The High Court stopped the implementation of the NCAP temporarily on August 30, 2022, then conducted oral arguments last Dec. 6, pending resolution of the case. READ:
The High Court stopped the implementation of the NCAP temporarily on August 30, 2022, then conducted oral arguments last Dec. 6, pending resolution of the case.
In their petition, the transport groups told the SC that the ordinances of the LGUs are violation of the existing statutes, which do not establish, authorize and even mention any no-contact apprehension. Acting on the petition last Aug. 16, the SC directed to LTO and the five cities to comment both on the petition and the plea for a temporary restraining order .
At the same time, he said most NCAPs in the National Capital Region are also operated by a private firm through a profit-sharing agreement. “This fact attenuates and weakens petitioners’ claim of violation of their right to privacy,” Guevarra said. He said there was no basis on the claim that the LTO law, Republic Act No. 4136, allows only face-to-face apprehension of traffic violators and that traffic violations are liability of the erring drivers and not the registered owners.
Guevarra also noted that the power of local government units to promulgate ordinances to address traffic concerns “is beyond dispute” and “subject only to the requirement that it does not violate any national law and policy.”
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