Motorists should pay closer attention to how they drive after the Supreme Court (SC) lifted the temporary restraining order (TRO) it issued in 2022 against the implementation of the original Non-Contact Apprehension Policy (NCAP) ordinances in several Metro Manila cities, following the dismissal of the consolidated petitions challenging the policy.

In a decision penned by Associate Justice Rodil V. Zalameda, the Supreme Court En Banc ruled that the issues raised in the petitions had become moot after the adoption of the Metro Manila Traffic Code of 2023 (MMTC 2023), which established a new and uniform framework for traffic enforcement across the National Capital Region (NCR).

The petitions originally questioned the ordinances of Manila, Quezon City, Valenzuela, Parañaque, and Muntinlupa implementing MMDA Resolution No. 16-01, which served as the legal basis for the original NCAP. Petitioners argued that the policy violated Republic Act No. 4136, or the Land Transportation and Traffic Code, denied motorists due process, and improperly held registered vehicle owners liable instead of the actual drivers.

The SC, however, noted that those ordinances have since been superseded by new local ordinances adopting the MMTC 2023. Since the new framework was not challenged in the consolidated petitions, the SC ruled that deciding the validity of the old ordinances would no longer produce any legal or practical effect.

Aside from mootness, the petitions were also dismissed on procedural grounds, including lack of legal standing, failure to exhaust administrative remedies, violation of the hierarchy of courts, and forum shopping (the practice of filing the same case in multiple courts to gain a favorable decision).

The ruling does not declare NCAP constitutional. Instead, the SC held that the constitutional issues raised against the original ordinances had been overtaken by subsequent developments after they were replaced by the MMTC 2023 framework.

The decision likewise leaves the door open to future legal challenges. According to the SC, anyone seeking to question the legality or constitutionality of the MMTC 2023 and its implementing rules may still file a separate case should an actual controversy arise.

So does it mean the NCAP will return? Actually, it's already operational with the MMDA (e.g. EDSA) because they are operating under the 2023 rules that are not covered by the TRO anymore. As for the NCAP at the LGU level, we're not quite sure which (or if) LGUs have already restarted operations. Probably not... yet.