CSC policy on unpaid leave adjacent to holidays

Policy purpose and governing structure

The circular establishes guidelines governing the deputation of non-LTO government employees for enforcement of transportation and traffic laws.
The circular creates a Deputation Evaluation Committee (DEC) as the lone body that may recommend approval of applicants for deputation of non-LTO employees.
The circular requires structured training and continuing education for deputies through the Traffic Safety Division (TSD) under the DEC’s supervision.
The circular provides a framework for qualification requirements, deputation administration, and revocation for cause.
The circular sets operational duties for deputized agents during arrest and/or apprehension activities.

Deputation Evaluation Committee (DEC)

A Deputation Evaluation Committee (DEC) is created and is the lone body that may recommend approval to the Assistant Secretary or Regional Director for deputation applicants.
LTO permanent employees whose work is directly and actually related to traffic law enforcement need not be deputized to perform their functions.
The DEC is tasked to evaluate qualifications and supervise the administration of seminars/orientation on enforcement of transportation and traffic laws.
The Central Office DEC is composed of the Executive Director as Chairman, and the Directors of the Law Enforcement Service and Traffic Adjudication Service as members.
The Regional DEC is composed of the Assistant Regional Director as Chairman, and the Chiefs of the Operations Division and the appropriate District Office Head as members.
When a designated DEC member is unable to sit due to official leave, the Assistant Secretary or Regional Director may designate an alternate member.
For Region IV-B, where there is no Assistant Regional Director, the Chief of the Operations Division shall serve as Chairman.
No person may be deputized by the Assistant Secretary or Regional Director without a DEC recommendation.
Disqualified/disallowed persons and applicants may not appeal denial/disallowance when it is rendered by the DEC with cause.

Training, examination, and continuing education

Training seminars for applicants are conducted by the Traffic Safety Division (TSD) under the supervision of the DEC.
Applicants must be required to pass theoretical examinations, psychological evaluation, and an interview, if deemed proper.
After deputation is made to qualified applicants, the DEC, through the TSD, must ensure continuing education and must conduct updates seminars whenever new laws, ordinances, orders, or system processes take effect or have taken effect during the validity of deputation.
All deputation applicants must undergo a traffic law enforcement seminar with modules covering:
- Historical Background, Organization, Functions of LTO
- Traffic Administration in the Philippines
- Motor Vehicle Registration
- Driver’s Licensing
- Traffic Law Enforcement: Background, Objectives
- Traffic Laws, Rules and Regulations
- Traffic Law Enforcement Actions and other related topics
- Filipino Values and Liabilities of Traffic Law Enforcers deputized by the LTO
The DEC maintains a database of those issued Deputation Orders, IDs, TOP booklets, and the applications and other records of deputies.

Deputized agents: who qualifies

Deputation qualifications apply to:
- Government employees occupying regular position items whose work is directly and actually related to traffic law enforcement.
- Officers of the AFP/PNP/HPG/LGU/DPWH/DENR whose duties in their present assignment are directly and actually related to transportation and traffic law enforcement.
Applicants must submit the following requirements:
- Certified True Copy of Certificate of Employment or Appointment
- Endorsement from the Head of Office/Agency
- Two 2x2 photos, signed at the back
- Certificate of no pending case (administrative and/or criminal) signed by the Head of Office
- Clearance from Law Enforcement Agencies including Philippine National Police and National Bureau of Investigation
Applicants who comply with requirements must attend and complete a deputation seminar consisting of 6 areas.
The TSD forwards examination results to the DEC within five (5) days from the examination date.
The DEC Secretariat maintains a database of those who passed the examination and have been issued Deputation Orders, IDs, and TOP booklet/s, including applications and records.
Previously deputized agents who failed to surrender any deputation paraphernalia issued to them are disqualified from applying anew under these guidelines.
If an enforcer’s deputation is revoked, the enforcer may no longer be deputized by the Assistant Secretary, and vice versa.
For coordination, the Regional Office DEC must inform the Central Office DEC and vice versa of enforcers whose deputation was revoked.

Revocation of deputation: grounds and process

Deputation may be revoked 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
- Failure to properly fill up TOP
- Any offense involving moral turpitude
- Separation from the government service
A written complaint may be filed with the DEC and it commences an action for revocation.
Notice must be served on the complainant and the Deputized Agent.
If the deputized agent fails to appear on the date and time set in the notice, the failure is deemed a waiver of the right to adduce evidence.
The DEC makes its recommendation motu proprio based on records and evidence at hand.
The revocation procedure is summary in nature while still allowing due process through the filing of an answer by the accused deputized agent/enforcer.
The DEC’s decision on revocation does not require complaints to other government offices or courts.
An Order revoking the deputation is final and executory.
Revocation requires the agent to surrender the deputation ID and the TOP issued to him/her under pain of administrative liability.
The Revocation Order must be published in a newspaper of general circulation.

Deputized agents: duties during enforcement

Deputized agents must, at all times when making arrest and/or apprehension and when performing duties as such, wear:
- Official uniform
- Official ID
- Official LTO Deputation ID
Deputized agents must follow the following steps to effect arrest/apprehension for violations of RA 4136 and related laws:
- Inform the driver of the specific violation(s) and settle the case with the LTO District/Central Office within 72 hours.
- Completely fill up the TOP with dispatch without necessary delay/argument:
  - Mandatory data must include:
    - Complete name and specific address of the driver
    - Driver’s license (DL) number
    - Receipt (DLR) number
    - Plate number
  - Cite the TOP-listed violation(s) by marking the same with an “aXa”.
  - For other violations, write and specify the violation(s) using the list of violations of Land Transportation and related laws found on both sides of the back cover of the TOP booklet; otherwise, write and specify the violation in coded/abbreviated form.
  - Each violation must cite the specific section of the law and penalty.
  - Fill in the place of apprehension, date and time.
  - Indicate accident status.
  - Indicate summons requiring the driver to appear at the specific LTO District Office/Central Office within 72 hours by encircling the proper venue.
  - Require the driver to affix his signature on the TOP acknowledging and promising to appear at the indicated venue and advising that if the driver fails to settle the case within fifteen (15) days from date of apprehension, the driver’s license will be suspended.
- State specific facts, data, and information enabling the adjudicating officer to arrive at a fair decision.
- Confiscate the driver’s license and/or license plates and issue TOP (yellow copy), or impound unit at an impounding area designated by LTO and issue MVIR to the driver/operator concerned.
- Submit an Apprehension Report (white copy together with the driver’s license) to the adjudicating entity venue strictly within Twenty Four (24) hours, and affix signature.
Deputized agents must print their complete name, unit, and station with a rubber stamp facsimile thereof on the space provided on the TOP.
Deputized agents must surrender the used TOP booklet (pink copies) when requesting a new TOP booklet with a mandatory summary report of all apprehension.
Deputized agents must surrender the issued TOP booklet and ID upon renewal/termination/revocation of deputation.

Repeal and compliance mandate

All previous Orders and Memoranda inconsistent with these deputation guidelines are repealed.
The memorandum circular directs guidance and strict compliance with its provisions.