Title
Guidelines on Regional Adjudication Functions
Law
Lto Memorandum Circular No. Acl-2009-1185
Decision Date
Jul 14, 2009
The LTO Memorandum Circular No. ACL-2009-1185 establishes guidelines for the uniform implementation of adjudication functions at the regional level, transferring responsibilities to the Assistant Regional Director and ensuring personnel qualifications and checks and balances in law enforcement operations.

Purpose and policy on adjudication functions

  • The Circular directs a general application and uniform implementation of Memorandum Circular No. ACL-2009-1123 at the regional level.
  • The Circular establishes updated allocation of adjudication responsibilities between regional offices and district offices.
  • The Circular requires guidelines to be strictly observed for proper disposition of apprehension cases.

Scope: regional vs district adjudication

  • The Circular applies at the Regional Office level for apprehension-case adjudication.
  • The Circular directs that the existing procedure is retained at the District Offices.
  • The Circular governs apprehension cases processed in the regional system and the appeal flow from district to regional adjudication.
  • The Circular states that district-level apprehensions remain recorded, evaluated, encoded, adjudicated, and disposed at the district level.

Transfer of adjudication to Assistant Regional Director

  • The Circular transfers the adjudication function of the Operations Division in the regions to the Office of the Assistant Regional Director.
  • The Circular designates the Assistant Regional Director as the Approving Officer in all apprehension cases, including cases under appeal from district offices.
  • The Circular requires Regional Directors to ensure the transfer is implemented through personnel reassignment.

Personnel reassignment and staffing standards

  • The Circular instructs all Regional Directors to cause reassignments of personnel in the Operations Division performing adjudication functions to assist the Assistant Regional Director.
  • The Circular requires that personnel assigned to assist the Assistant Regional Director must at least be a Transportation Regulations Officer (TRO) / Public Utility Regulations Officer (PURO) holder or be at salary grade level 11, preferably with a background in law study.
  • The Circular requires continued enforcement of multi tasking in the Operations Division due to lack of personnel.

Supervision, checks and balances

  • The Circular requires that the supervision of field enforcement by the Chief of the Operations Division continues.
  • The Circular enforces a “check and balance” principle by requiring that personnel assigned to the Assistant Regional Director’s office for adjudication are no longer eligible for deputation as members of the law enforcement team.
  • The Circular further requires that the same adjudication-assisting personnel are no longer allowed to apprehend motor vehicles for enforcement of Republic Act No. 4136 and its related laws, rules, and regulations.

Special rule for regions without assistant regional directors

  • The Circular applies a discretion rule for regions where there are no functional assistant regional directors, including Region IV-B.
  • For such regions, the Regional Director is given free hand or discretion to designate qualified personnel and staff to do the adjudication function.
  • The Circular requires that the office order issued for this designation is furnished to the Office of the Assistant Secretary for records purposes.

Procedure flow: district recording vs regional disposal

  • The Circular requires that apprehensions submitted to District Offices by duly deputized law enforcement agents must be recorded, evaluated, encoded, adjudicated, and disposed thereat.
  • The Circular requires that appealed cases from district offices must be forwarded to the Office of the Assistant Regional Director for proper disposal.
  • The Circular assigns that adjudication by the Operations Division is performed at the Regional Office, consistent with the transfer of the adjudication function.

IT system and change order approvals

  • The Circular directs that to facilitate approval of change orders for transfer of workstations, Assistant Regional Directors must submit:
    • a Request for the installation of LTO-IT system to their workstation; and
    • a Request for User Security Update (RUSU) for LTO users of the law enforcement and traffic adjudication system (LETAS) to reflect new user/add role/delete role.
  • The Circular requires that these submissions are made to support approval processes tied to workstation transfers and security-role updates.

Supersession and compliance

  • The Circular states that all orders, memoranda, and other issuances inconsistent with it are deemed superseded and/or otherwise modified accordingly.
  • The Circular directs strict compliance with the guidelines.

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