COMPREHENSIVE TRAFFIC LAWS AND CONSTRUCTION OF TRAFFIC COURT

Definition of Codification:

Codification is the collection and systematic arrangement, usually by subject, of the laws of a state or country, or the statutory provisions, rules, and regulations that govern a specific area or subject of law or practice. In simpler terms, codification is to arrange (laws or rules) into a systematic code. 1

Codification rearranges and displaces prior statutes and case decisions. Codification of an area of law generally constitutes the whole source that is relied upon for a legal question in that area. Thus, when a state codifies its criminal laws, the statutes contained within the new code supersede the laws that had been in place prior to the codification.2

In relation to codification there is a process called recodification. Recodification refers to a process where existing codified statutes are reformatted and rewritten
1

Oxford Online Dictionary. http://oxforddictionaries.com/us/definition/american_english/codify?q=codification#codify __11 (last visited July 24, 2013) 2 Legal dictionary online. http://legal-dictionary.thefreedictionary.com/codification (last visited July 22, 2013)

into a new codified structure. This is often necessary as, over time, the legislative process of amending statutes and the legal process of construing statutes by nature over time results in a code that contains archaic terms, superseded text, and redundant or conflicting statutes. Due to the size of a typical government code, the legislative process of recodification of a code can often take a decade or longer.3 History of Codification

Public demand for written laws can be traced to the dawn of recorded history. The first known codification of laws is attributed to Ur-Nammu, king of Ur, in the twenty-fifth century B.C. Lipit-Ishtar, king of Isin, in ancient Sumer, promulgated a written code around 2210 B.C. Hammurabi, a monarch in Babylonia, codified laws in the eighteenth century b.c. Both Lipit-Ishtar and Hammurabi announced in the prologues of their respective codes that these compilations established justice.

Ancient Greek and Roman civilizations continued the practice of codification. However, their written codes were not always helpful. The Roman emperor Caligula wrote his laws in small characters and hung them high on pillars in order to ensnare the public. Julius Caesar attempted codification, but he was unable to reduce the enormous body of Roman Law to its essentials.

Not until the sixth century A.D. did Rome, under emperor Justinian I, accomplish a complete codification of its laws. The Code of Justinian, known as the Corpus Juris Civilis (Body of Civil Laws), became the legal authority of Rome in 53334
3

Merriam-websters Dictionary

A.D. Justinian's code completely revised imperial laws; omitted obsolete, contradictory, and repetitive laws; and contained a digest of legal essays for guidance. The Corpus Juris Civilis was a landmark in Legal History, and it served as the basis for modern Civil Law systems.

Civil law systemsbased on comprehensive codeswere installed in such countries as Germany, France, Austria, Switzerland, Italy, Japan, and Spain. Common law systemsbased on case precedentsdeveloped in England, South Africa, and Australia. Jurisprudence in colonial America was based on the English common law system.4 Models of Codification5

There are four jurisprudential models of codification that can be identified in the scholarly literature. These will be denominated as Fully Comprehensive, Field Comprehensive, Perpetual Index, and Meta-scheme Models.

A. Fully Comprehensive The fully comprehensive model of codification presupposes that the code, doctrinally, constitutes the whole body of private law. Nevertheless, it is useful to consider the hermeneutic approaches that the code, doctrinally, constitutes associated with the Fully Comprehensive model, for these approaches help to understand the styles of the code interpretation found under the other models
4 5

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. Rosen, Mark D. 1994."What Has Happened to the Common Law? Recent American Codifications, and Their Impact on Judicial Practice and the Law's Subsequent Development." Wisconsin Law Review.

of codification. Under what historically was the first approach in interpreting Fully Comprehensive Codes, the judge was prohibited from interpreting it, and instead, was intended to mechanically apply clear rules. Some advocates of the Fully Comprehensive model attack the very notion of a noncomprehensive codification, asserting that a noncomprehensive codification is an oxymoron. Only a complete statement of the private law, argue these theorists, can constitute the grand codification that can be the new authoritative source for resolving all lega questions.6

B. Field Comprehensive The field comprehensive model of codification asserts that the code need not digest the entirety of private law. The code, however, must be comprehensive within its doctrinal field, such that the code is to exclusive source of law. Advocates of the Field Comprehensive Model acknowledge that the codification will not have spoken to all eventualities within its scope, so they employ lacunae-filling methodologies akin to those advanced by proponents of the Fully Comprehensive Model.7

C. Perpetual Index

Aubrey L. Diamond, Codification of the law of Contract, 31 MOD. L. REV. 361, 371 (1968) 7 John E. Murray, Jr., The Article 2 Prism: The Underlying Philosophy of Article 2 of the Uniform Commercial Code, 21 Washburn L.J. (1981)

 The codes are to be merely a perpetual index to the known law, gradually refining, enlarging and qualifying its doctrines, and at the same time bringing them together in a concise and positive form for public use. The code is a clarifying aid rather than a final statement, and a vehicle for facilitating the laws continued growth. Codification is still useful, according to adherents of the Perpetual Indez paradigm, because it contains the exercise of Judicial lawmaking and facilitates access to the law without stifling the laws development. Interpretation

without

considering

similar

post-code

cases,

however, in all likelihood is counter to real practice. Even in France, where constitutional theory eschews precedent and still declares that judicial decisions cannot be a source of law, scholars concluded that judicial decisions influence subsequent

interpretation. The

Perpetual

Index

model

can

accommodate

several

hermeneutics. One is that the code is treated as an organized restatement of the common law. The code consequently is not to be construed strictly in derogation of the common law. Rather, it is to be understood and expanded in conscious reference to the antecedent common law and by means of the repertoire of common law interpretive techniques, unless the code explicitly indicates otherwise.8

Interpreteting the code in light of the common law precedents is similar to the approach formulated by John Norton Pomeroy in his infuencial essays contained in The True Method of Interpreting the Civil Code. In such work he stated that The court must go outside the code, and must find the detailed rules pre-existing and still existing common law or laws of equity untouched or unaltered by the code.

D. Meta-scheme The meta-scheme model of codification resembles the other three models, but emphasizes a different determinative characteristic. This school asserts that the primary significance of a code is that it organizes the legal materials, making a philosophically arranged corpus juris possible. As stated by Wendell Holmes, a well-arranged body of the law would not only train the mind o fthe student to a sound legal habit of thought, but would remove obstacles from his patch which he now only overcomes afteryears of experience and reflection.9

Codification of Laws in the Philippines

Codification is predominant in countries that adhere to the legal system of civil law, just like the Philippines. Spain, a civil law country, introduced the practice of codification in the Philippines, which it had colonized. Among the codes which Spain enforced in the Philippines were the Spanish Civil Code (enforced in 1889) and the Spanish Penal Code (enforced in 1886).

The practice of codification was retained during the period of American occupation, even though the United States was a common law jurisdiction. However, during the American era, judicial precedents of the Philippine Supreme
9

Oliver Wendell Holmes, Codes, and the Arrangement of the Law, 5 AM. L. REV. 1, 2 (1870)

Court were accepted as binding, a practice more attuned to common law jurisdictions. Eventually, the Philippine legal system emerged in such a way that while the practice of codification remained popular, the courts were not barred from employing methods of statutory construction in order to arrive at an interpretation of the codal provisions that would be binding in itself in Philippine law.10

Through the years there have been notable codes in the Philippines, to wit: a

Name

Particulars

Revised Penal Code

The Revised Penal Code supplanted the Spanish Penal Code, which was in force in the Philippines from 1886 to 1930. In 1927 a committee headed by late Supreme Court Justice Anacleto Daz was formed, primarily to codify all penal laws of the Philippines. On January 1, 1932 the Revised Penal Code took effect.
11

T New Civil Code he Civil Code is strongly influenced by the Spanish

10

In accordance with Article 8 of the New Civil Code which states that Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. 11 ACT No. 3815, known as AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS (December 8, 1930)

Civil Code, which was first enforced in 1889 within the Philippines, then a colony of Spain. The Spanish Civil Code remained in effect even during the American colonization of the Philippines. In 1947, a Code Commission was formed headed by the then UP college of law Dean Jorge Bocobo. The Civil Code of Philippines took effect in 1950.12

Labor Code

The Labor Code of the Philippines stands as the law governing labor relations and labor standards. It was enacted in on the Labor Day of 1974.13

Local Government Code The Local Government Code, enacted in 1991, establishes the system and powers of provincial, city, municipal and barangay governments in the

Philippines, known collectively as Local Government Units or LGUs. It is the governing law on local governments. 14

Corporation Code

The Corporation Code provides for the rules and regulations in the establishment and operation of stock and non-stock corporations in the Philippines. It was

12

Republic Act No. 386, known as AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES (June 18, 1949) 13 Presidential Decree No. 442, AS AMENDED, known as A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE (May 1, 1974) 14 Republic Act No. 7160, known as AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991 (October 10, 1991)

enacted in 1978. The regulation of securities and practices in the stock market governed by the 2000 Securities Regulation Code.15

Intellectual Code

Property The Intellectual Property Code governs the protection of intellectual property in the Philippines. Initially, the legal protection of intellectual property was contained in a few provisions in the Civil Code. However, the growing concern over intellectual property protection led to the passage of more comprehensive special laws until the final codification of intellectual property law through the Code, enacted in 1997.16

Codes in relation to Republic Acts Since the formation of local legislative bodies in the Philippines, Philippine legal codes have been enacted by the legislature, in the exercise of its powers of legislation. Since 1946, the laws passed by the Congress, including legal codes, have been titled Republic Acts.

While Philippine legal codes are, strictly speaking, also Republic Acts, they may be differentiated in that the former represents a more comprehensive effort in embodying all aspects of a general area of law into just one legislative act. In
15

The Securities and Regulation Code primarily is the code followed by the Securites and Exchange Commission. The code states the powers and functions of the SEC, as well as define basic rules in investing and registration of securites and other forms of investments. 16 Republic Act No. 8293, known as AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES (June 6, 1997)

contrast, Republic Acts are generally less expansive and more specific in scope. Thus, while the Civil Code seeks to govern all aspects of private law in the Philippines, a Republic Act such as Republic Act No. 9048 would concern itself with a more limited field, as in that case, the correction of entries in the civil registry.

Still, the amendment of Philippine legal codes is accomplished through the passage of Republic Acts. Republic Acts have also been utilized to enact legislation on areas where the legal codes have proven insufficient. For example, while the possession of narcotics had been penalized under the 1930s Revised Penal Code, the wider attention drawn to illegal drugs in the 1960s and the 1970s led to new legislation increasing the penalties for possession and trafficking of narcotics. Instead of enacting amendments to the Revised Penal Code, Congress chose instead to enact a special law, the Dangerous Drugs Act of 1972.

The Necessity to Codify our Traffic Laws

I.

Consolidation of all traffic laws for easy reference

In the Philippines we have various sources of our traffic laws. To wit: i. We have statutes such as: Acts, Batas Pambansa,

Commonwealth Acts, Presidential Decrees and Republic Acts.

ii. Treaties and other International Laws and Agreements to which the Philippines is a signatory, and following the incorporation

clause in the 1987 Constitution that the Philippines adopts the generally accepted principles of international law as part of the law of the land.17

iii. Letters of Instructions issued by then President Ferdinand Marcos.

iv. Rules and Regulations issued by government agencies such as TDO Memorandum Circulars issued by the Metropolitan Manila Development Authority (MMDA)18; Department Orders issued by Department of Transportation and Communication (DOTC)19; and Memorandum Circulars issued by the Land Transportation Franchising & Regulatory Board (LTFRB).20

v. With all the aforementioned sources of traffic laws in the country, it is evident that our traffic laws are scattered and unorganized. In fact, even the Supreme Court in deciding one case mentioned a Letter of Instruction (LOI 43), an Ordinance issued by then Metropolitan Manila Authority (Ordinance No. 11, Series of 1991),

17

Sec. 2, Article II, DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES, 1987 Philippine Constitution 18 MMDA official website. http://www.mmda.gov.ph/legal-matters.html (last visited July 24, 2013) 19 Dotc official website. http://www.dotc.gov.ph/index.php?option=com_k2&view=item&id=180&Itemid=147 (last visited July 25, 2013) 20 LTFRB official website. http://ltfrb.gov.ph/main/memorandum#sthash.Tk96bcNa.dpbs (last visited July 25, 2013)

a Presidential Decree (PD 1605), and a Republic Act (R.A. No. 413).21

vi. Through codification, the courts, lawyers, and especially the common people may simply look at a single code to know the different traffic laws.

II.

Organization of traffic laws creates more systematic scheme of the law

Due to the substantial number of traffic laws, some older statutes have been rendered obsolete either because they were repealed, or due to impracticality of application. Through codification, current and effective laws shall be installed in the code and amendatory laws, decrees and executive orders shall be integrated therein to harmonize them.

III.

Public will be better notified

With the advancement of information technology it seems as though everything and anything can be searched through the World Wide Web. However, we cannot close our eyes to the fact that not everyone has access to the internet, or even if they do common people would not know which laws are said to be binding. Through codification the dissemination of information about traffic laws would be more structured. Members of the populace would simply avail of the traffic code, in the same way that they buy books and magazines.

21

See Solicitor General vs. Metropolitan Manila Authority and the Municipality of Mandaluyong, G.R. No. 102782 (December 11, 1991)

IV.

Traffic Laws will be better understood

By using simple language, or less technical terms, in codifying the traffic laws, the citizenry will be better informed since the law itself has become more understandable; with this the state could allow people more freedom to conduct their affairs without fear of the unexpected as the laws are written in laymans term.

V.

Government agencies avoid overstepping the boundaries of their powers

In not infrequent times, the Supreme Court has declared null and void various ordinances, memorandum circulars and other issuances of Government Agencies (such as the LTO, LTFRB and DOTC) which are mandated to execute and enforce traffic laws, rules and regulations in the country.

In one case the high court has stated that: A last word.

The

MMDA was intended to coordinate services with metro-wide impact that transcend local political boundaries or would entail huge expenditures if provided by the individual LGUs, especially with regard to transport and traffic management, and we are aware of the valiant efforts of the petitioner to untangle the increasingly traffic-snarled roads of Metro Manila. But these laudable

intentions are limited by the MMDA's enabling law, which we can but interpret, and petitioner must be reminded that its

efforts in this respect must be authorized by a valid law, or ordinance, or regulation arising from a legitimate source.22

Through codification, exceeding of powers by the different government agencies will be lessened if not avoided. The code itself may be written incorporating not just laws but also interpretations of the law by the Supreme Court in its decisions making a clear cut delineation of the limit of their powers.

Disadvantages of Codification

Just like any other proposition, disadvantages concerning codification must be taken into account. Even in the early 1800s, the great nation of the United States of America, pushed for codification of its common laws for the very first time. Supporters of the common law system resisted codification. They noted that rules that were culled from reported case decisions and written in digests notified the public of behavior standards, and argued that it was impossible to distill legal nuances into authoritative rules. Common law advocates maintained that a simple rule could not be written to apply to all of the situations that it might cover. They further argued that precedents, carefully developed over the centuries, were fairer than rules reflecting moods of the moment.23

22 23

MMDA vs. Dante O. Garin, G.R. No. 130230 (April 15, 2005) Clarke, R. Floyd. 1982. The Science of Law and Lawmaking: Being an Introduction to Law, a General View of Its Forms and Substance, and a Discussion of the Question of Codification. New York: Macmillan, 1898. Reprint, Littleton, Colo.: Rothman.

Although taken from the history of Americas legal system, the above-quoted argument is equally applicable to modern times, particularly to the codification of traffic laws. A careful study of the abovementioned argument would lead us to two key points against codification. To wit: (1) stagnancy, and (2) inflexibility of codified rules.

Stagnancy refers to the fact that once the Law has been codified, developments and modernization of human life taking place after the codification would not be considered, and as such would necessarily create numerous voids in the law. On the other hand, inflexibility pertains to the non-adoptability of the codified law to cover all situations in a given subject matter.

Conclusion

Taking into account both advantages and disadvantages of codifying traffic laws, we are of the opinion that the benefits of codifying our traffic laws outweighs the drawbacks. Living in a modern society, wherein the everyday hassle and bustle of traffic awaits us; having a more organized and systematic arrangement of traffic laws would be beneficial.

Educating majority of the population about the various traffic laws is the key in reaching highly efficient implementation of our traffic laws. Through codification, our traffic laws will be arranged in a methodological manner, displacing all prior, unnecessary and repealed laws. In addition to that, codification paves way to a

better understanding of the laws since various statutes to be codified maybe written in simpler languages.

The disadvantages of stagnancy and inflexibility of codified laws may be dealt with in many ways. One of said solutions is that the new statutes maybe enacted by the Cogress dealing with current and latest developments on traffic situations. Moreover, the legislature may organize a commission which would primarily be tasked to amend and update the code.

The codification of the traffic laws should serve a concrete guideline, and an organized reference of our traffic laws. However, the code should never be taken as a final print of the law, for the code must sway with movement of time.

The Necessity to Establish a Traffic Court Prefatory Nothing more can be said than the truth that indeed a good number of traffic enforcers are prone to accept bribery. Yet there is much to explore as to what happens when the apprehended driver decides challenge the traffic enforcers judgment. This notion has been rarely entertained as one of the remedies granted to a licensed driver. Now an interesting query arises, setting aside those instances when guilt is admitted, why is there always a feeling of helplessness or rage against the traffic enforcer? Are there remedies available to an offender of traffic rules? Or is the trend focused on simply penalizing the drivers? Now the question arises, is it ripe to create a traffic court? News clippings claim that sometimes during the 1950s, a traffic court was created in the city of Manila

which handled cases involving car accidents, reckless imprudence resulting to physical injury, damage to property and homicide.24 The same article notes that the idea is very good, however, it fails to mention any more matters relevant to the establishment of such a court. The discussions in this paper shall limit itself in the manifesting the function of a traffic court as generally utilized in certain states in the United States of America, the current laws providing for remedies for an apprehended driver and the authors finding over the issue. The author elects to make use of laws enforced in the United States of America since the Supreme Court in interpreting laws regarding traffic violations often cites cases from said state in arriving to its conclusion as in the case of Luz vs. People of the Philippines G. R. No. 197788. Corruption in other Countries Dwelling over the issue of corruption in our Country would rather be a surplusage of what is readily heard over the media. Just recently the well renowned country of Sierra Leone experienced problem over traffic congestion alongside the spreading corruption over traffic enforcers. According to a news clipping 25 , several near death accidents have occurred along the busy streets of the Freetowns terrifying roads. The news clipping cited in this wise: Baobabs investment in just such a machine has afforded him several near-death experiences on Freetowns terrifying roads, and a privileged insight into the rampant petty corruption that last week saw Sierra Leone ranked bottom in Transparency Internationals Global Corruption Barometer. More than four in five of the Sierra Leoneans surveyed said they had paid a bribe in the past year.
24 25

http://www.philstar.com/metro/152860/creation-traffic-court-gets-support The Economist. Corruption in Sierra Leone: Dodging the Traffic Police. Retrieved from: http://www.economist.com/blogs/baobab/2013/07/corruption-sierra-leone Last visited: June 13, 2013.

Motorbike-riding in the capital results in almost daily conflict with the notoriously corrupt traffic police, who attempt to solicit fines for a bizarre range of offences. On one recent such occasion, two policemen on a motorbike forced Baobab to the side of the road. You are plying the streets in your underwear, announced one, gravely. You will have to come with us to the station; there will be a fine. Baobab considered this an unfair description of his attire jeans, a sleeveless shirt, shoes, and a helmetand told him as much; the men duly went on their way. But for the thousands of drivers of motorbike-taxis, or okadas, struggling to make a living in the city, bribes can take a heavy toll on the days earnings. The police give us serious problems, says Kanneh, an okada-driver. Sometimes its 10,000-20,000 Leones ($2-$4), sometimes its more. Corruption exists at all levels of society. Last week, the managing director of Sierra Leones largest commercial bank was charge d with fraud, along with dozens of other bankers and tax-workers. A travel ban has been placed on all revenue officials and bank employees. In another recent scandal, the countrys chief medical officer was charged, along with other health-ministry officials, with misappropriating over half a million dollars in grants. The report likewise noted that the anti-corruption agency tasked to look over such matters have failed to act on the above cited issue with a quick response. In another country, the issue lies over the drivers themselves. Abuja, Capital of Nigeria, was noted in a news clipping for having the highest rates of road fatalities in the world, which was noted in this wise: Road accidents are Nigerias third-leading cause of deaths. According to the World Health Organisation, the country has 1,042 deaths a year for every

100,000 vehicles, one of the highest rates of road fatalities in the world; the equivalent figures for the United States and Britain are 15 and seven. The Federal Road Safety Commission is at last making it compulsory for people to go to driving school and be tested before they gain a first-time licence. It was previously possible to buy one for around $30, whether you had ever been behind the wheel or not. Most accidents in Nigeria are caused by human error, says Mr Nehemiah. People are always in a hurry. As Nigerias economy grows, the volume of traffic is expected to rise, from 8m vehicles today to 40m by 2020. Mr Nehemiah, who started in 2002 with only three students but now has the largest of the 27 accredited driving schools in Abuja, issues a booklet at the end of the lesson highlighting a section headed Techniques of Defensive Driving. You need to learn to drive the Nigeria way, he says breezily.26 Man has traveled distant places. Our primitive ancestors used animals as a mean of transportation, such as horses, camels, and even elephants. They had to keep these animals healthy and strong just for a good service, such hassle caused the next generation to create a machine that doesnt need organic food, ropes to keep them still, a saddle to feel comfortable, a stallion for an army and something that can roof them during rainy days. With this great innovators shifted from herding and focused on constructing a mechanical automobile to provide transportation. Man has developed land transportation in order to achieve the maximum capacity of speed. This was the purpose when man believed that auto mobiles were invented in order to lessen the time of going to one place to another. As time went by with the modernization of many factors, the principle of car industry was further more added. Developments on auto mobiles were not focused on
26

The Economist. Driving in Nigeria: Time for a test. Retrieved from: http://www.economist.com/news/middle-east-and-africa/21579057-why-nigerias-roadscan-be-terrifying-time-test. Last visited: : June 13, 2013

speed alone but safety, comfort, and fashion. Vehicles were now made with more fabricated details. Dimensions were reframed as tires were remolded. They are now, most of the time, a symbol of your financial status. People with luxurious vehicles are believed to be wealthy. Cars are now the frontline of your reputation, therefore adding another purpose to car industry. Vehicles are a mans character.

Functions of a Traffic Court Under our laws, mention was made of a traffic court in 1964 in the Land Transportation and Traffic Code (Republic Act No. 4136).27 In 1978, this court was again cited in P.D. 1605 creating the Metro Manila Commission (now Metro Manila Development Authority).28 Further research as to the establishment and governing law of such court proved futile. However, the same court was referred to in one case which reached the Supreme Court in 1984 case of Gutierrez vs. Capital Insurance.29 It must be noted that this case revealed that a traffic court existed, as it was referred to in the Traffic Violation Receipt (now Temporary Operator's Permit) in that case, sometime in 1962. Preceding from the above, discussions of the function of a traffic court under the Philippine setting would only lead to conjectures. In most foreign jurisdictions,
27

Art. III, Sec. 4, Par. D: (8) All cases involving violations of this Act shall be endorsed immediately by the apprehending officer to the Land Transportation Commission. Where such violations necessitate immediate action, the same shall be endorsed to the traffic court, city or municipal court for summary investigation, hearing and disposition, but in all such cases, appropriate notices of the apprehensions and the dispositions thereof shall be given to the Commissioner of Land Transportation by the law-enforcement agency and the court concerned. 28 Sec. 5: If the offender fails to pay the fine imposed within the period herein prescribed, the Metropolitan Manila Commission or the law-enforcement agency concerned shall endorse the case to the proper fiscal for appropriate proceedings preparatory to the filing of the case with the competent traffic court, city or municipal court. 29 G.R. No. L-2682, June 29, 1984.

traffic violations may be settled either through personal appearance, by phone, by mail or even through the Internet. To illustrate in the County of Santa Clara under the State of California, the government has provided for Divisions one of which is the Traffic Division. Traffic Court Records and Payments section in its website
30

provides for basic and

readily understandable guidelines and procedure in the payment of traffic fines, the enumerations of infractions that a driver may incur, and a resource page for traffic related inquiries. The site likewise provides for the traffic court locations. More importantly, the same website allows users to tickets for its status. Also, in the City of New Orleans, again under the State of California, the government provided for egov-services31. The City of New Orleans offers its residents the ability to pay, apply, and request city services online. One of the services offered to the public is as an online access to the Citys Traffic Court. traffic citation (ticket) has one or more violations, hand-written on the front of the ticket by the police officer. Each violation has a numeric code and a short, written description. Each violation listed on the ticket has a specific fine and fee associated with it. check out their citation

At the bottom of the traffic citation, the police officer has written the arraignment due date (first appearance date). This is the date by which the motorist must take action on his/her ticket. The Traffic Division of the Philadelphia Municipal Court, within the First Judicial District of Pennsylvania of the Commonwealth of Pennsylvania, simplifies the
30

The Superior Court of California. (County of Santa Clara). Retrieved from: http://www.scscourt.org/court_divisions/traffic/traffic_home.shtml. Last visited: June 13, 2013. 31 City of New Orleans. (Traffic Court). Retrieved from: http://www.nola.gov/traffic-court/. Last visited: June 13, 2013.

matter of procedure. In its website32, the matter of settlement is well simplified. The site provides for three options of a web-use, namely: Plead GUILTY and PAY your TRAFFIC CITATION, Plead NOT GUILTY and request a HEARING by posting collateral or Make INSTALLMENT PAYMENTS. Opting to avail of the first option, that is, to Plead Guilty and pay your traffic citation, the concerned citizen is readily notified of the following notice: IMPORTANT NOTICE: Payment of Traffic Citations constitutes a plea of guilty. If you plead guilty to a Traffic Citation, points may be assessed against your driver's record. An accumulation of points may result in the suspension of your driving privilege. Also, your driving privilege WILL BE SUSPENDED if you plead guilty or are found guilty of certain offenses under the Vehicle Code, including but not limited to: driving while operating privilege is suspended or revoked, racing on highways, fleeing or attempting to elude police, driving without lights to avoid identification or arrest, accidents involving damage to attended vehicles or property, failure to stop for school bus with flashing lights, or subsequent convictions related to drivers required to be licensed.33 Opting for the second option, that is Plead NOT GUILTY and request a HEARING by posting collateral, the concerned citizen is readily notified of the following notice: IMPORTANT NOTICE: Pleading Not Guilty allows you to have a court date to answer the citation(s) in question. You can plead Not Guilty by paying the sum on the payment screen. There is an
32

Philadelphia Municipal Court. (Traffic Division Payment Center) Retrieved from: http://www.courts.phila.gov/traffic/pay-ticket.asp. Last visited: June 13, 2013. 33 Philadelphia Municipal Court. (Traffic Division Payment Center) Retrieved from: https://prodpci.etimspayments.com/pbw/preInputAction.doh?requestType=submit&client code=35&select=GC. Last visited: June 13, 2013.

additional $8.00 added to each citation for court fees. This is included in the total cost of the citation on the payment screen. If no amount is specified on the citation, please remit $50.00 as Collateral. A hearing date will be scheduled and you will receive a trial date by mail. Please follow the instructions on this notice. If you do not appear for your trial, a trial may be held in your absence. 34 Notably, the City of Angeles, in its website for Traffic, outlines the general jurisdictions of Traffic courts, to wit: Traffic Court handles cases that usually begin when a citation or ticket is written by a law enforcement officer. Tickets can be issued for violations of traffic laws and other non-traffic offenses. Parking tickets are NOT handled by the Traffic Division. These are handled exclusively by the local city or the Los Angeles Parking Violations Bureau. Driving Under the Influence (DUI) cases are criminal matters and are handled in the courts Criminal Division. Most tickets can be resolved without the need of scheduling a court appearance by using the Online Services on this website or by phone. You may have a lawyer present if you must appear in court but you are not entitled to court appointed counsel for traffic infraction matters.35 Philippine Status quo Presently, an offender of traffic can be apprehended for various citations even
34

Philadelphia Municipal Court. (Traffic Division Payment Center) Retrieved from: https://prodpci.etimspayments.com/pbw/preInputAction.doh?requestType=submit&client code=35&select=NG. Last visited: June 13, 2013. 35 Los Angeles Superior Court. (Traffic). Retrieved from: http://www.lasuperiorcourt.org/traffic/ui/. Last visited: June 13, 2013.

those not mentioned or defined in any laws of the Republic. At the onset, Executive Order No. 266 enacted on July 25, 1987 provides that: Sec. 1. There shall be two service units in the Office of the

Assistant Secretary for Land Transportation in the Department of Transportation and Communications, namely: 1) 2) Law Enforcement Service, and Traffic Adjudication Service.

Each of the aforesaid service units shall be headed by a Service Chief to be appointed by the President upon recommendation of the Secretary of Transportation and Communications. Sec. 2. The existing Law Enforcement Division in the Office of

the Assistant Secretary for Land Transportation is hereby upgraded into a service unit which shall henceforth be known and the Law Enforcement Service and shall have the same functions and powers as those that the existing division now exercises. As it now stands, the traffic adjudication service was granted the following powers or responsibilities: Sec. 3. The Traffic Adjudication Service shall have the following powers

and functions: a) To hear and decide cases involving violations of laws, rules

and regulations governing land transportation and to impose fines and/or penalties therefor; provided that violations resulting in damage to property and/or physical injuries or violations

constituting offenses punishable under the Revised Penal Code or other penal laws shall be under the jurisdiction of the regular courts;

b)

To order the impounding of motor vehicles and confiscation

of plates or the arrest of violators of laws, rules and regulations governing land transportation; c) To issue subpoena an subpoena duces tecum and to

summon witnesses to appear in any proceeding thereof, and to administer oaths and affirmations; d) To promulgate rules and regulations governing the

proceedings before it; provided that except with respect to paragraph c, the rules of procedures and evidence prevailing in the courts of law shall not be controlling and all reasonable means to ascertain the facts in each case shall be used without regard to technicalities of law and procedures but all in the interest of due process; and e) To perform such other functions and duties as may be

provided by law, or as may be necessary, or proper or incidental to its powers and functions. Quite conveniently the traffic adjudication service was granted the power to require other agencies to aid it in the fulfillment of its duties: Sec. 4. The Traffic Adjudication Service and the Law

Enforcement Service may require the cooperation and assistance of the Philippine Constabulary, particularly the Highway Patrol Group, the Integrated National Police or any government agency or office. Notably, there was no mention of remedies or of the word contest in the above cited executive order. The same applies to R.A. 4136 entitled: An Act To Compile The Laws Relative To Land Transportation And Traffic Rules, To Create A Land Transportation Commission And For Other Purposes. Also known as the

Land Transportation and Traffic Code. The law governing the operation of motor vehicles is essentially Republic Act No. 4136, otherwise known as the Land Transportation and Traffic Code, which took effect on 26 August 1972. Law Enforcement and Traffic Adjudication is one of the three (3) mission-critical functions of the Land Transportation Office (LTO). These functions are performed by the Law Enforcement Service (LES) and Traffic Adjudication Service (TAS). By virtue of Executive Order No. 266 (25 July 1987), the existing Law Enforcement Division under the Office of the DOTC Assistant Secretary was upgraded to a service unit, while maintaining the same functions it has been exercising.36 Traffic Adjudication37 Pursuant to Executive Order No. 266 dated 25 July 1988, Traffic Adjudication Service (TAS) was promulgated vesting it with quasi-judicial powers and conferring its original jurisdiction involving violations of transportation laws, rules, and regulations. All judgments rendered by the TAS may be appealed to the LTO Assistant Secretary for review, whose decision shall be final and executory. Likewise, TAS was mandated by the EO 266 to establish in the regional and district offices the following organizational structure: Regional Office - Operations Chief (Officer in Charge) - Legal Officer
36

EC-OMB Corruption Prevention Project: Integrity Development Review of the Land Transportation Office. Corruption Vulnerability Assessment. Pg.81 37 The following were taken in verbatim from EC-OMB Corruption Prevention Project: Integrity Development Review of the Land Transportation Office. Corruption Vulnerability Assessment. Pg. 91-92, in order to readily show the current procedure within the respective government agencies.

- Senior Clerk - Stenographer District Office - Transportation District Officer (Officer in Charge) - Clerk - Stenographer However, the Assistant Secretary may recommend to the DOTC Secretary structures different from those prescribed in the said Executive Order (Sections 71-72, MC No. 89-105). The nature of proceedings in the TAS CO or LTO Regional/District Offices is summary in nature. The technicalities obtained in regular courts shall not be strictly applied, provided that due process is always observed. The provisions of the Rules of Court will be suppletory in nature. (Rule II Section 3, MC Non 5442004) Apprehension cases are separated into admitted and contested. Only the contested and special admitted cases (e.g. colorum, out of line, etc) go through the adjudication process, which is being undertaken by the TAS at the Central Office and the Operations Division of Regional Offices. Selected District Offices performs adjudication of cases, though in a limited capacity depending on staff availability. At the TAS level, adjudication starts with the recording of cases on a logbook and the assignment of these to Hearing Officers by a designated Officer of the Day (receiving officer). However, before the transacting apprehended individual, he has to find his place in a long queue passing though two Security Guards. The first Security Guard hands in a number from 1-100 and only re-issue the same if

the 100 have already been serviced. Apprehended individuals should remain in the queue until they are given their number. Its been observed that the turn over is very slow with some individuals standing in line for several hours. And since there is no process flow posted in the area, most manifest confusion. One individual even waited in line for 8 hours only to be told when he reached the receiving clerk that he was on the wrong line. The cases are not raffled and sometimes, apprehended individuals can get to choose to whom his case will be assigned. A tracking form is attached to the case, indicating time, date, and name of Hearing Officer; however, as observed, this form is seldom accomplished. In addition, not all documents pass through the receiving officer. After hearing, resolutions are inputted in the system and are printed using a shared printer (centralized) and is signed by the Approving Officer. The Approving Officer calls out the name of the apprehended to release his documents. It is not apparent if the Approving Officer reviews all the resolutions or if he just dispense his ministerial duty of signing the papers. At the regional level, resolutions are released through a window. Notices of Hearing are issued to apprehended individual and Apprehending Officer and minutes of meetings are made, at least on one regional office that was observed. There is a marked inadequacy of Hearing Officers and workspaces both at the TAS and regional office levels. At the time of assessment, there were only four (4) Hearing Officers at the TAS, and one or two at regional offices, with the Chief of the Operations Division providing reinforcement. Based on interviews, only lawyers or law graduates can be appointed as Hearing Officers at the TAS, but this is not reflected in the regions. There are a few enclosed offices available at the TAS for Hearing Officers; the others only have workstations, which is also evident at the regional offices.

It was observed that since LTO personnel do not wear uniforms, it is difficult identify them, especially at the TAS which can be characterized as chaotic and swarming with people. The transacting public is more controlled, and thus orderly in the region. There is also a great need to improve systems support. The system does not automatically registers attendant penalties, e.g. automatic suspension of license if it is already a third offense or if the offense warrants impounding of vehicle thus requires information based on the IRMV. The system should no longer require a command for such to minimize errors or deliberate omission on the part of the encoder or hearing officer.

Procedure of Remedies Known to the Public The government is not however totally remiss of its duty to provide for the services needed by the society. As can be readily found the Law Enforcement and Traffic Adjudication System (LETAS) in the Land Transportation Office provides for a simple guideline for procedures in their website: 1. What is TOP? TOP means Temporary Operators 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 drivers license of the apprehended operator/driver? Yes. TOP serves as drivers 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 drivers 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 drivers license and/or motor vehicle plates be immediately released to the apprehended operator/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 (issued IRMV) 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 drivers 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 not apply to technical impounding. 18. When will a suspension of a confiscated item such as drivers 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 - drivers 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 Drivers License (DL) /Official Receipt (OR) / Certificate of Registration (CR)? No. An LES Clearance is not a requirement in securing a duplicate DL/OR/CR.38 Undeniably, in the world of technology still, there is a field, or enhance styled as a set of tools and performances that are largely lessened in the open well-being investigate society: the countryside of traffic analysis. While a rich nonfiction exists about obtaining the secrecy, integrity and accessibility of e-mail content, very bantam has been done to look at the communication betrayed, and abating this leak, from statement movement data. Movement data comprises the time
38

Land Transportation Office. Retrieved from: http://www.lto.gov.ph/index.php/faqs/lawenforcement-and-traffic-adjudication-system-letas. Last Visited: June 14, 2013.

and duration of a communication, the detailed shape of the communication streams, the identities of the parties communicating, and their location. The understanding of what standard contact patterns might look like can also be used to infer intelligence about an observed contact. The citizen set-ups, on which state-run and profitable actors are increas- ingly reliant, is more and more defenseless to such assaults: wireless and GSM telephony are interchanging usual systems, the routing is transparent and protocols are overlayed over others giving the enemies loads of break to observe, and take advantage of such traffic data. Concretely attackers can build use of this report to gather considered brainpower, or to round particular security protocols, and violate usual security homes. In this squat presentation we shall underline the key issues throughout traffic analysis. Traffic analysis is a key chunk of gesture intelligence and microelectronic warfare. These non-textual methods can launch targets scenes, direction- ofbattle and measure. Even when memorandums are not person deciphered, traffic analysis of the targets C3I system and its displays of comportment keeps warnings of his objectives and federations of intellect, in adequately the uniform tactic as a neurologist acquires insights about a tongue-tied patient beside studying EEG tinges from the head. Traffic analysis was used in army gangs even afore the innovation of flex- less communications. In the drain war- fare of Realm Competition I, the globe returns of the telegraph fax of the competitor was used to obtain word up to a limited hundred yards away from the transferring status. Traffic analysis though turn out to be an extremely potent spokesperson of news when wireless contact turn out to be accepted, especially in naval and air set-ups. Dispatches at see had to residue the usefulness of communicating against the threat of being detected via direction finding if they transmit. When communicating strict standards, governing

call-signs and communication, had to be adhered too in order to decrease the information that traffic analysis could provide. Another paradigm of traffic analysis specifying esteemed intelligence is the reconstruction of the organization of the network structure of the German Midcourse Force radio confirming that a unit was com- posed of nine and not twelve planes. This allowable a more correct estimate of the total strength of their enemy. Documentation of radio equipment can also be used to detect accurate movements of units: each transmitter has characteristics such as the unintentional frequency modulations, the shape of the transmitter turn-on signal transient, the precise center of frequency modulation, etc that provide a fingerprint, that can be detected and used to track the device (Similar techniques can be used to identify GSM phones. Back in World War Two radio operators became vary skilled at recognizing the hand of other operators, i.e. the characteristic way in which they type Morse code, which in turn was used as a crude unit identification method (until operators are swapped around!). Why is traffic analysis so valuable? It provides lower quality information compared with cryptanalysis, but it is both easier and cheaper to extract and process. It is easier because ciphers need considerable effort to break (when they break at all). It is cheaper because traffic data can be automatically collected and processed to provide high level intelligence. Computers can clear traffic data and map out structures and locations, while a skilled human operator needs to listen to every radio transmission (often in a foreign language) to extract intelligence. For this reason traffic analysis is often used to perform tar get selection for further intelligence gathering (such as more intensive and expensive surveillance), jamming or destruction. Given the enormous amount of communication and information in public networks we can expect these economics of surveillance to be ever more relevant and applicable. Sigint is an arms race, and many low probability of intercept and position fix communication methods have been devised by the military to minimize exposure

to traffic analysis and jamming (a key reference here is Anderson [3]).Their principles are rather simple: scanning many frequencies can only be done at some maximal rate and a lot of power is necessary to jam a wide part of the frequency spectrum. Therefore the first technique used to evade interception, and foil jamming was frequency hopping, now also used in commercial GSM communications. Alice and Bob share a key that determines for each time period the frequency at which they will transmit. Eve on the other hand does not know the key and has to observe or jam the whole chunk of the frequency spectrum that may be used. In practice hopping is cheap and easy to implement, makes it difficult to jam the signal (given that the hop frequency if high enough), but is not very good at hiding the fact that communication is taking place. It is used for tactical battlefield communications, where the adversary is unlikely to have very large jammers at hand. Traffic Remedies Conveniently, the Land Transportation Office has provided for the procudre with regards to the settlement of both admitted cases and that of disputed ones. The agency however fails to mention any law or department memorandum from which such procedure was taken. In the settlement of admitted case of private motor vehicles when their plate numbers are confiscated an offender of traffic rule is mandated to: Requirements Temporary Operators Permit (TOP) pink copy Note: If TOP was lost, secure an Affidavit of Loss TOP Photocopy of Certificate of Registration (CR) of the motor vehicle Photocopy of Official Receipt (OR) of the motor vehicle 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) Resolution and/or Judgment from the Traffic Adjudication Service (TAS) Official Receipt of payment of fines and penalties Other pertinent documents / certification such as Motor Vehicle Inspection Report (MVIR) and Certificate of Emission Compliance (CEC)39 Each case, that is, admitted or disputed case, are governed by different procedures. However, in the case of motor vehicles the following is enlightening: 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
39

Land Transportation Office. Retrieved from: http://www.lto.gov.ph/index.php/services/apprehension-and-adjudication-of-cases. Last Visited: June 14, 2013.

following documents: a. Temporary Operators 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 seminar and 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.40 The Venue for the above cases are as follows: 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

In case the traffic offender desires to merely admit his case, there is a much easier step-procedure in settling his case in case his drivers license was confiscated by the traffic enforcer: Requirements Temporary Operators Permit (TOP) pink copy Note: If TOP was lost, secure an Affidavit of Loss TOP Resolution and/or Judgment from the Traffic Adjudication Service (TAS) Official Receipt of payment of fines and penalties Certificate of Attendance Seminar/Examination Other pertinent documents / certification such as photocopy of Official Receipt (OR) and
40

Land Transportation Office. Retrieved from: http://www.lto.gov.ph/index.php/services/apprehension-and-adjudication-of-cases. Last Visited: June 14, 2013.

Certificate of Registration (CR).41 With the above documents, a traffic violator will have to undergo the simple proceudres in settling his case: 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 Drivers License. Submit the following documents: a. Temporary Operators 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

41

Land Transportation Office. Retrieved from: http://www.lto.gov.ph/index.php/services/apprehension-and-adjudication-of-cases. Last Visited: June 14, 2013.

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 seminar and the written examination prior to the release of the confiscated drivers license. Only those who passed the said examination will be issued a Certificate of Attendance which is required in the redemption of the confiscated drivers license.42 The above mentioned procedure may be settled in/at: 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 Regions43 However, in case the motor vehicle plate number was confiscated and the offender desires to contest the violation for which he is charged, the same site provides that: Requirements Temporary Operators Permit (TOP) pink copy Note: If TOP was lost, secure an Affidavit of Loss TOP Photocopy of Certificate of Registration (CR) of the motor vehicle
42

Land Transportation Office. Retrieved from: http://www.lto.gov.ph/index.php/services/apprehension-and-adjudication-of-cases. Last Visited: June 14, 2013. 43 Land Transportation Office. Retrieved from: http://www.lto.gov.ph/index.php/services/apprehension-and-adjudication-of-cases. Last Visited: June 14, 2013.

Photocopy of Official Receipt (OR) of the motor vehicle 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) Resolution and/or Judgment from the Traffic Adjudication Service (TAS) Official Receipt of payment of fines and penalties Other pertinent documents / certification such as Motor Vehicle Inspection Report (MVIR) and Certificate of Emission Compliance (CEC).44 Almost similar to the above mentioned Procedure, this sort of case provides for the following procedure: Present the issued TOP (pink copy) together with all other pertinent documents to the Evaluator. 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. When, however the traffic violator is charged by the traffic enforcer of a crime which amounted to an impoundable violation the following is enlightening: Requirements Original copy of Impounding Receipt of Motor Vehicle (IRMV) Note:

44

Ibid.

If IRMV was lost, secure an Affidavit of Loss IRMV Temporary Operators Permit (TOP) pink copy Note: If TOP was lost, secure an Affidavit of Loss TOP Resolution and/or Judgment from the Traffic Adjudication Service (TAS) Official Receipt of payment of fines and penalties Original and photocopy of Certificate of Registration (CR) of the motor vehicle Original and photocopy of Official Receipt (OR) of the motor vehicle Stencil of the engine and chassis number of the motor vehicle validated by the motor vehicle custodian and/or impounding officer 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) Other pertinent documents / certification such as Motor Vehicle Inspection Report (MVIR).45 Due to the nature of the case, the procedure herein laid for such case is of quite variance: Present the issued TOP (pink copy) and the IRMV, together with all other pertinent documents to the Evaluator.

45

Land Transportation Office. Retrieved from: http://www.lto.gov.ph/index.php/services/apprehension-and-adjudication-of-cases. Last Visited: June 14, 2013.

A Resolution and/or Judgment shall be issued to the driver duly signed by the Approving Officer. Proceed to the Cashier to pay the corresponding fines and penalties. 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 Operators 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 seminar and undergo a written examination prior to the release of the impounded motor vehicle and confiscated drivers

license/plates.Only those who passed the said examination will be

issued a Certificate of Attendance which is required in the release of the drivers 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.46 In settling the same, the traffic violator should bring his claim to the following venue as it applies to him: LTO Central Office (Main Office) Traffic Adjudication Service (TAS) LTO National Capital Region (NCR) Operations Division Other LTO Regional Offices Operations Division
46

Land Transportation Office. Retrieved from: http://www.lto.gov.ph/index.php/services/apprehension-and-adjudication-of-cases. Last Visited: June 14, 2013.

Any LTO District Office if apprehended in other Regions47 In contesting a case, an offender is not obliged to oberse the strict rules with regards to the conduct of court proceedings. Of course it is very possible that offenders will not be as educated in the field of law and its practice as that of lawyers. An article by David Brown is enlightening in this matter: Assume now your state law requires an objective observation by the officer, not a judgment call about whether your -action was safe. This would be true if you were cited for failing to come to a stop at a red light or making a prohibited turn. -Defending this type of ticket often boils down to an argument about whose version of the facts is correct. For example, if you say, The light was still yellow when I entered the intersection, the officer is likely to reply, It was red, red, red, ten feet before the driver got to the crosswalk. In disputes like this, the person with the badge usually wins -unless you can cast real doubt on the officers ability to accurately perceive what happened. Fortunately, despite the fact that most judges tend to believe cops, there are a number of types of evidence that may work to raise at least a reasonable doubt as to your guilt. Here are the types of evidence most -likely to help you convince a judge: Statements of witnesses, such as -passengers or bystanders, who testify to your version of events. A clear, easy-to-understand diagram showing where your vehicle and the officers vehicle were in relation to other traffic and key locations and objects, such as an intersection, traffic signal, or another vehicle. Diagrams are especially important for tickets given at intersections, such as right-of-way, stoplight, or stop sign violations.) Photographs of intersections, stop signs, and road conditions. These can be
47

Land Transportation Office. Retrieved from: http://www.lto.gov.ph/index.php/services/apprehension-and-adjudication-of-cases. Last Visited: June 14, 2013.

used to show conditions like obscured stop signs or other physical evidence that backs up your case. Any other evidence that would cast doubt on the officers ability to accurately observe your alleged violation. A classic way to do this is to prove the officers view was obscured or that his or her angle of observation made it impossible to -accurately see what happened. As an accessory, Application for Duplicate Plates for Private and For Hire Motor Vehicle: Requirements Affidavit of Loss Plate duly notarized executed by

owner/operator/authorized representative 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. Photocopy of the Deed of Sale if the affidavit is executed by the buyer the registered Motor Vehicle Inspection Center (MVIC) Report (if in Metro Manila) Motor Vehicle Inspection Report (if in the Regions) Clearance from the Metropolitan Manila Development Authority (MMDA) - if in Metro Manila A Board Resolution and Secretarys 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 the Certification/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 already been 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 Division48 Brief Illustration of What Agency should establish the Traffic Court Assuming that indeed a traffic court is needed, the next most important question now is that what department of the government should establish the same. There is obviously quite a disparity of opinion coming from renowned constituionalists. The case, however, of Maximo Calalang vs. A.D. Williams, et. Al. is instructive: In pursuance of Commonwealth Act 548 which mandates the Director of Public Works, with the approval of the Secretary of Public Works and Communications, shall promulgate the necessary rules and regulations to regulate and control the use of and traffic on such roads and streets to promote safe transit upon, and avoid obstructions on, roads and streets designated as national roads, the Director of Public Works adopted the resolution of the National Traffic Commission, prohibiting the passing of animal drawn vehicles in certain streets in Manila. Petitioner questioned this as it constitutes an undue delegation of legislative power. Whether or not there is a undue delegation of legislative power? There is no undue delegation of legislative power. Commonwealth Act 548 does not confer legislative powers to the Director of Public Works. The authority conferred upon them and under which they promulgated the rules and regulations now complained of is not to determine what public policy demands but merely to carry out the legislative policy laid down by the National Assembly in said Act, to wit, to promote safe transit upon and avoid obstructions on, roads and streets designated as national roads by acts of the National Assembly or by executive orders of the President of the Philippines and to close them temporarily to any or all classes of traffic whenever the condition of the road or the traffic makes such action necessary or advisable in the public convenience and interest.

48

Land Transportation Office. Retrieved from: http://www.lto.gov.ph/index.php/services/apprehension-and-adjudication-of-cases. Last Visited: June 14, 2013.

The delegated power, if at all, therefore, is not the determination of what the law shall be, but merely the ascertainment of the facts and circumstances upon which the application of said law is to be predicated. To promulgate rules and regulations on the use of national roads and to determine when and how long a national road should be closed to traffic, in view of the condition of the road or the traffic thereon and the requirements of public convenience and interest, is an administrative function which cannot be directly discharged by the National Assembly. It must depend on the discretion of some other government official to whom is confided the duty of determining whether the proper occasion exists for executing the law. But it cannot be said that the exercise of such discretion is the making of the law Conclusion From the above, a traffic court and its enabling law is thus found to be necessary. The author now comes to the close of the research and analysis paper. From the above it has become readily apparent that the government has, by law, failed to expressly define the procedure for which a traffic violator may be given. Moreover, the government likewise failed to clearly designate the powers, duties, responsibilities and limitations of function of existing traffic law enforcers specially those of the Traffic Adjudication Service as can be gleaned from the above cited research of the Office of the Ombudsman. Clearly, without these rules clearly laid down in black and white, such that an ordinary Juan may be able to understand the procedure without asking for assistance of a lawyer, would clearly open the gates to corruption.