LTO Guidelines on Accidents Enforcement

Section 56 (N), Article VI of Republic Act No. 4136 provides that if negligence or reckless driving or unreasonable fast driving results in death or injury, the motor vehicle operator at fault shall be punished upon conviction under the Revised Penal Code.
Executive Order No. 266, Section 3(a) creates the Traffic Adjudication Service (TAS) and empowers it to hear and decide cases involving violations of laws, rules, and regulations governing land transportation and to impose fines and penalties.
Executive Order No. 266, Section 3(a) also provides a jurisdictional limitation: violations resulting in damage to property, physical injuries, or offenses punishable under the Revised Penal Code or other penal laws are placed under the jurisdiction of the regular court.
LTO Memorandum Circular No. 518-2004 implements these jurisdictional boundaries for accident-related apprehension cases involving property damage, physical injury, or death.

The circular establishes guidelines for the enforcement and adjudication of apprehension cases involving damage to property, physical injury, or death.
The circular directs strict compliance with the rules on whether accident-related matters are handled by the court or by the LTO.

The guidelines apply to apprehension cases involving damage to property, physical injury, or death arising from road accidents.
The central operational distinction is whether a case is filed in court in connection with the accident.
The guidelines direct handling of both criminal and civil aspects when a case is filed in court.

If a case is filed in court in connection with the accident, the final disposition of the criminal and/or civil case is left to the discretion of the proper court.
If no case is filed in court, the LTO adjudicates and decides the case by imposing penalty on the erring party.
The “no court case filed” situation must be duly attested to by both parties to authorize LTO adjudication.
The guidelines define the LTO adjudication track as an in-LTO penalty imposition for the erring party when court filing does not occur.

The circular requires that when LTO adjudicates due to the absence of a filed court case (duly attested by both parties), the LTO imposes a penalty on the erring party.
The circular ties the court track to matters that, under the legal basis, involve offenses punishable under the Revised Penal Code or other penal laws, placing them under regular court jurisdiction.

The circular instructs LTO personnel and stakeholders to follow the guidelines for guidance and strict compliance.
The guidelines are adopted on 26 May 2004 through the signature of AnnelI R. Lontoc, Assistant Secretary.