QuestionsQuestions (LTO MEMORANDUM CIRCULAR NO. 518-2004)
It is issued pursuant to Section 56(N) of Article VI of Republic Act (RA) No. 4136 and Section 3(a) of Executive Order (EO) No. 266.
It applies when, as a result of negligence or reckless driving or unreasonable fast driving, an accident occurs resulting in the death or injury of any person.
There must be negligence, reckless driving, or unreasonable fast driving; and an accident must occur resulting in death or injury to any person.
TAS is empowered to hear and decide cases involving violations of laws, rules, and regulations governing land transportation and to impose fines and penalties.
Violations resulting in damage to property and/or physical injuries or offenses punishable under the Revised Penal Code or other penal laws are under the jurisdiction of the regular court.
It sets guidelines on the enforcement and adjudication of apprehension cases involving damage to property, physical injury, or death.
Final disposition of the criminal and/or civil case is left to the discretion of the proper court.
It must be duly attested to by both parties that no case is filed in court.
LTO shall adjudicate and decide the case by imposing a penalty on the erring party.
Because the TAS/LTO adjudication is guided by jurisdictional limits—where penal-law offenses or matters under regular court jurisdiction exist, courts decide; otherwise, LTO adjudicates when no court case is filed.
Accidents involving damage to property, physical injury, or death.
By imposing a penalty on the erring party as decided by LTO.
It serves as the condition/verification requirement for LTO to proceed with adjudication when no court case has been filed.
It indicates that violations constituting offenses punishable under the Revised Penal Code or other penal laws fall under the regular court’s jurisdiction.
It implies liability based on negligence, reckless driving, or unreasonable fast driving resulting in death or injury, leading to punishment under the Revised Penal Code upon conviction.