Legal basis and controlled practice
- Section 30 of Republic Act No. 4136 provides that a Student Driver who fails in the examination for a professional or non-professional license shall continue as Student Driver and shall not be allowed to take another examination at least one month thereafter.
- The circular directs that prior LTO practice that allowed all failed applicants to retake the examination after only one month (regardless of coverage) runs counter to Section 30 of Republic Act No. 4136.
- The circular treats the “Student Driver” contemplated by Section 30 of Republic Act No. 4136 as a holder of a Student Permit who is applying for a new license and failed in the new license examination.
Core retake rule: when to retake
- The circular provides that only student driver applicants who failed in the examination for new license are governed by the one-month later retake restriction under Section 30 of Republic Act No. 4136.
- For those governed transactions, the circular keeps the statutory consequence that the applicant continues as Student Driver and is not allowed to take another examination at least one month thereafter under Section 30 of Republic Act No. 4136.
Transactions not covered by Section 30
- The circular lists specific license transactions that are not covered by the Section 30 of Republic Act No. 4136 retake restriction (and therefore follow the retake allowance described below).
- Applicants failing in any of these listed transactions are allowed to take another examination:
- Delinquent for more than two (2) years or more.
- Change status from non-professional to professional.
- Additional restriction code.
- Conversion of expired foreign license.
Retake permission and fee requirement
- For the listed transactions, applicants who failed in the examination are allowed to take another examination anytime at their convenience and preference.
- The privilege to retake in these transactions is conditioned on payment of an application fee of PHP 25.00.
- The circular requires applicants to complete the retake process only after payment of PHP 25.00 application fee.
Compliance directive and responsible officer
- The circular orders strict compliance by all concerned licensing centers and district offices.
- The circular is signed by Annelí R. Lontoc, Assistant Secretary.