PH Supreme Court dismisses petitions vs. No Contact Apprehension Program

The Supreme Court (SC) has dismissed consolidated petitions challenging the No Contact Apprehension Program (NCAP) in Metro Manila, ruling that the cases have become moot following the adoption of a new and uniform traffic enforcement framework under the Metro Manila Traffic Code of 2023 (MMTC 2023).

In a decision penned by Associate Justice Rodil Zalameda, the Court also lifted the temporary restraining order (TRO) it issued in August 2022 against the implementation of NCAP in Manila, Quezon City, Valenzuela, Parañaque, Muntinlupa, the Land Transportation Office (LTO), and parties acting on their behalf.

The petitions, filed by Kilusan sa Pagbabago ng Industriya ng Transportasyon and others, sought to declare unconstitutional the ordinances of five Metro Manila local government units implementing Metro Manila Development Authority (MMDA) Resolution No. 16-01, which established NCAP.

The petitioners argued that the camera-based traffic enforcement system violated Republic Act No. 4136, or the Land Transportation and Traffic Code, which they said contemplates face-to-face apprehension of traffic violators and places liability on the actual driver rather than the registered owner of the vehicle.

They also claimed the system violated motorists' right to due process because penalties could be imposed without immediate notice, allowing fines to accumulate before motorists had an opportunity to contest the alleged violations.

However, the SC ruled that subsequent developments had overtaken the issues raised in the petitions.

The Court said the Metro Manila Council had since adopted the MMTC 2023, creating a uniform framework for traffic regulation and NCAP implementation across Metro Manila. The code established standardized procedures for traffic adjudication, notices of violation, payment systems, fines and penalties, data privacy safeguards, and integration with the LTO's Land Transportation Management System.

The MMDA later issued Memorandum Circular No. 10, series of 2025, to implement the new traffic code, which was subsequently adopted through new ordinances by Muntinlupa, Parañaque, Quezon City, and Valenzuela. Manila also enacted its own ordinance adopting the MMTC 2023 while retaining its existing Traffic Adjudication Board.

According to the Court, these developments effectively replaced the fragmented NCAP systems that were the subject of the petitions.

"Since neither MMTC 2023 nor the new ordinances are being challenged before the Court, any ruling on the validity of the old ordinances would have no practical or legal effect," the decision stated.

The SC said the doctrine of constitutional avoidance also required courts to refrain from deciding constitutional questions when cases could be resolved on non-constitutional grounds.

Aside from mootness, the Court also dismissed the petitions for lack of standing, failure to exhaust administrative remedies, violation of the hierarchy of courts, and forum-shopping.

The Court stressed that its ruling should not be interpreted as an affirmation of the validity of the old NCAP ordinances.

"Our dismissal of the Petitions is confined to the determination that petitioners failed to overcome threshold issues, and that the supervening adoption of a uniform regulatory framework has rendered the Petitions moot. There is no explicit determination regarding the prior issuances, nor a resolution of grievances based on specific facts," the decision read.

The SC added that the dismissal does not prevent future legal challenges should the revised NCAP framework give rise to an actual controversy.

-Paraluman News