The Supreme Court (SC) has dismissed consolidated petitions challenging the validity of the No Contact Apprehension Program (NCAP) in Metro Manila, ruling that the issues have become moot following the adoption of the Metro Manila Traffic Code of 2023 (MMTC 2023).
Court Ruling and Rationale
In a statement on Thursday, the high court said the petitions were rejected for lack of legal standing, failure to exhaust administrative remedies, disregard for the hierarchy of courts, and violation of the rule on forum-shopping. The decision, penned by Associate Justice Rodil Zalameda, dismissed petitions filed by Kilusan sa Pagbabago ng Industriya ng Transportasyon and others.
The petitioners had sought to declare unconstitutional ordinances from Muntinlupa City, Parañaque City, Quezon City, Valenzuela City, and the City of Manila that implemented MMDA Resolution No. 16-01, which established NCAP using digital cameras to detect traffic violations.
Petitioners' Arguments
The petitioners argued that NCAP contradicts Republic Act No. 4136, the Land Transportation and Traffic Code, which requires direct, face-to-face apprehension of violators and places responsibility on the actual driver rather than the registered vehicle owner. They also contended that the system violates due process because motorists may receive penalties without immediate notice, leaving them unable to contest violations and resulting in compounding fines before they are informed.
Impact of MMTC 2023
The SC ruled that the issues had been overtaken by later developments. MMTC 2023 now provides a uniform traffic adjudication system, 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.
According to the SC, these developments effectively replaced the fragmented NCAP systems challenged in the petitions. Since neither MMTC 2023 nor the new ordinances were being challenged, any ruling on the old ordinances would have no practical or legal effect.
Temporary Restraining Order Lifted
The SC also lifted the temporary restraining order it issued on Aug. 30, 2022 against the City of Manila, Quezon City, Valenzuela City, Parañaque, Muntinlupa City, and the LTO.
