QuestionsQuestions (LTO MEMORANDUM CIRCULAR NO. 544-2004)
To protect the interest of the government, the transacting public, and the transportation industry.
Proceedings in TAS Central Office or LTO regional/district offices are summary and administrative in nature, with quasi-judicial functions, where the technicalities of regular courts are not strictly applied but due process is observed; the Rules of Court are suppletory.
Violations cited in the TOP or apprehension report that are contested by the respondent and cannot be resolved without a hearing where the complainant, respondent, and/or intervenor (or their authorized representatives/counsel) may present evidence under oath.
Apprehensions admitted by the violator; the adjudication officer computes the proper fines and penalties based on citations in the TOP and the authorized schedule.
(a) Readily admitted under oath before the hearing officer during office hours; (b) determined/resolved by original authenticated documents or certified true copies presented under oath during office hours; (c) notations in the same TOP or apprehension report intended to describe a violation already mentioned therein; (d) violations that are covered, absorbed, interrelated, component part, or mere duplication needing no further proceedings.
Upon receipt of a copy of the TOP or Apprehension Report by TAS or the regional/district office, and upon appearance of the respondent (or duly authorized representative/counsel) before the designated hearing officer.
(a) Name and address of respondent; (b) violation/s charged; (c) plate number and driver’s license number; (d) apprehending officer’s name/address/office where summons may be served; (e) signature of apprehending officer; (f) other information necessary to clarify the charges.
TAS Director/CO or Regional Director may dismiss when: (a) respondent presents original and authentic pertinent documents controverting the violations; (b) lack of jurisdiction; (c) failure/refusal of apprehending officer or designated prosecutor to prosecute; (d) willful refusal of apprehending officer/prosecutor to perform lawful orders of TAS Director/Regional Director or designated hearing officer.
The respondent must pay the corresponding prescribed penalty for such prior violation; the apprehension case shall not be dismissed merely because the first (white) copy of the TOP is no longer producible or because the driver is no longer employed by the operator/owner.
No violation shall be dismissed if the respondent is unable to comply with the 24-hour contestability period provided for under the implementing rules for smoke-belching violations.
Serve as custodian of records; assist in preparation of decisions/orders; ensure records are intact including pertinent documents; maintain a logbook for cases received, pending, and resolved for monitoring and retrieval.
In TAS Central Office, the administrative/records officer conducts a raffle before assigning cases to hearing officers; the hearing officers then immediately resolve admitted/non-litigable cases or set for hearing contested litigable cases; the same is observed in regional/district offices.
Summons must be prepared and served in person or by leaving a copy with a competent person in charge (of suitable age and discretion). Refusal to receive is considered effective by tendering/leaving a copy in the residence/office. An affidavit of service must be executed within two days. If personal service is impractical, summons may be served by registered mail.
The hearing date must not be less than three (3) days from receipt of the notice to contest.
Yes. No decision/order/resolution is valid without a hearing conducted in accordance with the rules; however, for admitted non-litigable cases, fines and accessory penalties must be paid/served subject to the pertinent provisions of MC 515, and contested cases cannot be dismissed without approval of the TAS Director/Regional Director.
Complainant presents on direct; respondent cross-examines; re-direct and re-cross; complainant formally offers. Then respondent presents on direct; prosecutor/complainant cross-examines; re-direct and re-cross; respondent formally offers; then the case is submitted for resolution.
A motion for reconsideration may be filed within five (5) days from receipt of the decision/order/resolution. Only one motion is entertained. If denied, an appeal may be filed within ten (10) days from receipt of denial to the LTO Assistant Secretary.
They become final immediately.
Contested cases become final five (5) days after receipt of copy of the decision/order/resolution by the apprehending officer or complainant, provided no motion for reconsideration is filed during that period.