SC FILE

The Supreme Court has dismissed the consolidated petitions questioning the implementation of the No Contact Apprehension Policy (NCAP) in Metro Manila, ruling that the issues raised have become moot following the adoption of the Metro Manila Traffic Code (MMTC) of 2023, which established a uniform framework for traffic regulation and the implementation of NCAP across the region.

In a decision penned by Associate Justice Rodil V. Zalameda, the Court threw out the petitions filed by the Kilusan sa Pagbabago ng Industriya ng Transportasyon and several others, which sought to declare unconstitutional the ordinances of Manila, Quezon City, Valenzuela, Parañaque, and Muntinlupa implementing Metropolitan Manila Development Authority (MMDA) Resolution No. 16-01 establishing the NCAP.

Aside from declaring the issues moot, the Court also dismissed the petitions after finding that the petitioners lacked legal standing and failed to comply with the doctrines on exhaustion of administrative remedies, hierarchy of courts, and the prohibition against forum shopping.

The petitions argued that NCAP violated Republic Act No. 4136, or the Land Transportation and Traffic Code, which requires traffic violators to be apprehended directly by law enforcers and holds the actual driver—not the registered owner—liable for traffic violations.

The petitioners also claimed the policy violated motorists' right to due process because traffic violations could be recorded without immediate notice, allowing penalties to accumulate before drivers had the opportunity to contest them.

However, the Supreme Court said subsequent developments had overtaken the issues raised in the petitions.

The Court noted that the Metro Manila Council had adopted the MMTC of 2023, establishing a uniform framework for traffic regulation and the implementation of NCAP across Metro Manila. Since the new code was not being challenged in the petitions, the constitutional questions raised against the earlier ordinances were no longer relevant.

Invoking the doctrine of constitutional avoidance, the Court explained that courts should avoid deciding constitutional issues when a case can be resolved on non-constitutional grounds.

Under the MMTC of 2023, Metro Manila now follows a standardized system for traffic enforcement and adjudication. The code sets uniform procedures for the Traffic Adjudication Board, timelines for resolving Notices of Violation, the recording of violations through the Land Transportation Office's Land Transportation Management System, data privacy safeguards, uniform fines and penalties, recognized online payment platforms, and mandatory authorization procedures.

The Court also cited MMDA Memorandum Circular No. 10, series of 2025, which implemented the MMTC of 2023. The cities of Muntinlupa, Parañaque, Quezon, and Valenzuela have since enacted new ordinances adopting the updated framework, while Manila passed its own ordinance implementing the MMTC but retained its local Traffic Adjudication Board.

According to the Court, these developments effectively replaced the different NCAP systems challenged in the petitions. Because neither the MMTC of 2023 nor the new local ordinances were being questioned, any ruling on the validity of the previous ordinances would no longer have any practical or legal effect.

With the dismissal of the petitions, the Supreme Court also lifted the temporary restraining order (TRO) it issued on Aug. 30, 2022, against the cities of Manila, Quezon City, Valenzuela, Parañaque, and Muntinlupa, the Land Transportation Office (LTO), and the other parties involved.