Question & AnswerQ&A (LTO MEMORANDUM CIRCULAR NO. 518-2004)
The basis is provided by Section 56 (N) Article VI of Republic Act No. 4136.
Upon conviction, the motor vehicle operator at fault shall be punished under the provisions of the Revised Penal Code.
The TAS has the power to hear and decide cases involving violations of laws, rules, and regulations governing land transportation and to impose fines and penalties, except for violations resulting in damage to property, physical injuries, or offenses punishable under the Revised Penal Code, which are under the jurisdiction of regular courts.
Regular courts have jurisdiction over violations resulting in damage to property and/or physical injuries, or violations constituting offenses punishable under the Revised Penal Code or other penal laws.
If a case is filed in court, the final disposition of the criminal and/or civil case shall be left to the discretion of the proper court.
If no case is filed in court, as duly attested to by both parties, the LTO shall adjudicate and decide the case by imposing penalty on the erring party.
The attestation by both parties confirms that no court case has been filed, allowing the LTO to proceed to adjudicate and impose penalties on the erring party.
It was adopted on May 26, 2004.
Under the authority granted by R.A. 4136 and Executive Order No. 266, specifically through the powers of the Traffic Adjudication Service to hear and decide such cases except those under regular courts' jurisdiction.