MANILA, Philippines – On 06 December 2022 and 24 January 2023, the Supreme Court (SC) En Banc held oral arguments over petitions challenging the legality of the no-contact apprehension program (NCAP) or traffic violations in Metro Manila.

The said oral arguments stemmed from several petitions questioning the constitutionality of NCAP. It prompted the SC to issue a temporary restraining order which effectively stopped the implementation of the NCAP until the petitions are resolved.

During the oral arguments of 06 December, Ammogao Arugay & Co. (AAC) appeared as counsel for petitioners “Philippine National Taxi Operators Association” (PNTOA), an association consisting of several taxi operators, who have been affected by the stiff fines and alleged violation of the right to due process arising from the implementation of the questioned NCAP.

The Firm’s Managing Partner, Atty. Lorman T. Arugay, together with the counsels of other petitioners, counsels for the Metro Manila local government units (LGUs), the Metropolitan Manila Development Authority (MMDA), and Solicitor General Menardo Guevarra, participated in the debate over the constitutionality of the NCAP.

Among others, Atty. Arugay argued on the NCAP’s clear violation of the rule on presumption of innocence— where the burden of proof is shifted to the registered owner of the vehicle, rather than for the accuser (e.g. the LGUs) to prove the registered owner’s liability for a traffic violation.

“It would seem that the LGUs would have unlimited time in which to prosecute these violations. In fact, it is reported by our clients that they have received notices of violations more than six months from the alleged date of commission. This is a clear, obvious skirting away of the provisions of the Revised Penal Code,” Atty. Arugay stated during the 06 December oral arguments. The said petitions against the NCAP have now been submitted for resolution of the Supreme Court En Banc.