Appeal and Review Process for TAS Decisions
- TAS resolutions are final unless appealed within fifteen (15) days from receipt.
- Appeals are filed as verified documents to the Office of the Assistant Secretary.
- Exhaustion of administrative remedies involves reviews by the LTO Assistant Secretary, DOTC Secretary, and the President.
- Further appeals may be escalated to the Court of Appeals, which holds exclusive appellate jurisdiction over such cases.
Disposition of Apprehension Cases by TAS
- TAS resolutions are final in the absence of appeal.
- Adjudication is restricted to violations listed on the Temporary Operators Permit (TOP).
- Additional violations discovered later must be adjudicated separately with new TOPs.
- Exceptions allow for upgrading or downgrading charges based on presented documents (e.g., failure to carry OR/CR upgraded to unregistered motor vehicle).
- No review is allowed if no motion for reconsideration or appeal is filed.
- LETAS/Releasing Officers must implement decisions strictly without adding conditions once fines and accessory penalties are paid.
- Motions for reconsideration allow case review and new resolutions issued by TAS Director.
Separate Fines and Release Procedures
- Violations involving owners/operators and drivers may have separate fines.
- Settlements can be made separately for each party.
- Only items related to settled violations are released; others remain impounded until full settlement.
- Accessory penalties under Department Order 2008-39 apply.
Procedures for Apprehension of Motor Vehicles Requiring Impoundment
- Law enforcers and deputized agents must impound motor vehicles for specific violations alongside confiscating Registration/Official Receipt and Driver's License.
- Confiscation limited to driver’s license or plates alone is prohibited in these cases.
- Violations must be precisely stated in the TOP at apprehension, avoiding tentative or incorrect charges.
Traffic Violations Mandating Vehicle Impoundment
- Colorum operation
- Out of line operation
- Unregistered or delinquently registered vehicles
- Driving without or with delinquent driver’s license
- Driving by holder of Student Permit without licensed driver accompaniment
- Fake driver’s license or permit
- Expired Certificate of Public Convenience
- Using vehicles different from CPC service type
- Tampered or fast taxi meter
- Expired or no resealing booklet for taxis
- Refusal to convey, giving undue preference to passengers, or refusal to render public service
- Driving under influence of drugs or liquor
- Presentation of fake registration/license documents
- Illegal transfer of vehicle plates, stickers, tags
- Unauthorized off-road vehicle use on public highways
- Unauthorized body/color/engine/chassis changes
- Operating right-hand drive motor vehicles in violation of RA 8506
Superseding Provisions
- All previous orders or memoranda inconsistent with these guidelines are superseded or modified accordingly.
Enforcement and Compliance
- The memorandum is directed for guidance and strict compliance to all concerned officials and personnel.