WHEREAS, MMDA Resolution No. 10-02 prescribes guidelines on the apprehension of traffic violations in Metro Manila using digital cameras and/or other new technologies on a trial basis for a period of six (6) months;

WHEREAS, during the 6-month period, the MMDA noted that the No Physical Contact Policy is an effective system of instilling discipline to motorists as most have been alerted that even without the presence of traffic enforcers in some areas, they can be apprehended thru their traffic violations that are recorded in the Close Circuit Television Cameras (CCTVs) installed in strategic areas;

WHEREAS, the No Physical Contact Policy aims to minimize the occurrence of physical apprehension in order to prevent traffic build-up thus improving the flow of traffic and minimizing road accidents along Metro Manila’s major thoroughfares;

WHEREAS, to provide better services to the motorists and the riding public and to prevent graft and corruption “kotong”, there is a need to introduce some technologies to further improve and strengthen traffic management and operations in Metro Manila;

WHEREAS, the Metro Manila Council (Council) recognizes that the No Physical Contact Policy is an invaluable tool in enforcing traffic rules and maintaining order on the roads to ensure safe and convenient movement of people and goods in Metro Manila;

NOW, THEREFORE, be it resolved as it is hereby resolved, pursuant to Section 6 of Republic Act No. 7924, that the Council in its session duly assembled recognized the need to extend the implementation of the No Physical Contact Policy of the MMDA in Apprehending Traffic Violators Thru the Use of Digital Camera and/or New Technologies Used in Capturing Images, for another three (3) months as the six months implementation has already been expired last June 30, 2010.

RESOLVED FINALLY, that the guidelines prescribed in MMDA Resolution No. 09-02 which are restated herein shall be strictly followed in implementing the No Physical Contact Policy, for a period of three (3) months.

SECTION 1. Coverage. This Resolution shall cover the apprehensions or citations made by traffic operatives deployed by the Metropolitan Manila Development Authority (MMDA) in Metro Manila.

SECTION 2. Regulations. The following regulations must be observed when implementing the “No Physical Contact Policy”:

2.1 The image of the vehicle violating traffic laws, rules and regulations shall be recorded or captured thru the use of digital cameras and/or other technologies. This shall be applied to all motorists/drivers of vehicles.

2.2 First Notice signed by the TOC Executive Director and the cameraman who took/ shot the pictures thru the use of digital cameras and/or new technologies shall be issued to the Traffic Violator/Owner/Operator of the vehicle.

The first notice shall indicate the date, time, location, traffic violation(s)/ infractions committed, the assessed fines/penalties therefore and a photo-clip of apprehended vehicle.

The notices shall likewise contain a statement that the traffic violator shall have the right to file a protest before the Traffic Adjudication Board (TAB) within seven (7) days from receipt thereof and that failure to file the same within the prescribed period shall be deemed a waiver of such right and shall be construed as an admission of the traffic violation(s) cited therein. The TAB shall resolve the case within seven (7) days from receipt of the protest and its decision shall be deemed final and executory.

2.3 Payment of fines/penalties shall be within seven (7) days upon receipt of the first notice, unless a protest was filed by the traffic violator as provided for in the preceding paragraph.

2.4 Assessed fines/penalties and all charges indicated in the first notice shall be paid at any branch of METROBANK unless a protest is filed before the MMDA Traffic Adjudication Board, in which case, the fines as finally adjudicated, shall be paid at the Central Office, Collection Division of the MMDA located at the MMDA Bldg., EDSA cor. Orense St., Guadalupe, Makati City.

2.5 After the lapse of the 7-day prescriptive period, there being no protest filed and the fines/penalties remain unpaid, a final notice to pay/settle the same shall be issued. If the traffic violator/owner/operator failed to settle/pay the assessed fines/ penalties from receipt of the final notice, the Driver’s license number or vehicle license plate number shall be included in the Alarm list and be reported to the LTO with the request that the registration of the same shall not be renewed until the penalties or fines are fully settled.

2.6 Notices shall be sent thru registered mail or courier service either by government or private service provider.

2.7 Traffic violators/owners/operators who refuse to receive/accept without any valid reason the notice issued to them shall be deemed to have received the same, hence, shall comply with the above provisions of pars. 2.3 and 2.5.

SECTION 3. Separability Clause. If any provision of this Resolution is declared unconstitutional or invalid for any reason, the same shall not affect the validity of the other provisions.

SECTION 4. Repealing Clause. All other issuances contrary or inconsistent hereof are hereby repealed, amended or modified accordingly.

This Resolution shall take effect on the 1^st day of July 2010.

(SGD.) JUDGE OSCAR A. INCOCENTES (Ret.)
  Chairman

(SGD.) VERGEL A. AGUILAR       Mayor, Las Pinas	(SGD.) FLORENCIO M. BERNABE, JR.       Mayor, City of Paranaque
(SGD.) ROBERTO C. EUSEBIO       Mayor, City of Pasig	(SGD.) MA. LOURDES C. FERNANDO       Mayor, City of Marikina
(SGD.) SHERWIN T. GATCHALIAN       Mayor, City of Valenzuela	(SGD.) JAIME C. MEDINA       Mayor, Municipality of Pateros
(SGD.) CANUTO S. ORETA       Mayor, City of Malabon	(SGD.) WENCESLAO B. TRINIDAD       Mayor, Pasay City
(SGD.) HERBERT M. BAUTISTA       Chairman, MM Vice Mayor’s League	(SGD.) SERAFIN Y . BERNARDINO       President, MM Councilors’ League