The No Contact Apprehension Program (NCAP) has got a lot of motorists on edge. While the program catches obvious violations like speeding and is generally good in theory, its implementation is still in its infancy, catching motorists for violations that may have been committed in good faith or for other reasons.
If you’re one such motorist who wants to contest a Notice of Violation (NOV) from the NCAP, there are a few details that you have to take note of first such as the city you were caught in, the violation that was handed to you, and the circumstances surrounding the incident.
The general process:
Specifics for getting your NOV contested will be expounded upon later in the article such as where to go and what specific forms are required, however, the general process is the same across the board.
First, you need to secure the NOV along with all your pertinent data, which includes your driver’s license as well as proof of emergency, a protest form as well as the other necessary forms required. Then, you need to check whether it is a city or the MMDA that issued you the NOV.
You will be required to visit the office of whatever city you were caught in or at the MMDA’s office to file a protest. Also, make sure that you get this sorted right away, otherwise, your window of opportunity will close. Some offices will allow a certain period of time for you to protest before it gets filed permanently, the period can last anywhere between five to ten days from the receipt of the NOV depending on the city or the issuing body.
Also, cities with NCAP in place will be more lenient and likely to waive your violation if you happened to be in an emergency situation at the time of your violation. If you are able to secure proof of emergency during this time, it’ll help your appeal to the corresponding adjudication boards depending on the city that you got caught in.
You will notice that there are two pieces that every complaint or protest requires, which are then notarized form, and your proof of emergency.
The MMDA also has an NCAP, and you may file a protest with the MMDA Traffic Adjudication Division (TAD), and you are given up to seven days from the receipt of the NOV.
Unlike the other cities in this quick guide, the MMDA will allow you to submit a Motion for Reconsideration if the TAD rejects your initial appeal. This can be done within 15 days of receiving the rejection from the TAD. Should even this be denied, you may file an appeal at the Office of the Chairman within 30 days of receipt of the second rejection. No further processes may be done or conducted after this as the Chairman’s decision will be final.
City of Manila
In the City of Manila, you get up to 10 days after receiving the notice to contest. You need to file a notarized complaint to the Manila Traffic Adjudication Board (MTAB). The form is downloadable at the Manila City’s no contact website at the FAQ section on the far-right side of the navigation bar of the home page. Following that, scroll down to FAQ number seven and click the link. Here are the requirements:
- Notarized Complaint Form (to be downloaded and filled out from the City of Manila’s no contact apprehension website under the FAQs section)
- Proof of emergency
After the complaint has been filed, the MTAB will notify you of the date and time of your hearing, however, if you cannot show up, the MTAB will defer to the available evidence should you be unable to be present. If you were caught while dealing with an emergency, it’s also important to submit proof of emergency in order to plead your case to the board.
For residents and motorists caught and issued an NOV, you need to file the forms with the City of Manila. With the NCAP in place, the Paranaque City Government will require the same standard procedure of filing a complaint followed by a hearing. The difference between the City of Manila and the City of Paranaque is that the southern city has a shorter period, wherein it only allows objections to be made only five days after receipt of the NOV. You may find the form in the FAQs section under FAQ number seven where you will find a link for the file.
- Notarized Complaint Form (to be downloaded and filled out from Paranaque City’s no contact apprehension website under the FAQs section)
- Proof of emergency
With that being said, residents and motorists who have been issued an NOV must act faster in order to object in due time. That being said, you must submit your notarized objection to the Paranaque Traffic Adjudication Board (PTAB). It’s also the same story with emergencies and hearings, present the evidence at the PTAB-scheduled hearing, but if you fail to show up all the presented evidence sans the evidence presented during your hearing will be used in closing the NCAP case.
For Quezon City, contesting an NOV from the NCAP will require you to send in a notarized protest form which can be downloaded from the Quezon City No Contact website, and the file is also similarly found in the FAQs section of the site (check FAQ number seven). Contesting an NOV can only happen within 10 days after receipt. After filling out the form and getting it notarized, you must head to the second floor of the Department of Public Order and Safety Building in the Quezon City Hall. Here are the requirements:
- Notarized Protest Form (to be downloaded from the No Contact website of Quezon City under the FAQs section)
- Proof of emergency
There, you will submit the documents to the Quezon City Traffic Adjudication Board (QCTAB), where you will also submit your proof of emergency or other evidence that supports your protest.
For Valenzuela City, you must file your protest within five days of receiving the NOV and submit it to the Valenzuela City Traffic Adjudication Committee (VCTVAC). As with other local government units with NCAP in place, you must download the form from the No Contact website of Valenzuela located in the FAQs section (check FAQ number seven). Here are the requirements:
- Notarized Appeal (to be downloaded from the No Contact website of Quezon City under the FAQs section)
- Proof of emergency
Following that, you will be given a scheduled hearing and if you miss it, all the available evidence will be used to render judgment. Be sure to give your proof of emergency as well to help with your appeal.