Question & AnswerQ&A (LTO MEMORANDUM CIRCULAR NO. 544-2004)
The declared policy of the LTO is to protect the interest of the government, the transacting public, and the transportation industry.
The parties involved are the Complainant (Apprehending Officer or person issuing the Temporary Operator's Permit or Apprehension Report), the Respondent (the person charged with the violation), and the Intervenor (any person claiming an adverse right or interest other than the driver/operator).
Litigable cases are contested violations requiring hearings where parties can present evidence under oath, while non-litigable cases are violations admitted by the respondent and decided without a hearing, based on the schedule of fines and penalties.
Grounds include presentation of original and authentic documents controverting the violations, lack of jurisdiction, failure or refusal of the apprehending officer or prosecutor to prosecute, and willful refusal to perform lawful orders of the TAS or Regional Director.
It must include the name and address of the respondent, violations charged, vehicle plate number and driver's license number, name and address of the apprehending officer, signature of the apprehending officer, and other information necessary to clarify the violation.
Service is made in person or by leaving a copy to a competent person of suitable age and discretion at the residence or office of the addressee. If refused, service is effected by leaving the copy at the residence or office. Summons can also be served by registered mail if personal service is impractical.
The complainant presents evidence first with direct examination, followed by cross-examination by the respondent. The respondent then presents evidence, followed by cross-examination by the complainant. After presentations and formal offers of evidence, the case is submitted for resolution.
The Director of the Law Enforcement Service at the Central Office acts as the ex officio Chief Prosecutor and may designate a representative in writing.
Only the violation carrying the higher penalty is imposed or collected after proper determination and approval by the TAS Director or Regional Director.
A Hearing Officer must be a college graduate of a four-year course, occupy a position with at least salary grade 15, have at least two years experience related to law enforcement or adjudication at the LTO (unless a full-fledged lawyer), and be designated in writing by the TAS or Regional Director with approval by the Assistant Secretary.