SC asks 4 LGUs, LTO to petition vs NCAP

August 16, 2022 Hector Lawas 342 views

THE Supreme Court on Tuesday asked four Metro Manila local government units, and the Land Transportation Office (LTO), to answer a petition filed by several transport groups questioning the legality of the no-contact apprehension policy (NCAP).

In a resolution, the high court gave the cities of Manila, Quezon, Valenzuela, and Parañaque, including the LTO, to file their comments within a non-extendible period of 10 days upon receipt of the order.

“The Court has required the respondents to file their respective comments to the said petition and application for TRO within a non-extendible period of 10 days from receipt of the written notice from the Court,” SC Public Information Office chief Brian Keith Hosaka said in a message.

The petition was filed at the SC by the Kilusan sa Pagbabago ng Industriya ng Tranportasyon, Inc., Pasang Masda, Alliance of Transport Operators and Drivers Association of the Philippines (ALTODAP), and Alliance of Concerned Transport Organization (ACTO).

The petitioners, led by its counsel Atty. Vigor Mendoza, pointed out that the LGUs ordinances implementing the policy has no basis in law.

“To date, there is no statute passed by Congress, which establishes or implements a No Contact Apprehension, or adds and expands the coverage of persons, other than the offending driver, who are liable for committing traffic violations,” the petition read.

“In fact, under Article 7 of the New Civil Code, administrative or executive acts, orders, or regulations shall be valid only when they are not contrary to the laws or the Constitution,” it added.

The petitioners have sought the issuance of a temporary restraining order (TRO) pending adjudication by the high court on the petition.