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Transpo groups file TRO petition vs NCAP

August 15, 2022 Jun I. Legaspi 444 views

FOUR big transport groups have filed a petition for certiorari and prohibition with the urgent application for a temporary restraining order (TRO) against the no-contact apprehension policy (NCAP) implemented by different local government units (LGUs) and the Land Transportation Office (LTO).

The petition was filed at the Supreme Court (SC) by 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).

Named respondents in the petition are the local government of Valenzuela, Manila, Quezon City, Muntinlupa, and LTO.

The petitioners, led by its counsel Atty. Vigor Mendoza “Mr. Transportasyon” cited ordinances issued by the LGUs implementing the no contact apprehension program, which they argued has “no clear basis”.

“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,” cited in the petition.

“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,” they added.

The petitioners also stressed that the Supreme Court has proper jurisdiction over the issue.

They explained that the questions raised in the petition involve essentially a question of law concerning the legality of the various city ordinances enacted by the cities and municipalities in Metro Manila.

Earlier, various transport groups nationwide have urged the LGUs to suspend the implementation of (NCAP) temporarily, and several House solons have also sought the temporary suspension of the implementation of NCAP.