SC junks petition vs. NCAP 

The Supreme Court has dismissed the consolidated petitions against the No Contact Apprehension Program (NCAP) being implemented in several local government units in Metro Manila.

In a decision penned by Associate Justice Rodil Zalameda, the SC ruled that the issues raised have become moot following the adoption of the new and uniform policy under the Metro Manila Traffic Code (MMTC) of 2023.

“The SC ruled that the issues had been overtaken by later developments. The doctrine of constitutional avoidance requires courts to refrain from resolving constitutional questions where a case may be disposed of on non-constitutional grounds. Here, the traffic enforcement framework has since been changed by MMTC 2023, which is not being challenged in the present set of cases,” the SC said in a statement.

The petitions challenged the constitutionality of ordinances in five Metro Manila cities implementing the MMDA's NCAP. Designed to ease traffic congestion and minimize corruption, the NCAP utilizes digital cameras to monitor and detect traffic violations.

The SC pointed out that the MMTC of 2023 adopted by the Metro Manila Council already establishes a uniform framework for the implementation of NCAP throughout the capital region.

“Since 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,” the high court said.

But the SC clarified that dismissing the petitions doesn't mean they are officially declaring the contested NCAP rules to be valid.

“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 high court added.

The SC also lifted the temporary restraining order it issued on August 30, 2022, against the City of Manila, Quezon City, Valenzuela City, Parañaque City, Muntinlupa City, and the Land Transportation Office. —Vince Angelo Ferreras/LDF, GMA News