SC junks NCAP petitions as moot

THE Supreme Court (SC) dismissed consolidated petitions challenging the No Contact Apprehension Program (NCAP), ruling that the issues had become moot after Metro Manila adopted a uniform traffic enforcement framework that replaced the ordinances being questioned.

In a decision promulgated on June 3, penned by Associate Justice Rodil V. Zalameda, the SC dismissed petitions filed by Kilusan sa Pagbabago ng Industriya ng Transportasyon and others questioning ordinances implementing the NCAP in Manila, Muntinlupa, Parañaque, Quezon City and Valenzuela.

Petitioners argued the NCAP was inconsistent with Republic Act No. 4136, or the Land Transportation and Traffic Code, because it places liability on registered vehicle owners instead of the actual driver and does not require face-to-face apprehension.

They also claimed the program violated due process by allowing penalties to accumulate before motorists receive notice of violations.

The SC said those issues had been overtaken by the Metro Manila Traffic Code of 2023, which established a uniform framework for traffic regulation and NCAP implementation. It noted that the Metropolitan Manila Development Authority later issued Memorandum Circular No. 10, series of 2025, to implement the code, which was subsequently adopted through new 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,” the decision said.

“There is no explicit determination regarding the prior issuances, nor a resolution of grievances based on specific facts,” it added.

The SC said the dismissal does not bar future challenges should the revised NCAP framework later give rise to an actual controversy. It also lifted the temporary restraining order issued in August 2022 against the implementation of the challenged NCAP ordinances. — Mark Joseph M. Sanchez