Apprehension and Adjudication of Cases

LAW ENFORCEMENT AND ADJUDICATION OF CASES

 Transactions

 Fines and Penalties

 Frequently Asked Questions

 

 SETTLEMENT OF ADMITTED CASE

 MOTOR VEHICLE (MV) / PLATE

 Requirements

  1. Temporary Operator’s Permit (TOP) – pink copy  Note: If TOP was lost, secure an Affidavit of Loss TOP
  2. Photocopy of Certificate of Registration (CR) of the motor vehicle
  3. Photocopy of Official Receipt (OR) of the motor vehicle
  4. If the vehicle is For Hire, Unit Verification from the Land Transportation Franchising & Regulatory Board (LTFRB) and Photocopy of Decision and/or Certificate of Public Convenience (CPC)
  5. Resolution and/or Judgment from the Traffic Adjudication Service (TAS)
  6. Official Receipt of payment of fines and penalties
  7. Other pertinent documents / certification such as Motor Vehicle Inspection Report (MVIR) and Certificate of Emission Compliance (CEC)

 Procedure

1.Present the issued TOP (pink copy) together with all other pertinent documents to the  Evaluator.

If the apprehension is less than fifteen (15) days, a “Resolution” and/or “Judgment” shall be issued to the driver duly signed by the Evaluator.

But, if it is more than fifteen (15) days, the transaction shall pass through the Hearing Officer and a “Resolution” and/or “Judgment” shall be issued duly signed by the Approving Officer.

2. Proceed to the Cashier to pay the corresponding fines and penalties.

3. Proceed to the Law Enforcement Custodial Section/Releasing Officer to redeem the confiscated motor vehicle plate/s. Submit the following documents:

a. Temporary Operator’s Permit (TOP) – pink copy

b. Resolution/Judgment

c. Official Receipt of payment of fines and penalties

d. Photocopy of the OR/CR of the motor vehicle

e. Certificate of Attendance (Seminar/Exam result) – if the violation committed was a running/moving violation

Note:If the violation committed was a running/moving violation such as but not limited to Disregarding Traffic Sign (DTS), Reckless, Obstruction, Illegal Parking, etc., proceed to the Road Safety Training Seminar, Traffic Safety Division / Seminar Room to attend a seminarand undergo a written examination prior to the release of the confiscated motor vehicle plates.Only those who passed the said examination will be issued a “Certificate of Attendance” which is required in the redemption of the confiscated motor vehicle plate/s.

f.Motor Vehicle Inspection Report (MVIR)(if the violation committed has an accessory penalty which is a motor vehicle related)

      • If the violation committed has an accessory penalty which is a motor vehicle related, e.g. violation is no seatbelt installed and broken windshield, the driver / operator is required to correct the said defects.
      • After the correction of defects, the apprehended unit shall be submitted to the Motor Vehicle Inspection Center (MVIC) for inspection wherein an MVIR shall be issued to the driver / operator.

 Venue

    • LTO Central Office (Main Office) – Traffic Adjudication Service (TAS)
    • LTO National Capital Region (NCR) – Operations Division
    • Other LTO Regional Offices – Operations Division
    • Any LTO District Office – if apprehended in other Regions

 Fines and Penalties

 (Please Click Here for the Table of Fines and Penalties)

 

SETTLEMENT OF ADMITTED CASE

 DRIVER’S LICENSE (DL)

 Requirements

  1. Temporary Operator’s Permit (TOP) – pink copy Note: If TOP was lost, secure an Affidavit of Loss TOP
  2. Resolution and/or Judgment from the Traffic Adjudication Service (TAS)
  3. Official Receipt of payment of fines and penalties
  4. Certificate of Attendance – Seminar/Examination
  5. Other pertinent documents / certification such as photocopy of Official Receipt (OR) and

 Certificate of Registration (CR).

 Procedure

 1. Present the issued TOP (pink copy) together with all other pertinent documents to the Evaluator.

If the apprehension is less than fifteen (15) days, a “Resolution” and/or “Judgment” shall be issued to the driver duly signed by the Evaluator.

But, if it is more than fifteen 15) days, the transaction shall pass through the Hearing Officer and a “Resolution” and/or “Judgment” shall be issued duly signed by the Approving Officer.

2. Proceed to the Cashier to pay the corresponding fines and penalties.

3. Proceed to the Law Enforcement Custodial Section/Releasing Officer to redeem the confiscated Driver’s License. Submit the following documents:

a.Temporary Operator’s Permit (TOP) – pink copy

b. Resolution/Judgment

c. Official Receipt of payment of fines and penalties

d.Certificate of Attendance (Seminar/Exam result) – if the violation committed was

a running/moving violation

Note:If the violation committed was a running/moving violation such as but not limited to Disregarding Traffic Sign (DTS), Reckless, Obstruction, Illegal Parking, etc., proceed to the Road Safety Training Seminar, Traffic Safety Division / Seminar Room to attend a seminarand the written examination prior to the release of the confiscated driver’s license.Only those who passed the said examination will be issued a “Certificate of Attendance” which is required in the redemption of the confiscated driver’s license.

Venue

    • LTO Central Office (Main Office) – Traffic Adjudication Service (TAS)
    • LTO National Capital Region (NCR) – Operations Division
    • Other LTO Regional Offices – Operations Division
    • Any LTO District Office – if apprehended in other Regions

Fines and Penalties

(Please Click Here for the Table of Fines and Penalties)

  

SETTLEMENT OF CONTESTED CASE

MOTOR VEHICLE (MV) / PLATE

Requirements

  1. Temporary Operator’s Permit (TOP) – pink copy Note: If TOP was lost, secure an Affidavit of Loss TOP
  2. Photocopy of Certificate of Registration (CR) of the motor vehicle
  3. Photocopy of Official Receipt (OR) of the motor vehicle
  4. If the vehicle is For Hire, Unit Verification from the Land Transportation Franchising & Regulatory Board (LTFRB) and Photocopy of Decision and/or Certificate of Public Convenience (CPC)
  5. Resolution and/or Judgment from the Traffic Adjudication Service (TAS)
  6. Official Receipt of payment of fines and penalties
  7. Other pertinent documents / certification such as Motor Vehicle Inspection Report (MVIR) and Certificate of Emission Compliance (CEC).

Procedure

  1. Present the issued TOP (pink copy) together with all other pertinent documents to the Evaluator.
  2. A “Notice of Hearing” duly signed by the Hearing Officer, shall be issued to the driver/operator indicating the date and time (Schedule) of the “Hearing”.

 

SETTLEMENT OF IMPOUNDABLE VIOLATION

(Impounded Motor Vehicle)

Requirements

  1. Original copy of Impounding Receipt of Motor Vehicle (IRMV) Note: If IRMV was lost, secure an Affidavit of Loss IRMV
  2. Temporary Operator’s Permit (TOP) – pink copy Note: If TOP was lost, secure an Affidavit of Loss TOP
  3. Resolution and/or Judgment from the Traffic Adjudication Service (TAS)
  4. Official Receipt of payment of fines and penalties
  5. Original and photocopy of Certificate of Registration (CR) of the motor vehicle
  6. Original and photocopy of Official Receipt (OR) of the motor vehicle
  7. Stencil of the engine and chassis number of the motor vehicle – validated by the motor vehicle custodian and/or impounding officer
  8. If the vehicle is For Hire, Unit Verification from the Land Transportation Franchising & Regulatory Board (LTFRB) and Photocopy of Decision and/or Certificate of Public Convenience (CPC)
  9. Other pertinent documents / certification such as Motor Vehicle Inspection Report (MVIR).

Procedure

  1. Present the issued TOP (pink copy) and the IRMV, together with all other pertinent documents to the Evaluator.
  2. A “Resolution” and/or “Judgment” shall be issued to the driver duly signed by the Approving Officer.
  3. Proceed to the Cashier to pay the corresponding fines and penalties.
  4. Proceed to the Law Enforcement Custodial Section (LECS) / Releasing Officer for approval of the release of impounded motor vehicle and to redeem other confiscated items. Submit the following documents:

a. Impounding Receipt of Motor Vehicle (IRMV)

b. Temporary Operator’s Permit (TOP) – pink copy

c. Resolution/Judgment

d. Official Receipt of payment of fines and penalties

e. Photocopy of the OR/CR of the motor vehicle

f. Stencil of the engine and chassis number of the motor vehicle – validated by the motor vehicle custodian and/or impounding officer

g. Certificate of Attendance (Seminar/Exam result) - if the violation committed was a running/moving violation

Note:If the violation committed was a running violation such as but not limited to Disregarding Traffic Sign (DTS), Reckless, Obstruction, Illegal Parking, etc., proceed to the Road Safety Training Seminar, Traffic Safety Division / Seminar Room to attend a seminarand undergo a written examination prior to the release of the impounded motor vehicle and confiscated driver’s license/plates.Only those who passed the said examination will be issued a “Certificate of Attendance” which is required in the release of the driver’s license/mv plates.

h. Motor Vehicle Inspection Report (MVIR) (if the violation committed has an accessory penalty which is a motor vehicle related)

    • If the violation committed by the apprehended driver has an accessory penalty which is a motor vehicle related, e.g. violation is no seatbelt installed and broken windshield, the driver/owner is required to surrender the two (2) motor vehicle plates to the Law Enforcement Plate Releasing Unit (LEPRU) before the release of the impounded unit because there is a need to correct the defects cited in the IRMV/TOP/Resolution.
    • Correction of defects (as indicated in the IRMV/TOP/Resolution) shall be done after the apprehended unit was released from the LTO Impounding Area. Said unit shall be submitted to the Motor Vehicle Inspection Center (MVIC) for inspection where an MVIR shall be issued to the driver / operator. This shall be presented to the LECS for the release of the motor vehicle plate/s.

Venue

    • LTO Central Office (Main Office) – Traffic Adjudication Service (TAS)
    • LTO National Capital Region (NCR) – Operations Division
    • Other LTO Regional Offices – Operations Division
    • Any LTO District Office – if apprehended in other Regions

Fines and Penalties

(Please Click Here for the Table of Fines and Penalties)

 

LAW ENFORCEMENT CERTIFICATION/CLEARANCE

(Application for Duplicate Plates for Private and For Hire Motor Vehicle)

Requirements

  1. Affidavit of Loss Plate duly notarized executed by owner/operator/authorized representative
  2. Certified true copies of the Official Receipt (OR) and Certificate of Registration (CR) of the motor vehicle The presentation of the original copies should be mandatory for purposes of authentication.
  3. Photocopy of the Deed of Sale if the affidavit is executed by the buyer the registered
  4. Motor Vehicle Inspection Center (MVIC) Report (if in Metro Manila) Motor Vehicle Inspection Report (if in the Regions)
  5. Clearance from the Metropolitan Manila Development Authority (MMDA) - if in Metro Manila
  6. A Board Resolution and Secretary’s Certificate stating the person authorized to sign for and in behalf of the Corporation (if the OR/CR is under the name of the company)

Procedure

1.The registered owner/operator/authorized representative shall proceed to the following for verification of pending apprehension/s of motor vehicle (if there is any):

a. Law Enforcement Service (LES) Plate Releasing Unit (if in Metro Manila)

b.Anti-Smoke Belching Unit (ASBU), Traffic Safety Division – for smoke-belching apprehensions (if in Metro Manila)

c. Operations Division (if in the Regions)

2. If there is no pending apprehension/s, the applicant shall proceed to the Law Enforcement Clearance Unit to file an LES Certification/Clearance. 

If there is pending apprehension/s, the applicant shall proceed to the Traffic Adjudication Service (TAS) to settle the apprehension/s. After the settlement of apprehension/s, the owner/operator/authorized representative may return to the LES Clearance Unit for theCertification/Clearance.

3. Pay the Certification/Clearance fee at the Cashier. 

4.Return to the LES Clearance Unit to obtain the printed Certification/Clearance. Upon securing the LES Certification/Clearance, the applicant shall proceed to the Motor Vehicle Inspection Center (MVIC) for the inspection of his motor vehicle. After the completion of the requirements, the owner/operator/authorized representative shall file his application in the LTO District Office which originally issued the motor vehicle license plate/s.

However, in case the owner/operator had changed residence or the motor vehicle had alreadybeen sold or transferred to a new owner who is residing in a place far away from the initial registering agency, the application can be filed in the LTO District Office nearest his place of residence or place of abode.

If the application filed in an LTO District Office is different from the original registering agency, the process of confirmation of the fact of the issuance of the said license plate and the exact alphanumeric should be strictly followed.

Note:No application for duplicate plate shall be processed without the required request for confirmation and the official reply from the original issuing agency.

If only one (1) piece of the license plate is lost, the other one should be surrendered to the LTO

District Office where the application is filed.

If both plates were lost, the same should be stated in the Affidavit of Loss and supported by a certification from the LTO motor vehicle inspector of the fact that at the time of inspection, both plates were not attached to the motor vehicle duly approved by the District Head.

Venue

    • Law Enforcement Service (LES) Clearance Unit, LTO Central Office, East Avenue Q.C.
    • LTO National Capital Region (NCR) – Operations Division
    • Other LTO Regional Offices – Operations Division
    • Any LTO District Office

 

Frequently Asked Questions (FAQs)

1. What is a TOP?

TOP means Temporary Operator’s Permit. Pursuant to Memorandum Circular No. 515-2004 dated 25 May 2004, TOP shall be used in apprehension of all violations and it is strictly required to be issued to the apprehended driver/operator at the site and time of apprehension.

2. What is an IRMV?

IRMV means Impounding Receipt of Motor Vehicle. It is issued if the motor vehicle was impounded.IRMV is accomplished by the apprehending officer and validated by the Motor Vehicle Custodian (MVC) assigned at the impounding area.

3. Can TOP be temporarily used as a driver’s license of the apprehended operator/driver?

Yes. TOP serves as driver’s temporary license within 72 hours or 3 days only.

4. How many days is the validity of the TOP?

72 hours or 3 days is the validity of the TOP, unless specified for a shorter period of time.

5. Can TOP be extended after 72 hours or 3 days after its validity?

No. There is no extension of TOP after 72 hours or 3 days.

6. When can an apprehended operator/driver settle his case?

An apprehended operator/driver can settle his case within 15 days from the date of apprehension provided the apprehension is reported and encoded in the LTO-IT system.

7.What will happen if the apprehended operator/driver failed to settle his case within 15 days from the date of apprehension?

If the apprehended driver/operator failed to settle his case within 15 days from the date of apprehension, it will cause the suspension/revocation of his driver’s license.

8.Where will the apprehended operator/driver settle his case?Can he settle his case in any LTO Regional/District Office?

The place of settlement of apprehension is indicated in the TOP (middle portion). Not all apprehended operator/driver is allowed to settle his case in any LTO Regional/District Office.IF he was apprehended within Metro Manila, he will appear at the LTO Traffic Adjudication Service (TAS), Central Office, East Avenue, Quezon City to settle his case.But, if he was apprehended in other LTO Regional/District Offices, he will appear at the concerned LTO Operations Division as specified in his TOP.

Note :An apprehended operator/driver may settle his case in any LTO Regional/District

Office IF his violation/s is included in the list of the “LETAS SETTLE ANYWHERE”. The Traffic Adjudication Service (TAS) / Operations Division may determine it through the LTO-IT system.

9. How does the apprehended operator/driver determine the amount of the fines/penalties as well as the accessory penalties of the violation/s indicated in the TOP?

The corresponding amount of the fines/penalties as well as the accessory penalties are determined by the Traffic Adjudication Service based on the violations specified in the TOP and through the LTO-IT system.

10. What is an Admitted Case?

An admitted case is a case wherein the apprehended operator/driver admits the violation/s cited in his TOP.

11. Can the apprehended operator/driver protest the violations charged/cited in his TOP to deny the violations and/or to lessen the payment of the fines/penalties?

Yes. An apprehended operator/driver may protest the violations specified in the TOP. This is a contested case.

12. What is a Contested Case?

A contested case is a case wherein the apprehended operator/driver signifies his intension to oppose to the violations indicated in the TOP. It should be acted upon with dispatch by preparing the summons both for the apprehending officer and respondent. The apprehending officer shall have been summoned at least once with proof of service for clarification purposes. Violation/s listed in the TOP and/or encoded in the LTO-IT system shall be dropped/dismissed provided that the apprehended driver/operator presents sufficient documentary evidence to warrant its dismissal and/or if the violations cited in the TOP are interrelated or common.

Example:

Common violations - Obstruction and Disregarding Traffic Sign (DTS)

Interrelated violations – Out of Line and Breach of Franchise and No Panel Route Painted

13. Can the confiscated items such as the driver’s license and/or motor vehicle plates be immediately released to the apprehended  perator/driver after the payment of the fines/penalties?

Yes.The confiscated items may be immediately released after the payment of the corresponding fines/penalties provided that there is no accessory penalty/s and/or suspension indicated in the Resolution and/or Judgment.

Example:

If the apprehended operator/driver is required to attend the seminar/exam before the release of the confiscated items, the accessory penalty is the seminar/exam.

14.Can the impounded motor vehicle be immediately released by the apprehended operator/driver after the payment of the fines/penalties?

Yes.The motor vehicle may be released after the payment of the corresponding fines/penalties provided that there is no accessory penalty/s and/or suspension stipulated in the Resolution and/or Judgment.

Example:

If the violation is unregistered motor vehicle, the operator/driver is required to surrender first the two (2) motor vehicle license plates before the release of the apprehended unit.The accessory penalty is to register the motor vehicle before the release of the surrendered plates.

15.Who will determine as to when will the apprehended operator/driver pay the accessory fine of One Thousand Five Hundred (P/1,500.00) pesos per day for the violation of Colorum or Out of Line?

Based on Department Order No. 2008-039, the accessory fine of one thousand five hundred (P/1,500.00) pesos per day applies only to impounded motor vehicles (issuedIRMV) with violation of Colorum or Out of Line.

The Traffic Adjudication Service (TAS)/Operations Division determine the accessory fine of P/1,500.00 pesos per day.Collection of the said accessory fine covers the period from the time the apprehension case was encoded in the LTO-IT system (Posting Date) until the settlement of the case.

16. What is Technical Impounding?

Technical impounding is the confiscation of both the driver’s license and the two (2) motor vehicle license plates at the time of apprehension instead of impounding the motor vehicle.

17. Is the accessory fine of One Thousand Five Hundred (P/1,500.00) pesos per day also applies to Technical Impounding?

No.The accessory fine of one thousand five hundred (P/1,500.00) pesos per day does notapply to technical impounding.

18. When will a suspension of a confiscated item such as driver’s license and/or motor vehicle plate/s be lifted in order to be released?

The confiscated item/s shall only be released after serving the required suspension. Example:Colorum (1st offense) violation - driver’s license and motor vehicle plates will be suspended for three (3) months

19.Do all apprehended operator/driver required to attend/undergo the seminar and exam?

No.Not all apprehended operator/driver is required to attend/undergo the seminar and exam.Seminar and exam is an accessory penalty and only apprehended operator/driver who committed running violations such as but not limited to Disregarding Traffic Sign (DTS), Reckless, Obstruction, Illegal Parking, etc…. and private or for hire motor vehicles are required to undergo the seminar and exam.

20. What is an LES Clearance?

An LES Clearance or Law Enforcement Clearance is a Certification issued by the LTO Law Enforcement Clearance Unit to the operator and/or authorized liaison officer/personnel.

21. When is an LES Clearance required?

LES Clearance is required only in securing duplicate motor vehicle license plate/s and windshield stickers/year tags.

22. Does an LES Clearance apply to private and for hire motor vehicles?

Yes. LES Clearance applies to private and for hire motor vehicles.

23. Is an LES Clearance a requirement in securing a duplicate Driver’s License (DL) / Official Receipt (OR) / Certificate of Registration (CR)?

No. An LES Clearance is not a requirement in securing a duplicate DL/OR/CR.

 

 

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