|Photo of Traffic Aprehession c/o kickerdaily.com|
|Pink Copy of TOP|
You will receive a pink copy of the Ticket or the Temporary Operator's Permit (TOP). DO NOT LOSE this TOP. This will serve as your temporary driver's license for a period of seventy two hours or 3 days from the time your license was taken. It is non-extendable.
You can only make a contest in the LTO main office or in the regional or district office having jurisdiction over the place you were issued with a ticket.
Now on to the steps of contesting.
1. Draft your written contest
Attach a copy of the CR and OR of the vehicle you were driving at the time you were issued with TOP, the Official Receipt of your DL and your evidence, if any. The best evidence would be an affidavit of your passenger or a third party who personally witnessed the events that led to the issuance of the TOP. If you have documentary evidences to support your claim, then attached a photocopy of it as well. It is okay to do this since technical rules of procedure and evidence is not stringently applied in administrative proceedings like in LTO contest cases.
By the way, you have five (5) days from the date of apprehension to file your written contest. If you fail to file it within five (5) days, the violations stated in the TOP will be deemed admitted. You will have to pay prescribed fine within fifteen (15) days from date of apprehension. Furthermore if the charge against you is a moving violation, you will need to attend a seminar. Otherwise, your DL will be suspended for thirty (30) days.
2. File your written contest
|Received Contest Affidavit|
Take note, you do not need a lawyer for the formal hearing but feel free to have one present during such if you have a lawyer relative or friend. Also, the stenographer will have to prepare and serve summons to you and the apprehending officer. A proof of service should be attached to the record. You will then receive a date when you will return to face the apprehending officer.
3. Attend the Hearing
Be present during the hearing. A Hearing Officer will conduct the hearing and accept evidence from both parties. He will evaluate the evidence presented by both parties and will make a recommendation. To win your contested case, what you need is substantial evidence. The Supreme Court defined substantial evidence as “such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.”
4. Wait for the Decision
Once the Hearing Officer is done with the weighing of the evidence of both sides. He will make a recommendation which will be submitted to the Traffic Adjudication Director or LETAS-in-Charge. The Traffic Adjudication Officer or LETAS-in-Charge will review the recommendation and eventually sign it. Once signed, it becomes the Resolution/Decision of your contested case.
5. Receive the Resolution/Decision of your case
You will receive a written resolution. The Resolution/Decision would either be in your favor or against you. It can be in your favor in two ways: you will pay nothing to get your DL back or you will pay a fine lesser than what is prescribed for the violation charged. If it is against you, you will have to pay the whole amount.
If you have to pay, you will have to pass by the Cashier who will issue you an Official Receipt upon tender of payment.
6. Get your Driver's License Back
Prepare the following before heading to the window of the Records Officer:
a) Photocopy of the motor vehicle’s Certificate of Registration;
b) Photocopy of the Official Receipt issued upon the registration of the motor vehicle;
c) Photocopy of the Official Receipt issued upon the issuance of your Driver’s License;
d) Resolution/Decision of your case; and
e) Official Receipt of your payment of the fine and penalties, if any.
Submit the above-mentioned documents to the Records Officer and once the officer deemed everything is in order, your DL will be returned to you.
Some additional info.
If you lose the case, you will be directed to pay at the cashier before proceeding to the Record Officer. Now, if you really know that you did not violate any traffic law and that the Hearing Officer erred in his recommendation, then you can appeal it to the undersecretary of LETAS. You simply tell the Traffic Adjudication Director/LETAS OiC that you will appeal it or better yet submit a notice of appeal. From here the next step will be to draft an appeal. Here you will have to state the grounds why you think that the recommendation is wrong and the decision/resolution should be set aside, vacated, dismissed. Attached the photocopy of the resolution and the records of the hearing.
Here you can either win or lose. If you lose, you can still make an appeal to the Court of Appeals then to the Supreme Court. A petition before ordinary courts entails the services of a lawyer though. So you can only hope that you win before you resort to a judicial action.
|LTO Poster re|
Lastly, the process is the same to all LTO Regional and District Offices.
1. LTO Transactions http://www.lto.gov.ph/services/apprehension-and-adjudication-of-cases
2. Ang Tibay vs. CIR GR No. L-46496 "http://www.lawphil.net/judjuris/juri1940/feb1940/gr_l-46496_1940.html"
3. Substantial Evidence "https://bataspinoy.wordpress.com/2012/01/25/the-quantum-of-evidence-required-in-administrative-cases-is-substantial-evidence/"
4. DOTC Joint Admin Order No. 2014-01 " https://www.google.com.ph/url?sa=t&source=web&rct=j&url=http://www.dotc.gov.ph/images/front/other_matters/joint%2520ao%2520no.%25202014-01.pdf&ved=0ahUKEwiCh9Xmls7JAhUi5qYKHUiYAFUQFggYMAA&usg=AFQjCNEz6xdhU05p30X3bhyJUNLHy7NCTg&sig2=l1xJ7IbV36DxeUmCAHveLg"