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SC Denies Alex Lopez’s Motion to Intervene in NCAP Case

Honey Lacuna
Photo shows Mayor Honey Lacuna laughed off news that the High Court denied the motion for intervention filed by her political rival. (JERRY S. TAN)

The Supreme Court denied a motion filed by defeated mayoral candidate Alex Lopez in which he seeks to intervene in the case concerning the “no contact apprehension policy” or NCAP, now pending before the High Court.

In an en banc resolution issued on October 11, 2022 but which was released just recently, the SC resolved to deny the motion for intervention dated September 21, 2022 which was filed for intervenor-complainant Lopez by his counsel.

This is in connection with the case earlier lodged by the Kilusan sa Pagbabago ng Industriya ng Transportasyon , Inc. (KAPIT) et al against the city of Manila and the case filed by a certain Atty. Juman Paa against the Sangguniang Panlungsod ng Maynila or the Manila City Council.

A motion for intervention is a petition in which a person seeks to be permitted to intervene in a lawsuit involving other parties so that his own rights and interests may be protected by a judgment or decree or if he has legal interest in the matter in litigation or in the success of either of the parties, or an interest against both.

Acting on the cases, the SC earlier temporarily stopped the implementation of NCAP in five Metro Manila cities as it issued a temporary restraining order (TRO) against the said policy.

In view of the denial of the motion for intervention filed by Lopez, the SC also resolved as “note without action” the complaint in the intervention dated September 21, 2022 and which was filed in behalf of Lopez by his counsel.

“It appearing from the records that the resolution dated September 27, 2022 addressed to petitioner… KAPIT in G.R. No. 261892, Unit 906 Tycoon Center, Pearl Drive, Ortigas Center Pasig Citty, was returned unserved with notation on the return of service “RTS-Moved Out (no forwarding address),” the Court resolved to direct counsel for petitioner KAPIT to provide the Court with the new address of petitioner within ten days from notice hereof,” the notice, signed by Clerk of Court Marife M. Lomibao -Cuevas by authority of the Court, stated.

The NCAP policy, before being halted by the SC, was being enforced in the cities of Manila, Quezon, Valenzuela Parañaque and Muntinlupa.

The case filed against its implementation was set for oral arguments on January 24, 2023.

Itchie G. Cabayan
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