Traffic builds up along Commonwealth Avenue in Quezon City hours before the 2nd State of the Nation of Address of President Ferdinand Marcos Jr. Alec Corpuz, ABS-CBN News/file MANILA – 1-Rider Party-list Rep. Rodge Gutierrez on Tuesday, May 27, filed a resolution calling for an inquiry into the Metropolitan Manila Development Authority's (MMDA) No Contact Apprehension Policy (NCAP) due to "unresolved" issues. 

The lawmaker filed House Resolution No. 2293, urging the House Committee on Transportation to look into the preparedness of the MMDA to implement the policy.  

Hundreds of violations on first day of no-contact apprehension's return

Last week, the Supreme Court partially lifted the temporary restraining order on the NCAP of the MMDA, covering major thoroughfares in the agency's resolution.  

Gutierrez cited concerns raised during the House panel hearings in 2022, before the high court issued a TRO on the policy.  

"Kung maalala po natin, marami po tayong questions sa implementation, issues po of fairness and due process. Kung maalala po natin, yung mga concerns po natin ay yung unclear lane markings and conflicting road signs, yung delay po ng pag-transmit ng notice of violation, and of course, yung patong-patong na penalties. So, ito po yung mga original concerns natin ng 2022," he told reporters.  

The lawmaker said they filed the resolution following the high court's partial lifting of the TRO resulting in NCAP's reimplementation.  

"Last week when we heard the news na lifted yung TRO, hinintay po namin for comment from the MMDA kung ano yung changes, kung may pagkakaiba po ba talaga since the TRO lifted. But it would appear that we don't have a copy yet of the Supreme Court lifting," Gutierrez said.  

"Pero yung pag-lift po ng TRO is not so much in relation to any remedies that were done, but more on the appeal of the MMDA that it will be required for EDSA rehabilitation. So sa amin po, kung nakita po natin wala pa rin pong pagbabago sa implementation, so we pick up where we left off. Ituloy po natin yung ating inquiry," he added.  

SC partially lifts TRO on No Contact Apprehension Policy

The lawmaker also cited "exceptional circumstances" like if roads have potholes, motorists have no choice but to cross the solid line on the road. 

Gutierrez clarified that they are not against NCAP, but they want to iron out the reported issues in implementation.  

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"This is not to say naman po na yung NCAP is a bad thing. We laud it. Maganda naman po 'yung layunin ng NCAP. Ang problema naman po talaga 'yung implementation. At dahil wala pa rin po, at least sa nakikita po namin, walang pagbabago 'yung implementation ng NCAP according to the MMDA, we think na dapat makita po natin sa hearing po siguro kung ano po yung status nun," he said.  

"At 'pag nakita naman natin that if the MMDA is able to prove na okay naman po 'yung implementation, it will respect due process and the rights of the motorist, then wala naman problema yun," the lawmaker added. 

CALLS FOR DELAYED IMPLEMENTATION 

Gutierrez said they are also calling to delay the implementation for six months.  

"Kung may 6 months at least for them to catch up na yung ownership matransfer na, yung mga plaka, ma-inform na rin po yung ating motorista to get them together. And at least 6 months na rin na siguro ayusin for them to get reports of anong lane markings yung constantly na naging problema. That should be sufficient time. But still, it depends. That's why we're also filing for this hearing para marinig rin po yung ano yung reasoning rin po ng MMDA," he said.  

Gutierrez is hopeful the inquiry will take place after Congress resumes session on June 2. But if not, he said they will refile the resolution in the 20th Congress.  

The lawmaker said he was able to hold a consultation with riders and Land Transportation Office Chief Assistant Secretary Vigor Mendoza. 

"Our initial talks would seem to indicate na I think magkakaproblema po talagang implementation. Kasi po, if you recall, this is really tightly related hand-in-hand dito po sa IRR natin on the Motorcycle Crime Prevention Act and of course yung memo that they were going to issue in relation to transfer of ownership," Gutierrez said.  

"Kapag may violation yung isang motorista, pero yung nakapangalan na owner ay already second-hand, third-hand, or in the case of mga open deed of sale, hindi po, of course, yung delivery address will be different. Hindi po napupunta sa talagang naglabag. Unfairly, napapatungan ng penalties, yung registered owner," he explained. 

MMDA began the reimplementation of NCAP on Monday and has already recorded hundreds of traffic violations.

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