Legal basis and intended legal framework
- The Letter of Instructions relies on Batas Pambansa Bilang 398, which amends Republic Act No. 4136, while preserving the courts’ authority in appropriate cases.
- The Letter of Instructions recognizes the Bureau of Land Transportation’s exclusive power and authority to suspend or revoke, for cause, any driver’s license issued under Republic Act No. 4136.
- The Letter of Instructions also references the disposition/reporting framework under Section 58 of Republic Act No. 4135.
Policy and purpose of centralization
- The Letter of Instructions orders centralization of all records of violations and disposition of traffic cases for efficient collation and retrieval.
- The Letter of Instructions requires an efficient and accurate system for recording adjudication of cases involving land transportation and traffic violations.
- The Letter of Instructions aims to ensure effective removal of incompetent and unqualified drivers.
- The Letter of Instructions seeks to eradicate the use of spurious land transportation documents.
- The Letter of Instructions is grounded on the Bureau of Land Transportation’s possession of an on-line computer system capable of recording driver license, motor vehicle registration, and apprehension transactions.
Covered apprehension cases and record flow
- Law enforcement and peace officers and other agents designated by the Director of the Bureau of Land Transportation must submit apprehension cases for violations of the traffic code and existing land transportation laws and rules.
- The submission requirement covers all cases of apprehension arising from traffic-law enforcement.
- The record flow includes apprehension cases where the violator’s apprehension is uncontested.
- The record flow also includes apprehension cases where charges are contested or denied, or where the penalty cannot be imposed administratively by the Director of the Bureau of Land Transportation.
- The Bureau of Land Transportation maintains comprehensive records of apprehension cases furnished by law enforcement agencies and courts, including cases with administrative penalties.
Submission deadlines and required reports
- Designated law enforcement and peace officers and other agents must submit apprehension cases within seventy-two (72) hours from the time of apprehension.
- In contested/denied or out-of-scope cases, the appropriate fiscal office or Court must submit a report within seventy-two (72) hours from the date of disposition to the Director of the Bureau of Land Transportation.
Administrative penalty for uncontested apprehension
- When an apprehension is uncontested, the Director of Land Transportation or a duly authorized representative may impose an administrative penalty.
- The administrative charges imposed in uncontested cases must be the charges prescribed under Section 56 of Republic Act No. 4136, as amended by Batas Pambansa Bilang 398.
Referral to fiscals or courts for contested matters
- Apprehension cases are referred for disposition when the charges or imputed violations of applicable traffic rules are contested or denied.
- Apprehension cases are also referred when the imposable penalty does not fall within the administrative and regulatory power of the Director of the Bureau of Land Transportation to impose.
- The appropriate fiscal office or Court disposes of the case and then submits the required report to the Director of the Bureau of Land Transportation within seventy-two (72) hours from the date of disposition.
Record maintenance and availability
- The Bureau of Land Transportation must maintain an up-to-date and comprehensive record of all apprehension cases furnished under the Letter of Instructions.
- The Bureau must include records of apprehension cases supplied by all law enforcement agencies and courts.
- The Bureau must also include records of cases where an administrative penalty was imposed.
Implementing rules authority
- The Director of the Bureau of Land Transportation is authorized to promulgate the necessary implementing rules and regulations.
- Implementing rules must be subject to the approval of the Minister of Transportation & Communications.