Question & AnswerQ&A (LTO MEMORANDUM CIRCULAR NO. VPT-2010-1417)
The TAS has the quasi-judicial authority to hear, determine, decide, and adjudicate traffic violation cases and impose fines and penalties thereof.
Decisions can be reconsidered by filing an appeal to the LTO Assistant Secretary, then the DOTC Secretary, and finally the President of the Philippines.
The Court of Appeals holds exclusive appellate jurisdiction over TAS decisions except for a few quasi-judicial agencies per Section 9, Republic Act No. 7902.
The respondent must file a verified appeal within fifteen (15) days from receipt of the decision.
No. Adjudication is limited to violations stated in the TOP; additional violations must be filed separately with a new TOP, except for related violations subject to upgrade or downgrade during adjudication.
TAS resolutions become final and are no longer subject to review; the LETAS/Releasing Officer shall enforce the decision without additional requirements once fines and penalties are paid.
Fines can be settled separately by driver or owner, and only confiscated items relating to the settled violation are released while others remain under LTO custody until final settlement.
Law enforcers must impound the motor vehicle (technical or actual) along with confiscating the Certificate of Registration/Official Receipt and Driver’s License; they must not confiscate only the driver’s license or license plates.
They must specify the actual and final violation committed and avoid tentative charges to facilitate adjudication.
Violations requiring mandatory impoundment include: Colorum Operation; Out of Line Operation; Unregistered or delinquently registered motor vehicle; Driving without or with delinquent driver's license; Expired Certificate of Public Convenience.
All orders or memoranda inconsistent with this memorandum are deemed superseded or modified accordingly.