LTO Traffic Violation Adjudication Guidelines

The memorandum recognizes that the TAS has authority to judicially hear, determine, decide, and adjudicate traffic violation cases and to impose fines and/or penalties (Section 3, Executive Order No. 266).
The memorandum states that TAS decisions are subject to exhaustion of administrative remedies through the LTO Assistant Secretary, then the DOTC Secretary, and finally the President of the Philippines.
The memorandum states that TAS cases may be appealed to the Court of Appeals, because the Court of Appeals has over-all exclusive appellate jurisdiction, subject to exceptions for a handful of quasi-judicial agencies (Section 9, Republic Act No. 7902).
The memorandum requires strict compliance with its adjudication and impoundment rules for apprehension cases.

TAS resolutions are final unless appealed by the respondent.
If appealed, the respondent must file a verified appeal with the Office of the Assistant Secretary within fifteen (15) days from receipt of the decision.
Adjudication is limited to charges appearing in the Temporary Operators Permit (TOP); the penalty is imposed only for violations charged during the apprehension.
Any additional violations discovered thereafter are treated separately and must be covered by a separate TOP to commence another adjudication.
The memorandum allows exceptions where related violations or charges may be upgraded or downgraded depending on documents presented during adjudication, including:
- Failure to carry OR/CR may be upgraded to unregistered motor vehicle.
- Failure to carry CPC may be upgraded to colorum operation.
If there is no motion for reconsideration or appeal, TAS resolutions are no longer subject for review.
The LETAS/Releasing Officer must adhere to the TAS decision without imposing any additional requirement, provided that corresponding fines are paid and accessory penalty is complied with; if a motion for reconsideration is reasonably filed, the Director of the TAS orders review and issues a new resolution.

Fines and/or penalties are imposed only for violations charged during the apprehension and reflected in the TOP.
Violations discovered after the apprehension require separate adjudication through a separate TOP and do not attach to the already-concluded TOP adjudication.
The memorandum requires the same ruling to be applied in similar cases, using the TOP-charge limitation and upgrade/downgrade mechanism where documentary basis exists.

Where the fine/penalty for the driver or owner/operator is separately indicated (e.g., for “in color” or “out of line” violations), the driver or owner may settle separately.
When separate settlement is made, only the confiscated items relating to the settled violation are released.
Confiscated items relating to unsolved violations remain in the custody of the LTO LETAS until final settlement of the remaining fines/s.
The memorandum requires imposition of the accessory penalty as provided for under Department Order 2008-39.

Law enforcers and deputized agents must impound a motor vehicle (whether technical or actual) when the violation requires mandatory impoundment, in addition to confiscation of the Certificate of Registration/Official Receipt and the Driver’s License.
Under no circumstance may a law enforcer or deputized agent confiscate only the Driver’s License or the license plates when handling violations requiring mandatory impoundment.
When the violation can be determined right at the time and place of apprehension, the law enforcer or deputized agent must specifically indicate in the TOP the actual and final violation committed.
The law enforcer or deputized agent must avoid tentative charges that do not reflect the true violation, such as indicating “failure to carry OR/CR” when the motor vehicle is in truth unregistered, to prevent submission of unnecessary documents for adjudication.

The memorandum mandates impounding (technical or actual) for the following violations:
- Colorum Operation
- Out of Line Operation
- Unregistered/delinquently registered motor vehicle
- Driving without or Delinquent Driver’s license
- Motor vehicle driven by a holder of SP without being accompanied by a licensed driver
- Fake Driver’s License/Permit
- Expired Certificate of Public Convenience (CPC)
- Using MV different from type of service stated in the CPC
- Tampered /Fast taxi meter
- Expired or no resealing booklet for taxis
- Refusal to convey or giving undue preference to passengers
- Refusal to Render Public Service
- Driving under the Influence of drugs or liquor
- Presenting fake registration/license documents
- Illegal transfer of plates, stickers and tags
- Driving Off Road motor vehicles in public highways without permit from LTO (forklifts, cranes, payloaders, bulldozers, etc.)
- Unauthorized change body/color/engine/chassis
- Operating a Right Hand Drive Motor Vehicle (Violation of RA 8506)
The memorandum requires that apprehensions for these violations include mandatory impoundment plus the required confiscations of the Certificate of Registration/Official Receipt and the Driver’s License, consistent with its impoundment directives.

All orders or memoranda inconsistent with the memorandum are superseded and/or otherwise modified accordingly.
The memorandum ends with a directive for guidance and strict compliance.