Manila: The Supreme Court (SC) has dismissed the consolidated petitions challenging the validity of No Contact Apprehension Program (NCAP) in Metro Manila.
According to Philippines News Agency, the high court stated that the issues raised in the suit have since become moot due to the adoption of a new and uniform traffic enforcement framework under the Metro Manila Traffic Code of 2023 (MMTC 2023). The court further noted that the petitions were rejected due to lack of legal standing on the part of the petitioners, who did not exhaust other administrative remedies before approaching the court, and for disregarding the hierarchy of courts as well as the rule on forum-shopping.
The decision, penned by Associate Justice Rodil Zalameda, dismissed the petitions filed by Kilusan sa Pagbabago ng Industriya ng Transportasyon and others. These petitions sought to declare unconstitutional the ordinances of Muntinlupa City, Para±aque City, Quezon City, Valenzuela City, and the City of Manila, which implemented the Metro Manila Development Authority (MMDA) Resolution No. 16-01. This resolution established NCAP to manage traffic and reduce corruption through the use of digital cameras to detect traffic violations.
The petitioners argued that NCAP contradicts Republic Act No. (RA) 4136, or the Land Transportation and Traffic Code, as it mandates direct, face-to-face apprehension of violators and places responsibility on the actual driver rather than the registered vehicle owner. They also argued that the system violates due process since motorists may receive penalties without immediate notice, preventing them from contesting violations and resulting in compounding fines before they are informed.
The SC ruled that the issues had been overtaken by later developments and highlighted that MMTC 2023 now provides a uniform traffic adjudication system. This includes procedures before traffic adjudication boards, periods for settling notices of violation, guidelines for tagging violations in the Land Transportation Office's (LTO) Land Transportation Management System, data privacy safeguards, uniform fines and penalties, recognized online payment platforms, and rules on the mandatory authorization process.
The SC stated that these developments effectively replaced the fragmented NCAP systems challenged in the petitions. As neither MMTC 2023 nor the new ordinances were being challenged before the Court, any ruling on the validity of the old ordinances would have no practical or legal effect. Furthermore, the SC lifted the temporary restraining order it issued on Aug. 30, 2022, against the City of Manila, Quezon City, Valenzuela City, Para±aque, and Muntinlupa City, as well as the LTO.
