropolitan Manila Development Authority (MMDA) to refund at least P100 million worth of fines it collected from motorists through its no physical contact policy (NPCP), which was declared illegal by the Court of Appeals.

This was after the MMDA withdrew a petition it filed with the Supreme Court which sought to overturn the appellate court’s decision.

Previously known as the noncontact traffic apprehension program, the policy was first approved by then MMDA Chairman Bayani Fernando in 2002 and the Metro Manila Council, the MMDA’s policy-making body made up of Metro Manila mayors, in 2009.

Under the NPCP, digital and closed circuit television cameras were used to record the violations committed by motorists. Notices were then sent to the violators, which contained the following: the time, date and place where the alleged traffic violation was committed, the corresponding fine and a still photo taken from the video showing the driver in the act of violating traffic rules.

Violators were given a week to pay the fine and a second notice should they fail to do so. If they continued to ignore the notice, their names were placed on the alarm list of the Land Transportation Office.

Several transport groups, however, questioned the original order signed by Fernando before the Makati Regional Trial Court and said that he alone did not represent the MMC.

The lower court ruled in the transport groups’ favor and said the policy was null and void—a decision upheld by the appellate court in 2008 while the policy was already in effect.

According to the appellate court, the NPCP violated due process because it penalized motorists without giving them a chance to air their side first.

Fernando then elevated the case to the high court but his successor, incumbent MMDA Chairman Francis Tolentino, withdrew the petition.

“We are thankful to … Tolentino. This proves that he can be firm but fair at the same time. Realizing perhaps that what the former administration did was illegal, he opted to withdraw MMDA’s appeal,” Metro Manila Bus Operators president Juliet de Jesus said in a statement.

The Inquirer tried but failed to reach Tolentino for comment.