QuestionsQuestions (LETTER OF INSTRUCTIONS No. 1444)
Batas Pambansa Blg. 398, amending Republic Act (RA) No. 4136, gives the BLT (Bureau of Land Transportation) the exclusive power and authority to suspend or revoke for cause any driver’s license issued under RA 4136, while not prejudicing the authority of the courts in appropriate cases.
It aims to integrate and centralize records of traffic violations and their dispositions to ensure efficient collation and retrieval of information needed by government agencies and the public, and to improve accurate recording to remove unqualified drivers and prevent spurious documents.
LOI No. 1444 is addressed to the Department/Ministers of Transportation & Communications, Justice, National Defense; the Governor of Metro Manila; the Chief of the Philippine Constabulary and Director General of INP; the BLT Director; the National Pollution Control Commissioner; the Chairman of the Board of Transportation; and the Court Administrator, Supreme Court. Collectively, they ensure apprehension cases and dispositions are promptly submitted and reported for central recordkeeping.
They must submit the cases within seventy-two (72) hours from the time of apprehension.
When the apprehension is uncontested, the Director of BLT (or duly authorized representative) may impose the charges prescribed under Section 56 of RA 4136, as amended by BP Blg. 398.
They must be referred for disposition to the appropriate fiscals office or court, which must submit a report within seventy-two (72) hours from the date of disposition of the case to the Director of BLT pursuant to Section 58 of RA 4135.
Courts or fiscals must submit a report to the Director of BLT within seventy-two (72) hours from the date of disposition of the case, pursuant to Section 58 of RA 4135.
An up-to-date and comprehensive record of all apprehension cases furnished by law enforcement agencies and courts, as well as cases where an administrative penalty is imposed, in accordance with the provisions of LOI No. 1444.
The Director is authorized to promulgate the necessary implementing rules and regulations, subject to approval of the Minister of Transportation & Communications.
It is effective on January 1, 1985.
It implies that while BLT has exclusive administrative authority to suspend or revoke for cause under RA 4136 as amended, courts still retain jurisdiction to act in appropriate cases (e.g., challenges, judicial review, or other matters within court authority).
It provides a mechanism where uncontested apprehension cases may be resolved administratively by BLT using the charges prescribed by Section 56 of RA 4136, as amended by BP Blg. 398, while contested matters go to fiscals/courts.
Because accurate records help ensure effective removal of incompetent and unqualified drivers and help eradicate the use of spurious land transportation documents.
It is capable of recording all transactions regarding driver licenses, registration of motor vehicles, and apprehension cases of drivers and vehicles, among others.
(1) Section 56 of RA 4136 (as amended by BP Blg. 398) for the administrative charges/penalties; and (2) Section 58 of RA 4135 for the reporting requirement by courts/fiscals to BLT.