How to Contest an NCAP (No-Contact Apprehension Program) Traffic Violation in the Philippines A 2025 Practitioner’s Guide
This material is for general information only and should not be treated as a substitute for legal advice. Laws, ordinances, and implementing rules may change; always verify the latest issuances of the relevant local government unit (LGU), the Land Transportation Office (LTO), and the courts.
1 | What NCAP Is—and Why It Matters
| Aspect | Key Points |
|---|---|
| Concept | NCAP uses roadside cameras and plate-recognition software to detect traffic offenses without flagging the driver on the spot. |
| Legal bases | Local Government Code (RA 7160) → allows LGUs to pass traffic ordinances; individual NCAP ordinances in Manila, Quezon City, Valenzuela, Parañaque, San Juan, Baguio, Cauayan, and others; supporting DOTr & MMDA guidelines. |
| National status | Supreme Court TRO (G.R. Nos. 261874 & 261993, 16 Aug 2022) provisionally stopped nationwide implementation pending final ruling. Most LGUs suspended programs; some resumed in 2024 under revised rules. Check the current status for the issuing city before acting. |
| Why contest? | Unpaid NCAP citations can: ① place a “registration hold” in the LTO IT system, ② accrue surcharges, ③ be enforced via civil action, ④ affect vehicle resale. |
2 | Due-Process Safeguards You Can Invoke
Proper Service of Notice
- Ordinances require personal service, registered mail and/or email/SMS within 5–15 days of the alleged violation.
- Absence of proof of service (registry receipt, process server’s affidavit, electronic-delivery log) is a ground to nullify the citation.
Reasonable Time to Answer
- LGUs normally give 10 working days (others: 7 or 15) from receipt to file a sworn protest.
Right to Confront Evidence
- You may demand the raw footage, calibration certificates of the camera, and the traffic enforcer’s written incident report.
Burden of Proof
- The LGU must prove the vehicle and its registered owner committed the exact violation captured.
Double Jeopardy & Mutually Exclusive Violations
- You cannot be cited for overlapping offenses (e.g., “beating the red light” and “disregarding traffic signals” for the same act).
3 | Grounds Commonly Accepted for Dismissal
| Category | Typical Evidence |
|---|---|
| Mistaken identity / wrong plate | Clear photos showing the cited plate differs; affidavit of the real plate owner; dash-cam timestamps. |
| Sold or stolen vehicle | Notarized Deed of Sale, PNP-HPG Theft & Loss Record, LTO MVIR & plate hold-order. |
| Emergency vehicle / official duty | Dispatch log, mission order, hospital records (medical emergency). |
| Obscured signs / defective traffic light | Geo-tagged photos taken shortly after the incident; sworn statements of witnesses. |
| Technical defect | Calibration records older than 6 months, software-glitch logs, or city’s failure to prove chain of custody of digital evidence. |
| Force majeure | Weather-bureau bulletins; photos of flooded or obstructed roadway. |
4 | Step-by-Step Contest Procedure (Typical Metro Manila Ordinance)
Receive the Notice of Violation (NOV)
- Note the date of receipt; that starts your protest period clock.
Gather Evidence Immediately
- Retrieve dash-cam files; save GPS logs; take roadway photos; secure sworn statements.
Prepare a Sworn Protest (Affidavit of Contest)
- State facts chronologically.
- Cite specific ordinance sections and constitutional due-process clauses (Art. III, §1, 1987 Constitution).
- Attach copies of OR/CR, driver’s license, proof of sale/theft, medical records, etc.
- Have it notarized.
File with the LGU’s Traffic Adjudication Board (TAB)
- Pay filing fee (₱0–₱500; varies).
- Obtain received copy stamped with date and control number.
Attend Adjudication Hearing
- Present originals, cross-examine the traffic officer (if LGU calls one).
- Non-appearance → protest may be dismissed with prejudice.
Await the Decision
- TAB must decide within 5–15 days; silence beyond that period can be deemed a denial (doctrine of inaction, applied by some LGUs).
5 | Appeal Routes If You Lose
| Level | Deadline | Instrument | Notes |
|---|---|---|---|
| City/Mayor’s Office | 15 days | Memorandum of Appeal | Mayor may affirm, reverse, or remand. |
| Sanggunian / City Council | 15 days after mayoral decision | Position Paper | Some ordinances skip this level. |
| Regional Trial Court (RTC) | 30 days | Petition for certiorari (Rule 65) or Appeal under Rule 43 | Name the TAB and city as respondents; post supersedeas bond if you want to stay penalties. |
| Court of Appeals → Supreme Court | As provided by Rules of Court | Petition for Review | Generally on questions of law. |
Tip: Payment under protest preserves your right to contest while lifting the LTO hold sooner. Keep the official receipt.
6 | Special Situations
- Vehicle Registered to a Corporation File board resolution naming the actual driver; corporation may seek reimbursement from employee.
- Multiple Violations in One Day Cite MMDA Res. 16-12: sequential captures within a few minutes should be merged as one count.
- “Ghost” Holds in LTO If the LGU has no standing NCAP ordinance (e.g., still under TRO), file an Ex Parte Petition to Lift Alarm at LTO’s Law Enforcement Service.
7 | Consequences of Ignoring an NOV
- LTO Registration “Alarm” – You cannot renew until cleared.
- Surcharges & Interest – Up to 5% per month in some LGUs.
- Civil Suit / Small-Claims Action – LGU may sue for collection.
- Writ of Execution – Sheriff’s levy on movable property, though rarely pursued.
8 | Preventive & Practical Tips
- Keep OR/CR and contact details updated with the LTO; notices go to the registered address.
- Install a quality dash-cam with GPS & speed stamp.
- Photograph temporary signs or obscured lanes whenever driving in NCAP zones.
- Check the LGU’s online portal monthly for new citations—service glitches are common.
- If buying a used car, secure an LTO Certification of No Apprehension and an LGU clearance.
9 | FAQs (Quick Answers)
| Question | Answer (2025) |
|---|---|
| Is NCAP currently suspended nationwide? | The Supreme Court TRO (Aug 2022) technically remains, but some LGUs re-launched “revised” NCAPs after passing new ordinances and informing the Court. Always verify with the specific city. |
| Who appears at the hearing—the driver or the owner? | The registered owner (RO). If someone else was driving, file a duly notarized Driver’s Identification and the actual driver may be summoned. |
| Does contesting stop surcharges from running? | Yes, if you file within the protest period. Late protests may still be entertained in the interest of justice but penalties often continue accruing. |
| Can I settle online and still protest? | Once you pay without a protest annotation, the case is deemed closed and cannot be reopened. |
| Are NCAP penalties deductible from income tax? | No. They are administrative fines, not deductible business expenses. |
10 | Templates (Outline)
- Affidavit of Contest (one-page, jurat at foot).
- Driver’s Undertaking (for companies).
- Motion to Lift LTO Alarm (addressed to LTO LES). ► Ask if you’d like editable copies.
11 | Conclusion
Contesting an NCAP citation hinges on speed (meeting filing deadlines), evidence (dash-cam, documents), and procedure (using the right forum and form). The constitutional guarantee of due process applies even to camera-based enforcement. Assert it promptly, and you can avoid needless fines, surcharges, and registration hassles—while also helping ensure that LGUs keep their systems fair and transparent.
Prepared July 3 2025