Question & AnswerQ&A (LTO Memorandum Circular No. AVT-2015-1923)
The guidelines aim to enhance law enforcement operations and ensure the integrity of the adjudication process regarding apprehensions and traffic violations.
A written protest must be filed within five (5) days from the date of apprehension.
The protest shall be filed with the District Office of the concerned Region, which will then transmit it to the Regional Office TAS within twenty-four (24) hours of receipt.
The protest shall be filed directly with the Central Office TAS for adjudication.
Failure to timely file the position paper results in the apprehension being considered as an admitted case, which is immediately executory and requires no resolution.
The TAS resolution becomes final and executory.
The TAS resolutions must be approved by either the TAS Director or the Regional Director.
From receipt of the resolution, the party may elevate the matter to the LTO Assistant Secretary within ten (10) days, who will issue a decision which is further appealable to the Secretary of the Department of Transportation and Communications within ten (10) days.
Motions to extend the validity of Temporary Operator's Permit (TOP), motions for bill of particulars, motions to lift or shorten suspensions, motions to reduce fines, and motions to release confiscated documents before correction of defects are not entertained.
Required documents include a copy of the TAS resolution or official receipt if admitted, the pink or driver's copy of the TOP, identification documents of the claimant, proof of payment of fines if applicable, and other documents stated in the resolution.
The vehicle can only be released upon an order from an appropriate court or prosecutor, or a resolution from the TAS or service of suspension releasing the item, together with the submission of required documents and payment of applicable fines.
Its release is only allowed upon order of the appropriate court or investigating prosecutor, as the vehicle and items therein may be evidence and must remain in custody.
The enforcer will be held administratively liable and may face criminal charges for illegal possession, as well as accountability for third-party claims.
He or she must be a college graduate of at least a four-year course, hold a position with salary grade 15 or higher, have two years of relevant experience (except if a lawyer), and be designated in writing by appropriate authorities.
They include personal or relative interest in the case within the fourth degree of consanguinity or affinity, being the apprehending enforcer for their own case, or voluntary inhibition for any justifiable reason.
The penalty imposed is the highest penalty among the violations after proper determination and is subject to approval by the TAS Director, Regional Director, or authorized approving officer.
The period to file a protest is not extended, but any statements submitted by the detained driver may be admitted by TAS if a copy is furnished to them, and all communications must be sent to the detained driver.
They must confiscate the driver's license and issue a receipt authorizing the driver to operate a motor vehicle for a period not exceeding seventy-two (72) hours from issuance, with no extension allowed.
This failure is grounds for suspension and/or revocation of the driver's license.