Title
LTO Rules on Traffic Adjudication Process
Law
Lto Memorandum Circular No. Avt-2015-1923
Decision Date
Mar 18, 2015
LTO Memorandum Circular No. AVT-2015-1923 establishes strict guidelines for the adjudication of traffic violations, requiring timely written protests, expeditious resolutions by the Traffic Adjudication Service, and clear procedures for the release of confiscated licenses and vehicles.
administrative law
adjudication process
traffic law

Policy and guiding purposes

  • The circular requires strict implementation of adjudication guidelines to enhance law enforcement operations.
  • The circular requires strict implementation of adjudication guidelines to ensure the integrity of the adjudication process.

Definitions and core adjudication concept

  • The circular uses Traffic Adjudication Service (TAS) as the body that receives written protests and resolves contested cases.
  • The circular treats a written protest/position paper as the mechanism to contest an apprehension.
  • The circular distinguishes between admitted cases and contested cases, based on timely filing of the written protest.

Scope: who files, where, and when

  • A written protest (which may be in the form of a position paper) must be filed with the TAS within five (5) days from apprehension to contest the apprehension.
  • If apprehension is made by members of the Regional Law Enforcement Unit (RLEU) (except for the National Capital Region [NCR]), the protest is filed with the District Office of the concerned Region and transmitted to the Regional Office TAS within twenty four (24) hours from receipt.
  • If apprehension is made by enforcers of the LTO Central Office or members of the RLEU of NCR, the protest is filed directly with the Central Office TAS for adjudication.
  • The TAS must resolve contested cases within five (5) days from its receipt of the written protest.
  • Resolutions of contested cases must be approved by either the TAS Director or the Regional Director.

Admission, executory effect, and finality

  • Failure to timely file a position paper results in consideration of the apprehension as an admitted case.
  • Admitted violations must be immediately executory and require no Resolution.
  • In contested cases, failure to appeal within five (5) days from receipt by the protestant of the TAS resolution makes the decision/resolution final and executory.

Case assignment and hearing structure

  • The Administrative/Records Officer of the TAS conducts a raffle of contested apprehension cases before assigning them to hearing officers.
  • Hearing officers must immediately resolve the contested cases.
  • Hearing officers tasked to adjudicate and resolve contested cases must be permanent employees of the LTO.
  • Hearing officers must meet the minimum qualifications under Memorandum Circular No. 544-2004.

Hearing officer requirements and qualifications

  • Hearing officers must be at least a college graduate of a four (4) year course.
  • Hearing officers must occupy a position/item at least salary grade fifteen (15).
  • Hearing officers must have at least two (2) years experience performing functions at the LTO relative to law enforcement or adjudication.
  • If the hearing officer is a full pledged lawyer, the two (2) years experience requirement may be disregarded.
  • Hearing officers must be designated in writing as hearing officer by the TAS Central Office Director or the appropriate Regional Director, subject to approval of the LTO Assistant Secretary.

Disqualification and inhibition of hearing officers

  • A hearing officer is disqualified if the hearing officer or any relative within the fourth degree of consanguinity or affinity is interested in the outcome of the apprehension case.
  • The apprehending enforcer cannot be designated as hearing officer at the same time regarding his or her own apprehension.
  • A hearing officer may voluntarily inhibit from adjudicating an apprehension case on any just and valid ground.

Handling guideline violations and combined charges

  • If there is failure to observe the guidelines in the implementation of the JAO and violations are indicated as covered, included, absorbed, interrelated, accessory, component part, or mere duplication of another violation in the same TOP, the penalty for the violation carrying the higher penalty shall be imposed, or collected from the traffic violator.
  • The higher-penalty determination must be made after proper determination of the case.
  • Proper determination must be approved by the TAS Director or the Regional Director, or their duly authorized approving officer.

Protest during detention for crimes/felonies

  • If the apprehended driver is detained because the committed violation is also a crime or felony and the driver is under custody, the period to protest is not extended.
  • Any statement made and submitted by the detained driver regarding the case may be admitted by the TAS if a copy is furnished to the TAS.
  • Any resolution or communication must be sent to the driver where detained, and must be made known to the TAS.

Exclusive pleadings and barred motions

  • Only Position Paper/Written Protest may be filed and entertained by the TAS.
  • The following pleadings shall not be given due course, as previously provided under Memorandum Circular No. 544-2004 and herein adopted:
    • Motion to extend validity of Temporary Operators Permit (TOP).
    • Motion for bill of particulars.
    • Motion to lift or shorten the suspension period of driveras license, Motor Vehicle plates, Official Receipt of Registration or Certificate of Registration.
    • Motion to reduce fine.
    • Motion to release confiscated plates, official receipt of registration and Certificate of Registration before the connection of defects.

Appeal from TAS denial of protest

  • From receipt of the TAS resolution, the party may elevate the matter to the LTO Assistant Secretary with the complete records of the case within ten (10) days from receipt by the protestant of the resolution.
  • The LTO Assistant Secretary decision/resolution is appealable to the Secretary of the Department of Transportation and Communications within ten (10) days from receipt.
  • In cases of appeal, the LTO Assistant Secretary must transmit all records of the case to the DOTC Secretary.

Release of confiscated driver’s license

  • Release of a confiscated Driver’s License may be effected when the claimant is absolved of the apprehension or after payment of the fine.
  • Prior to release, the claimant must present:
    • A copy of the TAS Resolution, or an Official Receipt if admitted.
    • The Pink or Driver’s Copy of the TOP.
    • Any document identifying the claimant.
    • Proof of payment of the fine, if applicable.
    • Other documents stated in the resolution.

Release of confiscated/impounded motor vehicles and items

  • Only:
    • an order from the appropriate Court or Prosecutor, or
    • a resolution of the TAS, or
    • service of suspension releasing any confiscated item and/or impounded motor vehicle
      can cause release of such item(s) and/or motor vehicle(s).
  • For release of an impounded motor vehicle by virtue of a TAS resolution, the claimant must present:
    • A copy of the TAS Resolution.
    • The original IRMV (Impound Receipt of Motor Vehicle).
    • Copies of the CR and updated OR.
    • Payment of the fine, if applicable.
    • LTFRB Franchise Verification, when appropriate.
    • Stencil of motor and chassis numbers.
    • Other documents stated in the resolution.
  • If the motor vehicle was/is used in a crime or is discovered as carnapped, release is effected only upon:
    • the order of the Court where such matter is pending; or
    • if still pending before the Office of the City/State Prosecutor, the order of the appropriate Investigating Prosecutor.
  • The motor vehicle, its plate, accessories, or any item found therein may not be released unless ordered by the Court or Prosecutor, because the items are evidence.
  • The LTO may turn over evidence custody to proper authorities upon approval by the Court or Prosecutor.
  • The same rule applies to motor vehicles not actually impounded but in the LTO’s custody, including a motor vehicle driven by an unlicensed person that remains with LTO until driven by an authorized driver.
  • If an illegal item is found inside a motor vehicle—including unregistered firearm, explosives, dangerous drugs, prohibited items, paraphernalia, cadaver/body parts/organs, other items outside the commerce of men, state secrets, plans/prints for the commission of a crime—the enforcer must immediately report to the nearest police station or Barangay.
  • Such illegal item must not be removed from the motor vehicle, and both the motor vehicle and items must remain in the LTO’s custody until turned over to proper authorities and duly accounted for by the enforcer.
  • The enforcer is administratively liable if any illegal item is removed from the motor vehicle, and the enforcer is criminally charged with illegal possession of the same.
  • The same rule applies if what is found inside a motor vehicle is a living person.
  • Service of the motor vehicle suspension does not release the motor vehicle; it remains in LTO custody until ordered by the appropriate Court or Prosecutor, or—prior to case filing—released to proper authorities as custodial egis or pursuant to ongoing/further investigation.
  • Any LTO officer releasing such item/motor vehicle or releasing a driver’s license not in accordance with the guidelines is held administratively liable, accountable for third-party claims, and subject to filing of appropriate criminal complaint(s).

Hearing officer appointment and approval

  • Hearing officers must be designated in writing by the TAS Central Office Director or appropriate Regional Director, subject to approval of the LTO Assistant Secretary.

Statutory compliance linkage: RA 4136 reference

  • Section 29 of Republic Act No. 4136 requires law enforcement and deputized agents, upon apprehending a driver for any violation of RA 4136 or regulations issued pursuant thereto, or of local traffic rules and regulations not contrary to RA 4136, to confiscate the license and issue a receipt prescribed by the Bureau (LTO).
  • The receipt authorizes the driver to operate a motor vehicle for a period not exceeding seventy-two hours from the time and date of issue.
  • The period fixed in the receipt does not extend and becomes invalid thereafter.
  • Failure to settle the case within fifteen days from the date of apprehension is a ground for suspension and/or revocation of the driver’s license.

Implementing anchors and prior circular guidance

  • The circular adopts the protest-and-adjudication framework under JAO No. 2014-01 and directs strict implementation of its adjudication process.
  • The circular adopts the barred motions rule previously provided under Memorandum Circular No. 544-2004, which is superseded by JAO 2014-01, and herein adopted for TAS proceedings.

Signature and official position

  • The circular is signed by Atty. Alfonso V. Tan, Jr., Assistant Secretary.

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