The Office of the Solicitor General (OSG) on Tuesday urged the Supreme Court to right away raise the non permanent restraining order towards the no-contact apprehension coverage (NCAP) being applied by a number of native authorities models in Metro Manila.
Solicitor General Menardo Guevarra made the attraction earlier than the en banc as he argued for the state through the oral arguments on the three petitions questioning the legality of the NCAP.
According to Guevarra, the petitions are “ruefully inadequate” to invoke the High Court’s energy of judicial assessment, saying they haven’t any locus standi which is a requirement that’s “not to be lightly trifled with.”
“Locus standi demands that those who petition relief from this Court establish not only a right but also a clear actual or threatened injury arising from the violation of such right,” the solicitor-general mentioned.
In August, the SC issued a TRO on the implementation of the coverage after transport teams Kapit, Pasang Masda, Altodap, and the Alliance of Concerned Transport Organizations lodged a petition towards native ordinances associated to the NCAP in 5 Metro Manila cities: Manila, Quezon City, Valenzuela, Muntinlupa, and Parañaque.
Lawyer Juman Paa additionally requested the excessive courtroom to declare the NCAP unconstitutional and concern a TRO towards Manila City Ordinance No. 8676, which covers the coverage.
Guevarra mentioned the transport teams didn’t allege precise or threatened damage whereas Paa’s claims arose from his personal violation of visitors guidelines.
“Petitioners’ lack of locus standi cannot be cured by an erroneous invocation of the rule on third-party standing,” he mentioned. “The rule prohibits one from challenging the constitutionality of the statute based solely on the violation of the rights of third persons not before the court.”
Issues on NCAP’s supposed violation of privateness must be lodged earlier than the National Privacy Commission and never the High Court, the solicitor common added.
In additional defending NCAP, Guevarra mentioned the coverage is without doubt one of the options to the worsening visitors state of affairs straight associated to the ballooning variety of autos in Metro Manila.
“We reiterate: the right to use vehicles on public roads is a privilege. That privilege comes not only with a duty to ensure the safety of pedestrians and travelers, but also with our collective obligation to ensure that our roads continue to serve the ends of our national economy and benefit each and every one of us,” he mentioned.
“Our concerned national regulatory agencies and local governments have joined hands to ensure that this privilege is not abused. Through the NCAP, they have established a mechanism to manage traffic and hold accountable those who abuse their privilege to use our roads,” he mentioned. “We, therefore, implore this Most Honorable Court to find the NCAP in accord with our laws.”
Oral arguments on the petitions will proceed on January 24, 2023. — BM, GMA Integrated News
