QuestionsQuestions (LTO MEMORANDUM CIRCULAR NO. VPT-2010-1417)
The Traffic Adjudication Service (TAS) was created by EO No. 266 (1987). It discharges the quasi-judicial duties and functions of the Department of Transportation and Communications regarding violations of traffic laws, rules, and regulations—specifically by hearing, determining, deciding, and adjudicating traffic violation cases and imposing fines/penalties.
It means TAS has the authority and independence to hear and adjudicate traffic violation cases and determine the proper outcome (including fines/penalties) within its jurisdiction, subject to available administrative and judicial review procedures.
A TAS resolution may be reconsidered by exhausting administrative remedies: first with the LTO Assistant Secretary, then the DOTC Secretary, and finally the President of the Philippines.
Decisions rendered by TAS may be appealed to the Court of Appeals. The general rule stated is that the Court of Appeals has over-all exclusive appellate jurisdiction (with exceptions for a handful of quasi-judicial agencies).
TAS resolutions are considered final unless appealed by the respondent.
The respondent must file a verified appeal to the Office of the Assistant Secretary within fifteen (15) days from receipt of the decision.
Adjudication is limited to the charges as appearing in the Temporary Operators Permit (TOP). Fines/penalties may only be imposed on the violations charged during the apprehension.
Additional violations discovered thereafter are treated separately and should be covered by a separate TOP for another adjudication to commence, unless the charges can be upgraded or downgraded based on documents presented during adjudication (e.g., failure to carry OR/CR can be upgraded to an unregistered vehicle; failure to carry CPC can be upgraded to colorum operation).
No. In the absence of a motion for reconsideration or appeal, TAS resolutions are no longer subject for review.
The Director of the TAS shall order the review of the case and issue a new resolution.
It allows the driver or the owner/operator to settle the fine/penalty separately. Then, only the confiscated items relating to the settled violation shall be released, while the remaining items stay under LTO custody (LETAS) until final settlement of the remaining fines, including the accessory penalty under Department Order 2008-39.
For mandatory impoundment violations, law enforcers/deputized agents must impound the motor vehicle and may confiscate the Certificate of Registration/Official Receipt and the Driver’s License. Under no circumstances may they confiscate only the driver’s license or only the license plates.
If the violation can be determined right at the time and place of apprehension, the law enforcer must specifically indicate in the TOP the actual and final violation committed and avoid tentative charges (e.g., indicating failure to carry OR/CR when the vehicle is actually unregistered).
Examples include: (a) Colorum Operation; (b) Out of Line Operation; (c) Unregistered/delinquently registered motor vehicle; (d) Driving without or delinquent driver’s license; (e) Fake Driver’s License/Permit; (f) Expired CPC; (g) Driving under the Influence of drugs or liquor; (h) Tampered/Fast taxi meter; (i) Illegal transfer of plates/stickers/tags; and others listed in the circular.
It is to prevent the submission/presentation of unnecessary documents and to facilitate correct and efficient adjudication by ensuring the TOP accurately reflects the actual violation.
All orders or memoranda inconsistent with it are deemed superseded and/or otherwise modified accordingly.