Surigao del Norte Rep. Robert Ace Barbers on Tuesday called for the immediate suspension of the no-contact apprehension policy (NCAP) until all issues hounding it, including questions on its constitutionality, have been resolved.
The Metropolitan Manila Development Authority (MMDA) welcomed a congressional inquiry on the NCAP which has drawn mounting complaints from motorists in Metro Manila.
Meanwhile, discussions are ongoing between Quezon City government and the Land Transportation Office (LTO) to resolve issues surrounding the NCAP system.
Barbers, chair of the House Committee on Dangerous Drugs, cited the need for a thorough review of the memorandum of agreement (MOA) signed among the MMDA, the LTO, and at least four local government units in Metro Manila that are currently implementing the NCAP policy.
“The mounting complaints against NCAP’s implementation necessitate the review of all contracts and MOAs to determine their constitutionality,” Barbers said.
On Tuesday, Barbers delivered a privilege speech calling for an inquiry into the alleged irregularities in the NCAP implementation amid reports and complaints from motorists, particularly motorbike drivers engaged in delivery services, who allegedly violated certain traffic laws and penalized with heavy fines without due process of law.
Under the NCAP system, the MMDA and LGUs concerned issues notices or citations, then mail them directly to the vehicles’ registered owners. Non-payment of dues or fines within seven days would mean that the violators’ vehicles would not be eligible for renewal of registration by the LTO.
Barbers said the NCAP implementation gave rise to more questions than answers. “It took a life of its own and became a problem by itself, an additional burden and could become a source of corruption, institutionalized by the state,” Barbers said.
“This NCAP system is laudable since the intent is to discipline erring, abusive, or wayward drivers. But the implementors, I was told, are imposing excessive fines and could be violating the Constitution since there is no due process of law.
And there is no law, ordinance or regulation prohibiting vehicle registration due to non-payment of fines for trafficviolations,” Barbers said.
“I learned from a friend that he got an NCAP “hit”, one from Paranaque and four in Manila, and was forced to pay more than P14,000 because his vehicle won’t be re-registered by the LTO until he settles all the fines due him. He has receipts to prove it. Para syang hostage sa isang traffic entrapment operation,” he added.
NCAP was supposed to be implemented by the MMDA, in coordination with the LTO, in all major urban thoroughfares in the region, but some LGUs, like Manila, Quezon City, Paranaque and Valenzuela have adopted their own NCAP setups.
The LTO also appealed to local chief executives to temporarily suspend and review the NCAP to clarify the guidelines of the traffic policy.
The LTO is receiving numerous complaints from public utility vehicle operators about being charged excessive fines for the traffic violations of their drivers.
In a statement, the MMDA said it welcomes the call for legislative investigation on its NCAP which have been in place since 2016 and will definitely cooperate with other branches of government and agencies to ensure a more efficient and orderly implementation of the said policy.”
“The MMDA respects the autonomy of all local government units in crafting and implementing their own traffic regulations,” it added.
NCAP was one of the programs agreed upon by the MMDA and the 17 mayors in Metro Manila aimed to go after abusive and erring motorists, and to further improve the flow of traffic in the metropolis.
The agreement was made during the 12th regular meeting of the MMDA and the Metro Manila mayors composing the Metro Manila Council, the agency’s governing board and policy-making body, in 2018.
The other traffic measures approved were the establishment of non-exclusive motorcycle lanes along Marcos Highway from Katipunan Avenue to Sumulong Highway and vice versa; Roxas Boulevard (from NAIA/MIA Road to Anda Circle and vice versa, and Elliptical Road to Quiapo (Quezon Avenue, Espana, Lerma, and Quezon Boulevard and vice versa.
The mayors also agreed with the amendment of the uniform light truck ban policy that prohibits cargo trucks with a gross capacity weight of 4,500 kilograms and below on Epifanio de los Santos Avenue and Shaw Boulevard at certain hours of the day.
The MMDA maintained however, that NCAP has been effective in ferreting out illegally parked vehicles and other traffic violations with the help of closed circuit television cameras, digital cameras and other handheld devices.
“We are also in discussions with other local government units that have a similar program with regards to uniform penalties under the NCAP,” its statement read.
“As part of our 14-point agenda, we continue to listen to the sentiments and concerns of QCitizens, and their voices are being heard and taken into consideration as we fine-tune NCAP,” it stated.
“Given the ongoing discussions, the NCAP is not suspended in Quezon City as of this writing,” the Quezon City government said.
“We wish to stress that motorists need not worry about the unfair imposition of penalties since the Quezon City NCAP ordinance provides for an adjudication board where violations captured on video can be contested or questioned. In such cases, if complaints are found to be justified, penalties are lifted,” it said.