SURIGAO Del Norte Representative Robert Ace Barbers has urged the country’s concerned leaders to immediately suspend the “No Contact Apprehension Policy” (NCAP) implementation until all issues hounding it, including its Constitutionality, are resolved.

Barbers, chairman of the House Committee on Dangerous Drugs, said there is a need for a thorough review of the Memorandum of Agreement (MOA) signed between the Metro Manila Development Authority (MMDA), the Land Transportation Office (LTO), and at least four local government units (LGUs) in Metro Manila that are currently implementing the NCAP program.

“The mounting complaints against NCAP implementation necessitate the review of all contracts and MOAs to determine their constitutionality,” Barbers said.

On Tuesday, Barbers delivered a privilege speech denouncing and calling for an inquiry into the alleged malpractice in the NCAP implementation after receiving reports and complaints from motorists, particularly lowly motorbike drivers engaged in delivery services, who allegedly violated certain traffic laws and were penalized with huge fines without “due process” of law.

Under the NCAP system, the MMDA/LGUs concerned issue notices/citations and mail them directly to the vehicles’ registered owners. Non-payment of dues/fines for a specific period or seven days meant that violators’ vehicles won’t be accommodated for re-registration by the LTO.

Barbers said the NCAP implementation, it appears, “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.”

“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 traffic violations,” Barbers said.

“I learned from a friend that he got an NCAP hit, one from Parañaque 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 siyang ‘hostage’ sa isang traffic entrapment operation,” he added.

NCAP is 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, Parañaque and Valenzuela have also acquired/adopted NCAP technology in their localities.

“Do their respective CCTV [closed-circuit television] monitors don’t overlap with each other? What if one erring driver is caught on the MMDA NCAP and, say, at the same time with Quezon City NCAP? Will the driver be penalized twice for the same single offense?” Barbers asked.

“And what about the erring drivers of government-issued (red plate) vehicles? I understand that NCAP implementors are hastily imposing penalties against owners of vehicles involved in a traffic violation. Do these NCAP implementors have a way of billing penalties to the government agencies concerned?” he asked.

“If the MMDA would be the only forum where these erring drivers caught on NCAP CCTV monitors can file grievances, complaints, protests, then the agency would virtually become ‘the judge and the executioner’ of all traffic violation cases,” added Barbers.

The House solon said the public should also be informed on the details of the private technology/service providers, some security-related issues, accountability such as where are the penalties/fine or fees they collect goes, the basis of fines/fees being imposed, and what jobs are left for MMDA and local traffic enforcers, among others.

“Yes, we need a change in our traffic management system, and I’m fully in support of the intent of NCAP. And it won’t be long that some other LGUs in NCR and other major urban centers in the country would acquire/adopt that system. But this early, we need to suspend NCAP implementation and correct its flaws and loopholes so that there would be no or less complaints from motorists in the days to come,” he said.