Gutierrez: Check MMDA, LGUs’ readiness to reimplement NCAP

Two congressional panels were asked to check whether the Metropolitan Manila Development Authority (MMDA) and local government units (LGUs) are ready to reimplement the No Contact Apprehension Policy (NCAP), after the lifting of the temporary restraining order (TRO) against it.

In a statement on Monday, 1-Rider party-list Rep. Ramon Rodrigo Gutierrez said he has filed House Resolution (HR) No. 1490, asking that the House of Representatives’ committee on transportation and the committee on Metro Manila Development to check the government agencies’ readiness regarding NCAP, among other things.

NCAP, as the name suggests, is a system where traffic violations are monitored and recorded using closed circuit television (CCTV) cameras. The implementation of the program was suspended last August 2022 after petitioners went to the Supreme Court (SC) to raise concerns over data privacy issues, but the High Tribunal partially lifted the TRO in May 2025, and then fully in June 2026.

‘Notwithstanding the judicial resolution, there remains an urgent need to check the automated traffic enforcement systems across various jurisdictions to ensure uniformity, fairness, and strict compliance with constitutional standards, particularly the right to due process and the protection of privacy,’ Gutierrez said in HR No. 1490.

‘It is the duty of Congress to exercise its oversight function to ensure that policies implemented by executive and local government agencies are aligned with national laws and that they serve the best interest of the public without infringing upon their fundamental rights,’ he added.

Gutierrez listed five items that the two committees must check:

evaluate the effectiveness of the NCAP in achieving its objectives of traffic management and road safety

examine the mechanisms for due process and the accessibility of appeal procedures for motorists issued citations under the policy

assess the systems in place to ensure the data privacy and security of the information collected through the technology

determine the legal authority and applicable rules governing the allocation and intended use of NCAP fines and penalty revenues, including whether those revenues are used for traffic management, road safety, transportation, or other authorized public purposes

determine the necessity for a national legislative framework to standardize automated traffic enforcement, ensuring consistency across different LGUs and adherence to constitutional safeguards.

Gutierrez said he filed the resolution to ensure that there will be a fair implementation of the system, and motorists are protected from possible issues brought by discrepancies and system errors.

‘Dapat malinaw at pare-parehas ang implementasyon-iisa ang standard. Hindi dapat iba ang patakaran, iba ang multa, at iba ang paraan ng pag-apela dahil lang tumawid ka ng lungsod,’ he said.

(There should be a clear and similar implementation-there should be one standard. We cannot have different rules, penalties, and modes of appeal just because you crossed a city.)

‘Handa ba talaga tayo? Patas ba ang polisiya? Protektado ba ang mga motorista?’ he asked. ‘Kung may multa, dapat patas, lalo na sa mga riders na araw-araw nasa daan para magtrabaho.’

(Are we really ready? Is the policy fair? Are motorists protected? If there are fees, it should be fair, especially for riders who work daily on our streets.)

Aside from fairness, Gutierrez said that personal data and footage must be stored properly, and the government must ensure that the footage will show how the violation was committed.

‘Dapat mahuli ng camera ang malinaw na violation. Hindi ‘yung automatic na mapaparusahan dahil kulang ang signage, sira ang kalsada, o wala kang magagawa sa sitwasyon,’ Gutierrez said.

(The camera should clearly capture a violation, and they should not be penalized immediately because there is no signage, if the streets are damaged, or if they are left with no choices after a particular situation.)

‘Madalas ang riders ang unang nakakaramdam kapag hindi pantay ang implementasyon. Babantayan natin ‘yan,’ he added.

(Oftentimes, riders are the first to feel if implementation is not fair. We will monitor that.)

This is not the first time that Gutierrez filed a resolution seeking a probe on NCAP. After the partial lifting of the TRO, the lawmaker filed HR No. 2293 before the 19th Congress, asking the committee on transportation to check whether the MMDA is ready to implement the NCAP.

Gutierrez said the reasoning behind NCAP is commendable, but there are different issues left unaddressed, like unclear traffic rules and signages, and the slow delivery of notice of violations.

Aside from Gutierrez, other senators have also raised concerns about the return of the NCAP, like Senator Francis Escudero and former Senator Grace Poe, who both urged MMDA to ensure that concerns with the NCAP are addressed first.

According to Escudero, the evidence presented to back up a traffic citation must be clear, and traffic rules and signages must be visible enough for motorists.

With the lifting of the restraining order last May 2025, the NCAP system will resume over areas it covered before, like the Epifanio delos Santos Avenue, C-5 Road, Katipunan Avenue, Marcos Highway, Roxas Boulevard, Commonwealth Avenue, Quezon Avenue, West Avenue, E. Rodriguez Avenue, and Buendia Avenue, starting Monday.

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