The Supreme Court (SC) has lifted the temporary restraining order (TRO) on the No Contact Apprehension Policy (NCAP) of the Metro Manila Development Authority (MMDA).

“In the case of KAPIT et al v. City of Manila, the Supreme Court granted the urgent motion filed by the Office of the Solicitor General on behalf of the MMDA, partially lifting the TRO issued last August 30 2022. Insofar as enjoined the MMDA from implementing MMDA Resolution No. 16-01 or its No Contact Apprehension Program,” SC Spokesperson Atty. Camille Sue Mae Ting said in a press conference on Tuesday.

“The TRO covers the MMDA Resolution and the local city ordinances. So the TRO here is only lifted with respect to the MMDA, but it still remains with respect to the LGU ordinances,” she explained.

“It can only be implemented by the MMDA in major thoroughfares, kasi ‘yung MMDA resolution only refers to major thoroughfares, especially C5 and EDSA. So it will not cover places covered by the local ordinances such as local streets,” Ting added.

The SC Spokesperson said the order is effective immediately.

The decision clarified that the partial lifting does not include the implementation of local government units and the fines.

“It’s lifted for now. If they [Supreme Court] decide with finality, it’s either the TRO is lifted all the way or it’s yeah. Or the decision is whether NCAP is gonna be implemented or not,” she said.

“Partial lifting so it does not say how long. It depends on what the court will say. Until the court says that the TRO is imposed again then it’s lifted,” Ting added.

The high court has yet to decide on the merits of the petition.

In August 2022, the high court issued a TRO on NCAP implementation after transport groups challenged ordinances of Manila, Quezon City, Valenzuela, Parañaque City and Muntinlupa City issued between 2016 and 2021.

They said the program has no legal basis under the MMDA Charter and Land Transportation and Traffic Act.

A separate petition against Manila’s NCAP was filed by a lawyer who was fined P20,000 for alleged violations.

Both petitions alleged NCAP prevented supposed traffic violators from contesting the violation and penalized the registered vehicle owners.

The Office of the Solicitor General filed a motion that called on the lifting of the restraining order.

It said the use of vehicles in public roads is “nothing more than a privilege” but can be subject to regulation.

In a statement, the MMDA said it welcomed the SC’s lifting of the TRO.

The MMDA mentioned the upcoming EDSA rehabilitation in mid-June and the expected heavy traffic.

“The reinstatement of NCAP is expected to strengthen the agency’s traffic management along EDSA and other major thoroughfares, utilizing closed-circuit television cameras, digital cameras, and other technology to capture videos and images of traffic violators, record traffic violations, and issue citations,” it said.

“As the implementation of NCAP resumes, we hope to instill road discipline among motorists. Rest assured that the single ticketing system and new NCAP guidelines have addressed concerns raised in the petition,” the MMDA added.

The court said the basis was the urgent motion filed by the MMDA through the Office of the Solicitor General last May 8.