SUPREME COURT DISMISSES LEGAL CHALLENGES AGAINST OLD METRO MANILA NCAP

​The Supreme Court has thrown out a series of consolidated petitions that questioned the legality of the No Contact Apprehension Policy (NCAP) used by the Metropolitan Manila Development Authority (MMDA) from 2016 to 2018.

In a decision written by Associate Justice Rodil Zalameda, the high court ruled that the legal challenges are now moot following the implementation of the Metro Manila Traffic Code (MMTC) of 2023, which created a unified traffic enforcement system across the region.

The court also pointed out several procedural blunders by the petitioners, such as their lack of legal standing, ignoring the proper hierarchy of courts, failing to exhaust available administrative solutions, and engaging in forum shopping.

​Crucially, the high tribunal emphasized that throwing out the case does not mean it is endorsing the validity of the previous traffic rules.

​“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 stated.

The junked petitions included a combined filing by major transport organizations—including the Kilusan sa Pagbabago ng Industriya ng Transportasyon, Inc. (KAPIT), Pasang-Masda, ALTODAP, and ACTO—alongside an independent petition by lawyer Juman Paa.

The groups had contended that the initial NCAP breached constitutional rights, arguing it compromised due process and data privacy while clashing with Republic Act No. 4136, or the Land Transportation and Traffic Code.

The magistrates observed that traffic management rules have evolved considerably since the lawsuits were first initiated. Although the Supreme Court had partially dissolved a temporary restraining order (TRO) in May 2025 to permit the MMDA to resume camera-based apprehensions on major roads like EDSA and C-5, local cities have transitioned to the 2023 code.

Local government units like Quezon City, Manila, Valenzuela, Muntinlupa, and Parañaque have enacted fresh ordinances aligned with MMTC 2023, which uniformizes fine systems, traffic dispute hearings, and data security measures.

​Since the newly implemented 2023 framework was not under scrutiny in this legal battle, the Court utilized the principle of “constitutional avoidance,” which advises judges to bypass constitutional rulings if a lawsuit can be settled through other legal avenues.

The court noted that these fresh shifts effectively replaced the disjointed NCAP structures under fire in the lawsuits.

Because the older ordinances have been overtaken by the current, uncontested traffic regulations, the bench concluded that ruling on the old policy would serve no practical function.

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