Legal basis and controlling principle
- The guidelines are premised on the principle that deputation is only a privilege and not a right.
- The memorandum is issued pursuant to the provisions of Republic Act No. 4136.
- The Assistant Secretary is the acting authority for deputation matters under the memorandum’s structure.
Deputation Evaluation Committee (DEC)
- The memorandum creates the Deputation Evaluation Committee (DEC) under the Office of the Assistant Secretary.
- The DEC is tasked to evaluate all applications for deputation.
- Regional Directors must recommend qualified applicants only to the Assistant Secretary.
- The Assistant Secretary shall act on all applications for deputation.
- After approval by the Assistant Secretary, Regional Directors must exercise direct supervision and control over deputized agents in their respective areas of responsibility.
Who may be deputized
- Deputized agents must be drawn from eligible categories recognized by the memorandum.
- A deputized agent may be a civilian government employee occupying permanent position items whose assignments are directly and actually related to traffic law enforcement.
- A deputized agent may be a member of the AFP/PNP whose duties in the current assignment are directly and actually related to traffic law enforcement.
- A deputized agent may be an other government employee whom the Assistant Secretary believes can help enforce Republic Act No. 4136 and related laws, rules, and regulations.
Application requirements and deputation seminar
- Applicants must submit their requirements to the DEC.
- Every applicant must submit a certified photocopy of Certificate of Employment (or appointment contract).
- Every applicant must submit an application form duly endorsed by the Head of Office.
- Every applicant must submit Two (2) a2a x a2a photos (signed at the back).
- Applicants who complied with the documentary requirements must attend a Deputation Seminar.
- The deputation seminar must cover the following subject areas:
- Pertinent land transportation laws, rules and regulations, such as Republic Act No. 4136 and the Public Service Act;
- Conduct and procedure in the apprehension of traffic violators;
- Filipino values and the responsibilities of law enforcers;
- The LTO and other government agencies;
- Traffic direction and control;
- Life saving techniques and administration of first aid;
- Applicable laws of the Civil Service.
- Regional Directors must provide for the training and examination of applicants in their respective offices.
- The Traffic Safety Division under the LTO Law Enforcement Service must conduct the training of the applicants to be assigned by the staffs of the regional offices concerned.
Records, deputation IDs, and TOP booklets
- The Secretariat of the DEC must maintain a complete list of deputized agents.
- The Secretariat must maintain records including applications of deputies, deputation orders, IDas, TOP booklets, and other relevant documents.
Grounds for revocation and disqualification
- Revocation of deputation may be based on any of the following grounds:
- Discourteous conduct
- Extortion
- Negligence
- Insubordination
- Grave Misconduct
- Abuse of Authority
- Incompetence and Inefficiency
- Corruption
- Failure to submit apprehension within 24 hours from the date and time of apprehension
- Failure to submit apprehension report
- Any offense involving moral turpitude
- Separation from the government service
- Dishonesty
- Death
- Previously deputized agents who fail to surrender any deputation paraphernalia issued to them must be disqualified from applying anew under these guidelines.
- Previously deputized agents who are disqualified must be proceeded against pursuant to other applicable laws.
Revocation procedure and preventive suspension
- A written complaint may be filed before the DEC or through the Regional Director concerned.
- A written complaint received by the Central Office must be referred to the DEC, which must commence action on the matter.
- The Internal Affairs Unit must assist in the investigation of the complaint.
- Pending resolution of the complaint, the Assistant Secretary may order preventive suspension of the deputized agent to preclude any incident of harassment of the complainant.
- Notice must be served on the deputy.
- If the deputy fails to appear on the date set in the notice, the Committee must act on the case ex parte motu proprio.
- The DEC’s findings must be approved by the Assistant Secretary.
- Upon revocation of the deputation order, the agent must surrender his deputation ID and the TOP issued to him.
- The Assistant Secretary, as approving authority, may motu proprio revoke, cancel or suspend a Deputation.
Repeal of conflicting issuances
- All previous orders/memoranda that are in conflict with these guidelines are repealed.