You are on page 1of 103

TRAFFIC

MANAGEMENT
AND
INVESTIGATION
MANUAL

(2009)

dandgaley
CHAPTER I

THE EVOLUTION OF TRAFFIC MANAGEMENT IN THE


PHILIPPINES

I. Early Road Transportation System

While the 1800s saw the era on inventions and introduction of motorized
carriage and locomotives, carabao and horse-drawn calesa was then the main
road transportation mode in the Philippines.

During the American occupation, The first law that was passed on
September 1900 by the Taft Commission after the issuance of the ‘Magna Carta
of the Philippines’ was an act appropriating P2,000,000 for the construction and
repair of roads and bridges which marked subsequent improvements on road
safety services. This was similarly seen as an anticipation of imminent changes
of transportation system in the country in the advent of gasoline operated
automobiles.

II. The Advent of Traffic Enforcement

The following year, on July 31, 1901 the Taft commission enacted Act No.
183, chartering the City of Manila. The existing Metropolitan Police Force, then
manned by American soldiers, was reorganized as one of the departments of the
city and was called Manila Police Department (MPD) having exclusive
jurisdiction in the city and its suburbs up to 5 miles from its boundaries and up to
3 miles from its shores in the Manila Bay.

dandgaley
A Manila traffic cop, sporting the London Bobby style of helmet while directing traffic along
Escolta (January 9, 2001: Manila’s Finest Centennial Book)

Months later, on August 8, 1901, the Taft Commission also established the
Philippine Constabulary (PC) - patterned after the National Guard in the U.S.
Under Brigadier General T. Allen, PC had police powers throughout the islands
except in Manila.

By 1907, as more local autonomy was ushered in by the Americans, more


Filipinos were recruited into the ranks of the MPD and PC.

In 1917, Brigadier General Rafael Crame was installed as the First


Filipino Chief of PC.

In 1922, police call and fire alarm boxes were installed and modern
forensic techniques as a means of criminal investigation was introduced.

Members of the Manila Police Department with Capt. Columbus Piatt (encircled)
(January 9, 2001: Manila’s Finest Centennial Book)

It was also during this time that Manila organized the first Traffic
Management Unit with Capt. Columbus Piatt as the city’s and the country’s first
traffic czar.

dandgaley
A Manila traffic cop and automated traffic lights introduced by Chief Piatt in the 30s.
(January 9, 2001: Manila’s Finest Centennial Book)

Philippine Constabulary members during the Commonwealth era


(Konstable: The Story of the Philippine Constabulary)

In 1936, The Philippine Constabulary (PC) became the nucleus of the first
regular division of the Commonwealth's army in 1936. Its functions in maintaining
peace and order in the countryside remains.

Also on March 2, 1936, Col. Antonio C. Torres, the first Filipino Chief of
Police of MPD was installed. He established the first pedestrian lanes and traffic
control towers.

On November 4, 1954, Congressmen Gregorio Tan and Lorenzo Ziga


were killed in a highway tragedy. There being no unit at that time which handles
promotion of safety along the highways, members of the two houses passed a
resolution for the creation of a Police Unit that shall ensure safety along the
Highways. The house resolution was sent into motion through General Orders
No 535, GHQ, AFP dated December 6, 1954 activating the TRAFFIC

dandgaley
CONTROL GROUP under the umbrella of the Philippine Constabulary. Its
concern was strengthened through the force and effect of Executive Order No
209 dated December 22, 1954 issued by President Ramon Magsaysay defining
the power, duties and responsibilities of the Traffic Control Group (TRAFCON) “to
include but is not limited to the enforcement of traffic safety laws, rules and
regulations, general supervision of local police forces as to Land Transportation
(now LTO) in the enforcement of driver’s license and motor vehicle registration
requirements and regulations of motor vehicle public carries.”

Promotion of Traffic Safety along the Highways was the unit’s mission
while traffic supervision and control in the implementation of Commonwealth Act
No. 3992 was the organization’s essential function. The unit hit the highways with
only 12 McArthur type jeeps, 12 Officers and 41 Enlisted Personnel mostly
coming from the 10th BCT. In three years time, it expanded its operational
jurisdiction into eight (8) Traffic Districts nationwide with the acquisition of 32
units of Ford Fairlane and the conduct of in-service training of new
members/recruits.

On December 1957, the TRAFCON was reorganized and was further


expanded to 27 Traffic Districts and 5 Special Traffic Teams in Manila by virtue of
GO#262, HPC dated December 27, 1957. During this time, an effective
communications network and equipment for the use of the unit was also set into
motion. Due to its growing commanding presence and credibility in the highways,
the said unit was engaged to manage a major traffic direction and control during
the holding of the 10th World Boys Scouts Jamboree in Mt Makiling on July 17 –
26, 1959. A year thereafter, the Group expanded its effectiveness through the
procurement of eight (8) R-69 BMW and the formation of a Motorcycle Unit. This
was the time where the distinctive boots, breeches, Sam brown belt and crash
helmets emerged on the highways and became the distinguishing mark of the
Highway Patrol Group.

Several important changes in the TRAFCON’s function likewise occurred


from 1961 to 1967 such as:

1. Its active participation with the operations of the Bureau of Customs


against “Hot Cars”.

2. The establishment of the Safety Education Branch to educate


erring motorists.
3. Its new role in enforcing Republic Act 4136 otherwise known as the
Land Transportation and Traffic Code.

The enactment of RA 4136 on June 20, 1964 created the Land


Transportation Commission. This law likewise partially repealed Commonwealth
Act 3992.

dandgaley
Salient provisions of RA 4136, among others, prescribed the authority of
the Commissioner of the Land Transportation and his deputies “to make arrests
for violations of the provisions of this Act in so far as motor vehicles are
concerned”. On the other hand, not only that the same authority was extended to
the Philippine Constabulary, (now Philippine National Police or PNP) and
municipal police forces, but the prime responsibility and duty to enforce it and
carry out the police provisions indicated therein within their respective
jurisdiction.

In 1968, the delineation of traffic law enforcement was highlighted when


the enforcement of RA 4136 and Public Service Law (CA 146) along the National
Highway was transferred and was expressly made the responsibility of the
TRAFCON by virtue of a Memorandum dated July 13, 1968 issued by President
Marcos. In 1970, the Task Force ANCAR was created through Memorandum
Circular #346 dated April 22, 1970 with the present TRAFCON Commander as
the Task Group Commander. The significance of the said event lies in the fact
that the two units later evolved as the TRAFFIC CONTROL AND ANTI-
CARNAPPING GROUP (TRAG) when the TRAFCON was reconstituted in 1971
by virtue of GO #356, GHO, AFP dated February 17, 1971. The personnel
requirements were increased to 37 Officers and 419 enlisted personnel and the
27 Traffic District units were reorganized into 4 TRAG district in the provinces
corresponding to the 4 PC Zone Commands.

TRAFCON members, predecessors of the Constabulary Highway Patrol Group or CHPG


(Konstable: The Story of the Philippine Constabulary)

Later in July 1972, the TRAG was renamed as CONSTABULARY


HIGHWAY PATROL GROUP by virtue of GO #315, HPC dated 15 June 1972.
The CHPG’s Mission was expanded from promotion of traffic safety to
include the conduct of operations against carnapping, hijacking, hold-ups and
assistance in suppression and investigation of other crimes committed along the
highways involving the use of motor vehicles.

dandgaley
Meanwhile at the local level, the law enforcement functions of territorial
police forces remain with the establishment of Traffic Bureaus and units actively
implementing RA 4136 within their respective jurisdictions.

At the onset of the declaration of Martial Law, the CHPG assumed an


even bigger role when the President designated the CHPG Commander as his
personal representative and Military supervisor in the traffic and transport
management in BOT, LTC, City Offices and City district engineers and Municipal
Mayors. Additionally, the implementation of LOI #43 and DND Orders No 728 for
the removal of traffic hazards and promotion of safety along the highways, and
regulation on the use of tinted glasses and blinds on motor vehicle windows was
also tasked to the CHPG. On the following year, the implementation of PD 96
and PD 101 was also added to its function. From 1973 to 1979, the CHPG
assumed various special functions that included implementation of at least 30
traffic related special laws, to include pollution control and related environmental
laws.

On November 7, 1975, President Marcos issued PD 824 creating Metro


Manila Commission (MMC) integrating the cities of Manila, Quezon, Pasay and
Caloocan and the municipalities of Makati, Mandaluyong, San Juan, Las Piñas,
Malabon, Navotas, Pasig, Pateros, Parañaque, Marikina, Muntinlupa, and Taguig
in the province of Rizal; and the municipality of Valenzuela, in the province of
Bulacan. Among other functions, the MMA was given the authority “to establish
and operate a transport and traffic center, which shall direct traffic activities”.

An improved setup occurred when on January 9, 1990, President Corazon


C. Aquino issued Executive Order No. 392, in accordance to Article 18, Section 8
of the 1987 Philippine Constitution, creating Metro Manila Authority (MMA)
composed of the heads of the cities and municipalities of Metro Manila and was
given the jurisdiction over the delivery of basic urban services requiring
coordination in the Metropolitan Manila, which definitely involved traffic planning
and other road safety services.

In June 1990, President Aquino issued an Administrative Order No 176


designating PC/INP through the Highway Patrol Group as the lead agency in
government operation against carnapping and other related crimes. Through its
progressive years in existence, it metamorphosed into what is popularly known
as the Highway Patrol Group and for a long time been feared both by erring
drivers, highway robbers and carnappers.

During the congressional session for the enactment of RA 6975 (PNP


Law), the Traffic Management Unit of Capital Regional Command (CAPCOM)
under Gen Macasiano popularly known as “Chocolate Boys” succeeded in
lobbying for the inclusion of the said unit in the Bill being deliberated. When RA
6975 was implemented, the Highway Patrol Group assumed the name of Traffic

dandgaley
Management Command (TMC) and the “Chocolate Boys” were absorbed
subsequently thereafter.

The changes in the traffic management approach however, honed the


TMC to assume a more technical role in its functional strategy on traffic
management particularly in its relation with the then Metropolitan Manila Authority
(MMA), DPWH, DOTC, and other functionaries of road safety services and
strategic transport studies.

On March 1, 1995, Republic Act 7924 creating the Metropolitan Manila


Development Authority (MMDA) which replaces MMA was approved. This time,
the scope of Metro-wide services under the headship of an appointed Chairman
covers transport and traffic management which include the administration of all
traffic enforcement operations, traffic engineering services and traffic education
programs, including the institution of a single ticketing system in Metropolitan
Manila.

On a later period on the other hand, the PNP- TMC was earmarked for
dissolution but the move aborted primarily because of its historical importance
and its role in the promotion and maintenance of safety of life and property along
the Highways. It is likewise during where the TRAFFIC SAFETY ACT OF 1996
was drafted by the Assistant Director for Operations, TMC and was submitted to
Directorate for Plans, PNP for representation as a result of the tragic death of two
important local official and 15 others injured in a single car accident in Quezon
Province. The proposed bill was sent to the Office of Congressman Natividad by
DPL for sponsorship but apparently, it did not merit consideration.

In line with the streamlining and renaming the PNP organization as


provided under NAPOLCOM Resolution No. 96-058, the Traffic Management
Command (TMC) was renamed to Traffic Management Group (TMG) pursuant to
PNP Memorandum Circular DPL 96-01 dated September 25, 1996.

III. Recent Developments

dandgaley
With the booming transportation industry and increased number of
privately owned vehicles (including motorcycles) and road users, the traffic
problem in the country swelled up. While MMDA is relentless in injecting reforms,
Local Government Units (LGUs) in Metro Manila and other urban areas are
similarly busy invoking their inherent functions under the Local Government Code
to ease out traffic congestions and to lessen increasing number of road accidents
within their respective political jurisdictions.

Suitable traffic schemes were conceptualized and implemented, to include


the employment of civilian traffic enforcers by LGUs.

On the other hand, while police district offices in Metro Manila are
maintaining their respective Traffic Enforcement Groups/Units (TEG/ TEU) and
continue with their functions on road accident investigations, they are scarcely
seen performing traffic direction and control as MMDA and locally employed
traffic enforcers are already performing these tasks.

With these developments and pressing concerns on the need for a more
concentrated anti-crime operations particularly involving motor vehicles, the
Traffic Management Group was brought back to its old name Highway Patrol
Group (HPG) on May 5, 2008, pursuant to NAPOLCOM Resolution No. 2008-262
and PNP Memorandum Circular General Orders No. DPL 07-15, to assume an
even significant mandate against carnapping, hijacking / highway robbery and
related offenses involving motor vehicles.

dandgaley
Nonetheless, the PNP-HPG remains in strong support to other road safety
functionaries and is presently spearheading the proposal to establish a Traffic
Law Enforcement Academy, among other recommendations to address traffic
related concerns particularly road accidents, through its Chairmanship of the
NALECC-Sub-Committee on Traffic Management, Enforcement and Anti-
Carnapping (SCTMEAC).

Still, presently, the Land Transportation Office (LTO) is presently pushing


for legislation of the proposed Road Safety Act which aims to amend the obsolete
provisions of RA 4136.

This handbook is a manifestation of the PNP’s support to the current


endeavors on road safety services.

dandgaley
CHAPTER II

THE PILLARS (5 Es OF TRAFFIC MANAGEMENT AND


AGENCIES INVOLVED IN THE AFFAIRS OF TRAFFIC

REFERENCE: TRAFFICOLOGY (The Science of Traffic by FELINO


AGUIT
BRAGADO)

TRAFFIC – refers to the movement of persons, goods and vehicles either


powered by animals for animal-drawn vehicles, or by combustion system from
one place to another for the purpose of safe travel.

TRAFFIC MANAGEMENT – is an executive function such as planning,


organizing, directing, supervising, coordinating, operating, recording and
budgeting traffic affairs. It also refers to all agencies having responsibilities for
ascertaining traffic flow requirements, such as planning, approving, funding,
constructing and/or maintaining public facilities for such movement. Further, it
also refers to all agencies responsible for licensing, approving, restricting,
stopping, prohibiting, or controlling the use of these facilities.

Though frequently applied to the movement of motor vehicles, it is


concerned also with the movement of other vehicles, as well as persons, goods
or even messages; articles such as city planning, regional planning,
transportation emphasizes the economic, social, political importance of the
design of facilities; systems of movement.

PILLARS OR 5E’s OF TRAFFIC MANAGEMENT:

1. EDUCATION – the process of providing training, awareness, and


practice in the actual application of traffic safety knowledge.

2. ENFORCEMENT – the action taken by the police, such as


arresting, issuing traffic citation ticket, and giving of warning to the erring drivers
for the purpose of deterring and discouraging and/or to prevent such violation.

3. ENGINEERING – the science of measuring traffic and travel, the


study of the basic laws relative to the traffic flow and generation, and the
application of this knowledge to the professional practice of planning, and the
operating traffic systems to achieve safe and efficient movement of persons and
goods.
4. ENVIRONMENT – deals with potentially disastrous factors such as
human migration bringing about changes in the urban environment; crowding and
density of both the road users and transport, road infrastructure, etc.
5. ECONOMICS – systems on how to choose, acquire, distribute and
use resources.

dandgaley
WHO ARE RESPONSIBLE?

The current Director of PNP-HPG, PCSUPT ORLANDO M MABUTAS,


had said, “Everybody tends to put the blame to anybody when it comes to traffic
problems, like when a driver who made a wrong turn trying to avoid a traffic jam
and started blaming the traffic police for failure to ease it up - just as the latter is
so confused while being confronted with a vehicular accident involving a drunk
driver who is reproaching those who installed a newly placed barrier along the
road without proper informative signs..”

Who is to blame? The road users? The traffic enforcer? The road infrastructure?

One correct answer is “all of the above”.

Let us look at the following factors which are assessed as ‘failures of


concerned agencies’ contributory to the main road safety problem:

- Absence of Wide-ranging awareness of Road Safety and Traffic Discipline


requirements / precautions amongst road users;

- Observed ineffectiveness of traffic law enforcement;

- Confusions brought about by conflicting traffic and road safety schemes;

- Malpractices in issuing driver’s license for unqualified drivers; and,

- Among others.

Inter- Agency Cooperation and Networking:

There has to be an open exchange of information from strategies, polices


and tactics to good practice among the following agencies.

 Department of Transportation and Communications (DOTC)


- Land Transportation Office (LTO)
- Land Transportation Franchising Regulatory Board (LTFRB)
 Philippine National Police
- Highway Patrol Group
- Local Police
 Metro Manila Development Authority (MMDA)

 Department of Public Works and Highways (DPWH)


 Department of Health (DOH)
 Department of Education (DEPed)
 Department of the Interior and Local Government (DILG)

dandgaley
 Legislative Bodies (Congress and the Senate)
 University of the Philippines National Center for Transportation
Studies (UP-NCTS)
 Local Government Units (LGUs)
 Non-Governmental Organizations NGOs

The network should also involve the:

 Safety Organization of the Philippines


 Automobile Association of the Philippines (AAP)
 And the participation of auto manufacturers that are markedly
more active in road safety initiatives:

 Toyota Motor Philippines


 Ford Group Philippines
 Honda Cars Philippines

It is said that “ simply, a mixture of Enforcement, Education and


Engineering measures need to be done collectively to accomplish an
effective road safety system.” Now, let us mainly tackle the first three
pillars to identify the agencies and entities involved.

EDUCATION

This pillar of traffic management is a multi-disciplined approach to


improving the attitude, behavior, skills, knowledge and awareness of all road
users. Such an approach should provide and reinforce a sense of discipline &
responsibility for all types of road users from childhood to old age.

The Department of Education (DEPed) has the prime role on the following:

A. Schools (Public and Private)

1. Elementary Education:

a. Safety courses and guides stressing traffic safety.


b. Daily instruction stressing community priority.
c. Classroom discussion of accidents, incidents and safety
rules involving pupils.
d. Have students observe and discuss these in the classroom.
e. Use pictorial aids and graphic aids such as films, charts,
diagrams, slides maps, etc.
f. Organized school newspaper.
g. Promote safety through hiking, excursions, and bicycle
clubs.
h. Organized pupil safety groups.
i. Organized school safety patrols.

dandgaley
j. School, community and parents group.

2. Secondary Education:

a. The students are now reaching the age to drive and this is
the time to develop driving habits. Initiate driver education
programs.
b. Organized School safety patrol.
c. School Safety Organization.
d. Establish newspapers in the school systems.
e. Use pictorial and graphic aids.
f. School community and parents group.

B. Public Information Programs:

Responsibilities rest on all agencies with similar functions relating to


traffic.

C. Training:

Some agencies involved in the conduct of formal training are the following:

LTO (as a standard requirement for drivers);


PNP (for traffic personnel and accident investigators, civilian traffic
volunteers, etc.)
MMDA (for their traffic enforcers, apprehended drivers, etc.)
UPNCTS (introduction of trends, studies, modern approaches, etc)

ENFORCEMENT

Department of Transportation and Communication (DOTC) – Currently the


chair of National Road Safety Council (NRSC), DOTC shall be the primary policy,
planning, programming, coordinating, implementing, regulating, and
administrative entity of the Executive Branch of the government in the promotion,
development and regulation of dependable and coordinated networks of
transportation and communication systems as well as in the fast, safe, efficient
and reliable postal, transportation and communications services as provided for
under Executive Order No. 125.

Land Transportation Office (LTO) – Laws, rules and regulations governing the
registration of motor vehicles, operation or motor vehicles and traffic rules and
regulations as provided for under Republic Act 4136 as amended and other
related laws.

Land Transportation Franchising and Regulatory Board (LTFRB) – To


prescribed and regulate transport routes; grant, deny, suspend or cancel land

dandgaley
transport franchises; prescribe and/or adjust transport fares; issue injunction in
accordance with the Rule of Court; punish for contempt; issue subpoenas;
conduct investigations and hearing on violations of public utility laws and rules;
review motu propio decisions/actions of the regional offices; promulgate rules
governing proceeding before the Board and regional offices; fix, impose and
collect fees for services rendered; formulate and enforce rules and regulations for
transport operators for the promotion, safety and convenience of the public;
coordinate with other agencies towards improvement of the transport services
and to perform such duties and functions as may be provided by law and those
incident to the objective of Executive Order No. 125, 125-A and Executive Order
No. 202 dated June 19, 1987.

Metro Manila Development Authority (MMDA) – Set the policies concerning


traffic in Metro Manila and shall coordinate and regulate the implementation of all
programs and project concerning traffic management as provided for under
Republic Act No. 7924. Specifically, MMDA was given the authority for the
administration and implementation of all traffic enforcement operations, traffic
engineering services and traffic education programs, including the institution of a
single ticketing system in Metropolitan Manila.

Philippine National Police (PNP) – the responsibility is herein cited based on


RA 4136 : The Philippine Constabulary (now PNP) and the city and municipal
police forces are hereby given the authority and the primary responsibility and
duty to prevent violations of this Act, and to carry out the police provisions hereof
within their respective jurisdiction: Provided, That all apprehensions made
shall be submitted for final disposition to the Commissioner and his
deputies within twenty-four hours from the date of apprehension.

Local Government Unit – Under the Local Government Code is mandated to


pursue the general welfare of their constituents which covers road safety
services as basis for providing road / traffic ordinances and enforcement
schemes.

Legislative Bodies – Review effectives of existing laws and provides necessary


amendments to law’s gray areas.

Citizen Support Groups / Non-Governmental Organization:

1. Mobilize all groups into unified working force.


2. Develop the discipline and responsibilities among them.
3. Support public officials in administering traffic programs.
4. Convey ideas and measures to prevent accident problems.

ENGINEERING

dandgaley
1. Department of Public Works and Highways: They have the
responsibility for determining traffic flow patterns, through origin and destination
of person and things, planning, approving, funding constructions of:

a. National roads interconnecting cities and municipalities.

b. A network of National roads through cities and municipalities.

c. A yearly maintenance and repair program which includes


widening and re-designing of the present road system.

2. Local Public Works / Engineering Offices: Refers to Autonomous


Regions, Provincial, Cities, Municipal and Barangay Engineering Offices which
have the same responsibilities as the DPWH in providing a network of primary
roads within their respective jurisdiction, this includes a yearly maintenance and
repair programs.

3. Factors to consider in alleviating traffic problems:

a. Expressway; elevated on surface (Interchanges).


b. Limited access roads (Fenced and limited intersection).
c. Boulevards (Minimum intersection and opening).
d. Primary roads.
e. Secondary roads.
f. Feeder roads.
g. Bridges (rivers and railroads).
h. Over and Underpasses (Critical intersection)
i. Adequate Shoulders
j. Curbing and sidewalks
k. Adequate drainage facilities
l. Center linings:

1. Left and Right turns and through lanes properly


marked.
2. Stop bars of crosswalks and intersection.
3. Pedestrian crosswalks.

m. Pedestrian safety zones where needed.


n. Channelization of lanes where needed.

o. Traffic Signs:

1. Regulatory 4. Informative
2. Warning 5. Place Identification
3. Mandatory 6. Bus and Jeep Stop

dandgaley
p. Traffic signal lights:

1. Synchronization of lights where needed on main


arterial routes.
2. Pedestrian signals.
3. Proper timing of signals for traffic flow.
Note: Refrain from using officers to manually operate
Signals.

Elimination of obstructions:

1. Squatters
2. Vendors
3. Debris and construction materials
4. Trash and garbage
5. Dwelling or construction of any kind
6. Junk cars, goods and commodities
7. Business places and persons from using streets for
personal use.

q. Off-street parking facilities:

1. Financed through governmental or private resources.


2. Ordinances prohibiting construction of business
places unless they provide adequate parking for
customers and employee.

dandgaley
CHAPTER III

THE TRAFFIC SAFETY EDUCATION

Traffic Education is the crowning jewel of traffic management: and abstract


architect of social life and unyielding master of man’s destiny on the roadways.
This call to mind Dr. Jose Rizal’s words of wisdom, “The destiny and fate of
republic depend on sound education.”

As one of the 5 E’s of traffic management, it is a priceless gem in the


entire scale of social order on the road, liked to an oasis in a desert of roadway.
Therefore, traffic education must be free and there must be no economic barrier
to its acquisition.

TRAFFIC SAFETY EDUCATION – This can be carried out on the following


levels:

1. Imparting knowledge concerning traffic safety.


2. Training and practice in the actual application of traffic safety.
3. Developing traffic safety morality.

TRAFFIC SAFETY FOR CHILDREN – Traffic safety education for children is


highly unsystematic. This is usually carried out in the home through parental
education and in kindergarten and day nurseries. It is now necessary to make
this form of systematic education to lessen the number of children fatalities and
injuries.

DRIVER’S EDUCATION – in general driver instruction aims primarily to teach the


rudiments of driving. Secondary aims are enumerated as follows:

1. To instill awareness of one’s legal and moral responsibilities in traffic.

2. To teach the abilities required for one to be eligible for a driver’s license.

SAFETY CAMPAIGN – Safety campaign are mass publicity aimed to make road
users behave more safely. These basically focus on public information attitudes,
and particular or specific behavior or combinations of these. Road propaganda
may be intended simply to inform or it may be felt that the public is already aware
of the recommended behavior needed to be persuaded into adopting it.

BIORHYTHM – is the theory which asserts that a man exhibits constant variation
of life, energy and mood states.

 Man’s Theorized Cycles and Interpretation Rhythm is peculiar


characteristics of most natural phenomena.

dandgaley
Example:

1. The diurnal exchange of light and darkness.


2. The four seasons.
3. Out wet and dry season.
4. The waxing and waning of moon.

 The observation of the rhythm mentioned and their possible correlation


with the habits of man has led to a host of different theorist that their to explain
this correlation in term of physical, psychological, etc. The most famous if not the
most controversial is the theory of biorhythm are the following:

1. 23 days physical cycle.


2. 28 days emotional cycle.
3. 33 days intellectual cycle.

 The 23 days cycle is also known as our cycle of strength, endurance and
courage (the male component of a person). The 28 days cycle (equal to a girls’
28 day menstrual cycle) is also known as our cycle of sensitivity, love and
intuition (the female component of a person). All these cycles at the time we are
born. When the curve is above the center line, the biorhythm value is said to be
“high” or a person has more energy to spare.
Example:

1. Physical High – we tend to be energetic, strong and full of vitality.


2. Emotional High – we tend to be creative, artistic, cheerful and
happy.
3. Intellectual High – we are able to think quickly and logically.

 When the curve is below the center line, the biorhythm is said to be below
in a recharged period.
Example:

1. Physical Low – we tend to tired quickly; tend to succumb to illness


easily.
2. Emotional Low – we feel moody, irritable or depressed.
3. Intellectual Low – we find concentrating or remembering difficult or
we are likely to use poor judgment when any of the curves crossed
the center line, this is called a critical day wherein out systems
seems to be in state of transition. During a critical day people tend
to get sick easily, seem to lack coordination and tend to be an
accident prone.

IMPORTANCE IN THE FIELD OF SAFETY:

dandgaley
It should be borne in the mind that biorhythm do not predict what actually will
happen. All it does is to give us a hint on how we will tend to feel on a certain
day. The theory assert that people are accident prone if their biorhythm crosses
the center line on a certain day or is totally below the line on a certain day or is
totally below the line. So theoretically, if we know our biorhythm for a certain day,
we can psychologically cope up with any situation. If we can usually overcome
any ill effect by awareness and will power. These ideas have been put into use in
different countries in the world, and the result, help reduce accident rates until it
is totally refuted.

THE LEGAL SYSTEM FOR TRAFFIC SAFETY:

Licensing system – In the Philippines under R.A. 4136 as amended the


administration of the issuance of driver’s license is administered by the Land
Transportation Office.

Driver’s License – is issued to the driver it is not right but only a privilege
granted by the state to its citizen who possess the statutory qualification as
provided therefore. This classificatory statement is made to put to rest a wrong
notion that the driver’s license is a right.

It is also public document which has the legal presumption of


genuineness. (CCC Insurance Corp. vs. Court of Appeal, 31 SCRA 264).

Licensing Procedure – Generally, issuance of driver’s license are open to al


citizens provided that at the time of the filing of application, for student driver’s
permit the applicant must be at least 16 years of age, non-professional driver’s
license 17 years of age. Professional driver’s license 18 years of age and he
must know how to read and write, must be physically and mentally fit to drive
motor vehicle and must be clinically free from contagious diseases.

Kinds of Driver’s License:

1. Student Permit – The submission by the applicant of the birth certificate,


3-copies of ID pictures, payment receipt for the corresponding fees and having
met all the basic driver for the issuance of student permit requirements in a
condition precedent for the prospective.

It is at this stage, where a novice driver learned the rudiment of driving, the
essential components of motor skill and control of vehicles. Under existing
provision of law, the life of student permit validity is 1 year, but after 4 months and
the holder’s competency is proven beyond question, he is now legible to apply for
non-professional driver’s license.

Restrictions: allowed to drive only on the presence of a duly licensed driver. A


license driver duly accredited by the LTO, acting as instructor to the student-

dandgaley
driver, who shall be equally responsible and liable as the latter for any violation of
the provision of R.A. 4136 as amended by B.P. Blg. 398, May 18, 1983, and for
any damage done by the motor vehicle or account or as a result of its operation
by the student-driver under his direction.

Validity: 1 year from the date of issuance.

2. Non-Professional Driver’s License – There are two (2) kinds of


applicants for non-professional driver’s license:

a. holder of student permit for 4-5 months old and,


b. the applicant for the renewal of the expired non-professional driver’s
license.

The student applicant to avail the privilege must pass the oral and written
test given by the Land Transportation Office Licensing Center. The test includes
the examination of the applicants’ reflexes, the reaction, vision and other factors
to determine the applicants’ competence. Having passed the examination, the
applicants shall be advised to undergo the practical driving test under the
supervision of the Land Transportation Office Examiner to check his skill and
control of the motor vehicle. After having successfully passed all the
examinations, the applicant shall be photographed with the name and
corresponding control number, after which, a temporary driving license shall be
issued.

After the expiration of 90 days from the issuance of temporary driver’s


license, the holder shall return to the same LTO agency for the release of the
laminated license card.

Restriction: a) The holder is allowed to drive his own Vehicle only and not
to earn livelihood.
b) The type of category of vehicle authorized to be driven is
indicated on the face of license.

Validity: The license is valid for 3 years from the date of issuance and renewable
every 3 birth months of succeeding years and automatically expires if not
renewed on due date.

3. Professional Driver’s License – the change of status from non-


professional driver’s license does not require the holder to submit to other test or
examinations. The only exception is when the holder of the professional Driver’s
license is applying for renewal in which case the agency requires the applicant to
submit medical certificate.

The distinctive features of the holder of professional driver’s license is the


privilege to make driving a means of livelihood.

dandgaley
Restrictive : the type or category of authorized to drive is indicated on the face
of the license.

Validity – the license is valid for 3 years from the date of issuance and
renewable every 3 birth months of the succeeding year and automatically expires
if not renewed on due date.

4. Military Driver’s License – This is one of the two (2) special types of
license issued by the agency for limited and special purpose.

While the issuance is made by the Armed Forces of the Philippines (AFP),
however, the holder have to pass all the test and examination in compliance with
the rules and regulation thereof.

Restriction – the holder must be military personnel and authorized to drive a


military vehicle only.

Validity – the license is valid for 3 years from date of issuance and renewable
every birth month of succeeding year and automatically expires if not renewed on
due date.

5. International Driver’s License – This is the second special type of


license issued for special purpose and issued by the Philippine Motor Association
(PMA). In other countries like the Philippines, it is mandatory that the applicant
must be a holder of domestic license, a sine-quanon before the issuance of
International Driver’s License.

This kind of license is also issued to foreigner or tourist with foreign


driver’s license who desire to drive after the period of 90 days stay or sojourn,
provided the applicant comply with the basic requirement for licensing.

Restriction – a citizen holder of this kind of license is not authorized to


drive in the roadways unless he carries with him the valid local
driver’s license.

Validity – this license is valid as indicated therefore and recognized in


countries signatories to the Geneva Convention.

DRIVER’S LICENSE RESTRICTION CODE

 A driver holding a driver’s license with Restriction Code No. 1 is limited to a


motorcycle.

In general the use of the term “VEHICLE” in RC 2 & 3 refers to any motor vehicle
regardless of the transmission whether conventional or automatic. On the other hand,
the use of the term “AUTOMATIC CLUTCH” in RC 4 & 5 means that the licensee is

dandgaley
limited to drive a vehicle with automatic clutch or transmission only. Restriction code are
further categorized according to the Gross Vehicle Weight (GVW) of the as indicated in
the following:

 A driver holding a driver’s license with Restriction Code No. 2 is authorized to


drive a conventional motor vehicle with Gross Vehicle Weight (GVW) of up to
4500 kg. He is also authorized to drive a motor vehicle with automatic
transmission (clutch) with the same weight.

 Similarly, a driver holding a driver’s license with Restriction Code No. 3 is


authorized to drive a conventional motor vehicle with GVW above 4500 kg. and
also authorized to drive a motor vehicle with automatic transmission (clutch) with
the same GVW.

 A driver holding a driver’s license with Restriction Code No. 4 is only authorized
to drive a motor vehicle with automatic transmission with GVW of up to 4500 kg.
He is in violation of the rules if he drives a motor vehicle whose transmission is
conventional with the same GVW and

 Similarly, the authority of a driver holding a driver’s license with Restriction Code
No. 5 is limited to a motor vehicle with automatic transmission (clutch) with GVW
above 4500 kg. He is not allowed to drive a conventional motor vehicle with the
same GVW. (LTO Memorandum dated 23 February 1998)

LOST DRIVER’S LICENSE

In case the license has been lost or cannot be produced, the licensee
shall apply for a duplicate of the original on file with the LTO by filing a sworn
statement that such license has been lost and that a thorough and diligent search
was futile. Sec. 26, R.A. 4136 as amended.

dandgaley
FORM – NO. 1

AFFIDAVIT OF LOSS OF DRIVER’S LICENSE


REPUBLIC OF THE PHILIPPINES )
MUNICIPAL OF ……………………. ) SS.
PROVINCE OF …………………….. )

AFFIDAVIT

I, ………………………………., of legal age, single/married to……………………….. and


having been duly sworn on oath in accordance with law hereby voluntarily depose and say:

1 – That I am a driver by profession, with License No……………………….. issued by the


Land Transportation Office at ……………………………………………………………
………………………………,

2 – That sometime the month of …………………………………….. and ……………. I was


at ……………………………….…. and thereat earning my livelihood as driver for Mr.
…………………………………,

3 – That quite by accident, on the………. day of ……………… more or less, my wallet fell
from my hip pocket while I was on my way to work; That I noted he loss only when, upon
reaching my destination, I saw that my wallet was gone, together with my driver’s License No.
…………………………. and a little money.
4 – That I took pains to look for the said wallet and license but to no avail.

5 – That I am executing this statement to attest to all the above facts, and to request the
proper authorities to grant me a new license.

IN TRUTH WHEREOF, I have hereunto signed my name below, this ………… day of
……………………… 200….. at …………………………………………………

……………………………
Affiant

SUBSCRIBED AND SWORN to before me, this ……. day of …………………… 200…..
by ………………………………………. Who exhibited to me his Community Tax Certificate No.
…………………………….. issued at ……………………………..

Notary Public
Until December 31, 200…..
PTR No. …………………..

Doc. No. ………;


Page No. ………;
Book No. ..........;
Series of 200......;

dandgaley
HUWARAN BLG. IKA – 2

SINUMPAANG SALAYSAY SA PAGKAWALA NG LISENSIYA

REPUBLIKA NG PILIPINAS )
BAYAN NG ........................... ) SS.
LALAWIGAN NG ................. )

SALAYSAY

AKO, ....................................................., sapat and gulang, walang asawa/may asawa, at


naninirahan sa ……………………………………………….Pagkatapos makapanumpa nang sang-
ayon sa ipinag-uutos ng batas ay malaya at kusang-loob na ito ay nagsasaysay:

1 – Na ako ay nagmamaneho bilang hanapbuhay, at may Lisensya ng pagmamaneho


Blg. .......... na gawad ng Lupon ng Pahatirang-sasakyan sa ........ noong ika-... ng ......200....;

2 – Na noong petsa ................ hanggang katapusan ng buwan ng .................... ako ay


nasa ........ at doon naghahanapbuhay kay G. ........... bilang kanyang tsuper sa ........;

3 – Na sa hindi sinasadyang pangyayari, noong ika ............. ng naturang buwan


ng ............................... ay nahulog sa aking lukbutan ang aking pitaka, samantalang ako ay
papunta sa aking pinaglilingkuran, at ng aking mapansin at hanapin sa aking bulsa ay wala na
ang naturan kong pitaka, kasama na ang aking lisensiya Blg. ................... at kaunting salapi;

4 – Na sinikap kong hanapin and naturang pitaka at lisensiya, datapwat hindi ko na


nakita;

5 – Na ang Salaysay kong ito ay aking isinagawa bilang patotoo sa lahat ng nabanggit
na sa itaas nito, at upng hilingin sa Kgg. Na Lupon ng Pahatiran-Sasakyan na ako ay gawaran ng
panibagong lisensiya.

SA KATUNAYAN NG LAHAT NA ITO, ako ay lumagda sa ibaba nito, ngayong ika-...........


ng ................................. 200......, dito sa .........................................................

...........................................
Nagsalaysay

NILAGDAAN AT SINUMPAAN sa harap ko, ngayong ika-..... araw ng buwan ng .........,


2000....., Ni ............., na may K.P. Blg .......... Gawad sa ............. noong ...................

NotaryoPubliko
Hanggang ika 31 ng Disyembre, 200.....
PTR Blg........................

Kas. Blg. .............;


Dahon Blg. .............;
Aklat Blg. .............;
Taong 200 .......;

dandgaley
DRIVER’S DUTIES

The Driver - any licensed operator of a motor vehicle. Section 3 (d), R.A. 4136
as amended. Thus, no person shall operate any motor vehicle without first
procuring a license to drive a motor vehicle for the current year, nor while such
license is delinquent, invalid, suspended or revoke. The license shall be carried
by the driver at all times when operating a motor vehicle, and shall be shown
and/or surrendered for cause and upon demand to any person with authority
under Section 19, R.A. 4136 as amended.

Duty of the driver in case of Accident – In the event that any accident should
occur as a result of the operation of a motor vehicle upon a highway, the driver
shall stop immediately, and if requested by any person present, shall show his
driver’s license, give his true name and address and also the true name and
address of the owner of the motor vehicle.

No driver of a motor vehicle concerned in a vehicular accident shall leave


the scene of the accident without aiding the victim, except under any of the
following circumstances:

1. If he is in imminent danger of being seriously harmed by any


person or persons by reason of the accident.

2. If he reports the accident to the nearest officer of the law; or

3. If he has to summon a physician or nurse to aid the victim. Section


55, R.A. 4136 as amended.

The Conductor – As mandated by law, the conductor must pass the statutory
qualification before a license is issued in his favor, a condition precedent to his
employment. He shall be exclusively held liable if he allow, more passengers or
more freight or cargo in his public utility trucks or buses. Section 32, R.A. 4136
as amended.

DRIVING TIPS: The driver should be:

1. Thoroughly rested before starting a long drive.


2. Avoid driving when emotionally upset.
3. Never drive more than hours than your normal workday.
4. Map your trip out well in advance.
5. Avoid heavy meals or alcoholic beverages.
6. Never leave children alone in an unattended vehicle.
7. Keep your speed not only within the law but always within responsibility
and prudence considering the given traffic conditions.
8. Help other driver who wishes to pass.

dandgaley
9. Avoid stopping if arriving at the scene of the accident unless you can
render aid.
10. Avoid artificial stimulant to keep awake, top and sleep.
11. Drive as far as possible if meeting a one-eyed car.
12. Avoid overloading the car; distribute the weight evenly.
13. If you do smoke while driving, train yourself to do it without taking off your
eyes on the road.
14. Glance at your speed meter frequently, know at all time the exact speed
you are traveling.
15. Make you see and you are seen.
16. Saying “I didn’t know” is not an excuse.
17. Remember that 9 out of 20 accidents are cause by human error.
18. Obey traffic rules and be prepared to adjust for driving error made by
others.
19. Yield the right of way to a police car, ambulance or fire truck flashing a red
and blue light and stopped along side of the road or at the scene of the
accident.

Rules for the Driver:

1. Give pedestrian chance by allowing an extra-margin of safety in stopping


distance when they seem afraid, confused, absent-minded, etc.

2. On intersections not controlled by lights or peace officer, pedestrian have


the right of way the moment he start to cross.

3. Avoid blowing of horn to the pedestrian. You have no legal right to require
him to run or get out of your way.

4. Beware of children playing on the street. They are traffic hazards almost
impossible to control.

Rules for Motorists

Motorist: The man behind can’t read your mind……


“SIGNAL.”

1. SAFETY INSPECTION:

 Check Tire (spare too) before trip for sign of wear, damage or wrong
inflation.
 Check break pedal for too much travel. Have mechanic check fluid
level and break adjustment.
 Check lights (signals, head, tail, parking and break lights).
 Check wind shield (wiper, washer, defrosters), for clear vision.
 Check steering for excessive play.

dandgaley
 Check oil, battery and water before a trip.

“THE TEN (10) COMMANDMENTS OF TRAFFIC”

Many motorists are seem to be taking the basic traffic principle for
granted. And they do so, causing monstrous traffic jams. These sets of rules are
to remind constantly our motorists to do their share in keeping orderly traffic.

1. KEEP RIGHT.

The driver of a motor vehicle shall always drive his vehicle to the right
except when overtaking another vehicle proceeding in the same direction and
shall pass at a safe distance to the left thereof, except that, on a highway, within
a business or residential district, having two or more lanes for the movement of
traffic in one direction, the driver of a vehicle may overtake and pass another
vehicle on the right. Section 39, R.A. 4136 as amended.

On a highway having two more lanes for the movement of traffic in one
direction the driver of a slow moving vehicle shall drive to the right, while the
driver of a fast moving motor vehicle to the left.

In cases of an incoming emergency motor vehicle, the non-emergency


vehicle shall immediately drive to the right to enable the former to overtake the
latter.

2. OBSERVE ROAD COURTESY.

One must yield to emergency vehicles, pedestrians, trains, vehicles with


right of way, vehicles ahead, large vehicles, uphill traffic, traffic with momentum,
straight traffic, and traffic signs.

By emergency vehicle, the LTO refers to:

 Vehicles with physicians on emergency call.


 An ambulance on emergency call.
 Vehicle with wounded or sick person for emergency treatment.
 AFP/PNP vehicles during response to emergency situation.
 Vehicles in pursuit of a criminal including a law enforcer overtaking
of pursuing a traffic violence.
 A police or fire department vehicle on call.

THE RIGHT OF WAY RULE:

Right of way – means the right to proceed ahead of another vehicle or


pedestrian. Note: a high percentage of all collision occurs at intersection. Many of

dandgaley
these may be attributed to the driver’s uncertainty or failure to observe the rules
of the right of way.

Intersection: When two vehicles approach or enter an intersection at


approximately the same time, the driver on the left shall yield the right of way to
the vehicle on right, except as otherwise herein after provided. The driver of any
vehicle traveling at any unlawful speed shall forfeit any right of way which he
might otherwise have hereunder. Section 42 (a), R.A. 4136 as amended.

Pedestrian: The driver of any vehicle upon a highway within business or


residential district shall yield the right of way to a pedestrian crossing such
highway within crosswalk, except at intersection where the movement of traffic is
being regulated by a peace officer or by traffic signal. Every pedestrian crossing
a highway within a crosswalk, shall yield the right of way to vehicles upon the
highway. Section 42 (c), R.A. 4136 as amended.

Thorough Highway or Railroad Crossing: the driver of the vehicle upon a


highway shall bring to a full stop such vehicle before traversing any “thorough
highway” or railroad crossing: Provided, Then when it is apparent that no hazards
exists, the vehicle may be slowed down to five miles per hour instead of bringing
it to full stop. Section 42 (d) R.A. 4136 as amended.

The driver of vehicle entering a “thorough highway” or “stop intersection”


shall yield the right of way to all vehicles approaching in either direction in such
“thorough highway” Section 43 (c), R.A. 4136 as amended.

Police and other Emergency Vehicle: The driver of a vehicle upon a highway
shall yield the right of way to police or fire department vehicles and ambulance
giving audible signal, the driver of every other vehicle shall immediately drive the
same to a position as near as possible and parallel to the right hand edge or curb
of the highway, clear of any intersection of highway and shall stop and remain in
such position, unless otherwise directed by a peace officer, until such vehicle
shall have passed. Section 49, R.A. 4136 as amended.

While the driver officially operating a motor vehicle of any fire department is
exempted to speed restriction, however, it shall not be construed to allow useless
or unnecessary fast driving of drivers .Section 35 (c) (7), R.A. 4136 as amended.

From Private Road to Highway: a vehicle from a private road must yield to that
on a highway and a vehicle from a street / highway must yield to one on a
“thorough street/highway”. Section 43 (a), R.A. 4136 as amended.

3. PROHIBITED PARKING: Vehicles should not be parked near or within


intersection; On crosswalk or Pedestrian lane; within 6 meters of the intersection
of curb lines; within 4 meters of the driveway entrance of any fire station,

dandgaley
hospitals, clinic and others; within 4 meters of a fire hydrant; in front of a private
driveway; double parking or on the road side of any vehicle stopped or parked;
on the sidewalks, path or alleys not intended for parking; at the foot of the bridge;
at any place where official signs are posted prohibited parking or to be declared
“NO PARKING” zone by MMDA-Toc. MMDA Ordinance No. 11 dated 24 May 91.

4. IF IN DOUBT, DO NOT OVERTAKE. In general, the overtaking lane is the


lane to the left of the overtaken vehicle going in the same direction. The
overtaken vehicle is the burden vehicle.

Before overtaking, consider these reminders.

1. Signal the intention.


2. See to it the overtaking lane is clearly visible and free of oncoming traffic
for a sufficient distance ahead so that overtaking can be made safely.
3. And then maneuver at own risk to overtake and pass the other vehicle
safely at a distance to the side of the overtaken vehicle when a lane is
clear.

 The vehicle being overtaken is the privilege vehicle. The driver keeps his
lane, reduces of maintain speed, and allows the overtaking vehicle to
pass.
 He shall not increase the speed until completely passed by the overtaking
vehicle.
 In an undivided two way-lane roadway, the overtaking vehicles passes at
a safe distance to the left of the overtaken vehicle and shall not again
drive to the right side of the highway until safely clear of the overtaken
vehicle.
 In an expressway with a fast and slow lane or in any divided roadway, a
driver may overtake on either lane.
 The vehicle being overtaken running at regulations sped on his lane is the
privilege vehicle. The driver keeps his lane reduces or maintain speed,
and allows overtaken vehicle to pass.
 Overtaking is prohibited at crest of a grade, curve, railway, crossing,
intersection and between construction or caution.

5. THE BUS-STOP RULE.

 Buses queue up in a single file in their order of arrival.


 The lead bus moves forward to center of the column of buses lining-up on
the bus stop zone, and may remain until the zone is filled up with buses,
but not linger than three minutes.
 Any bus has the option to move out of area anytime or bypasses a bus
stop. There shall be no doubling up at any point in the bus stop zone.

dandgaley
6. RULES TO PREVENT OR UNTANGLE TRAFFIC JAMS. Keep opposing
lanes and intersection open. In heavy, slow or stopped traffic, there shall be no
overtaking. In a construction, the vehicles should merge alternately.

7. OBSERVE THE TRAFFIC MANAGEMENT MEASURES. Like the bus


yellow lane, bus stop segregation scheme, truck b an, counter flow-reversible
lane, one way, car pool (at least three passenger in EDSA), odd-even scheme
and restraints on turning.

8. THE PHILISOPHY OF A PINOY DRIVER. Motorists should observe equity


of the lead vehicle, doctrine of the last clear chance, and the first come first
served or Rotunda rule.

9. ON PEDESTRIAN. Keep off road way except to cross on crosswalk. Wait,


embark, and light at bus or jeep stop.

10. REMEMBER THE INTERNATIONAL DRIVING SAFETY REMINDER.


Safety first.

dandgaley
CHAPTER IV

TRAFFIC LAW ENFORCEMENT AND MANAGEMENT

Order in any society is already dependent upon the uniformity of behavior


by its members. Traffic laws are an attempt to provide specifications for
conventional behavior on the highway. The rules for conventional behavior were
developed mostly from experience over the years. Those which have survived
the test of time are the basis for our present laws and ordinances. The first laws
concerning driving behavior resulted from custom and common usage. When
automobiles first appeared on the highway it become necessary to establish
certain rules as to how individual drivers should use the highway. Since most
conflicts occur because two vehicles attempt to occupy the same space at the
same time it is not surprising that most early traffic laws are concerned with
specifying who had the immediate right to use the road. As motor vehicles
become more numerous, highway system become more extensive and people
learned more about the problem involved in driving, additional laws were
developed to define safe driving behavior in general.

Traffic laws, like other laws, reflect the belief, behavior, and standard
agreed on by society. They do not relate to behavior which is necessarily bad in
itself, as are laws against theft, assault, and indecency. They exist in order to
identify and encourage behavior in accord with the accepted pattern, and to deal
with those who will not conform and who thus aggravate the hazards of traffic
movement.

Increases volumes and speeds of traffic have made necessary an


increased refinement in rules of behavior. Traffic laws, in defining conventional
behavior for all possible situations become more complex. They are not always
interpreted and applied in a uniform manner and are not self-enforcing. What is
officially acceptable driving behavior at a given time depends upon:

1. The words in the law book which state explicitly the kind of behavior
to be followed.
2. Judicial interpretation of how the laws are to be applied.
3. Administrative interpretation of how the laws are to be applied
usually reflected by policies, tolerance and assignments of enforcement
personnel.
4. How the individual officer feels about driving behavior which occurs
in his presence.

The law therefore is one of the characterizing symptoms of our civilization,


and the quality of the law tends to reflect the quality of civilization which produces
it, at its best, it tends to make it possible for civilized people to live together in
peace and happiness. In this connection, one of the major purpose of the law is
the restraint of those persons and the prevention f those acts which tend to

dandgaley
obstruct and limit the peace and happiness of society. Since the ends of the law
are the promotion of justice and the protection of welfare, it must serve no
master.

The law becomes a mockery when it is reduced to the service of special


privilege. A citizen charged with a minor traffic offense sometimes exhaust every
means to have his case disposed of other than established procedures. Such
activity is destructive of enforcement and corrosive of the law, weakening the
foundations of society and its government.

Under these considerations, the purpose of traffic law enforcement, like


that of the general law enforcement, is to off-set the selfish motivation and to
condition community habits through conditioning habits of individual. It is a basic
requirement in the orderly economic and social development of street and
highway transportation. Traffic law, like anybody law, is sterile unless it is
inherently sound and supported by effective enforcement machinery.

Since it affects human conduct directly, traffic law enforcement, whenever


adequate to the problem in both quantity and quality, produces substantial and
meaningful results. When such productive enforcement is contained over a
period of years, community habits are improve to the extent that less
enforcement is necessary to maintain the more orderly and safer conditions thus
produce.

ENFORCEMENT THEORY

Traffic Law Enforcement – is the action taken by the police and the court to
compel obedience to traffic laws and ordinances regulating the use and
movement of motor vehicles for the purpose of creating a deterrent to unlawful
behavior by all potential violators.

It is also applies to statutes, ordinances and legally authorized regulations


relating to use of streets and highway and ownership and operation of motor
vehicles.

Enforcement of Traffic Legislation – is the area of activity aimed to controlling


road user behavior by preventive, persuasive and punitive methods in order to
effect the safe and efficient movement of traffic.

THE TRAFFIC LAW ENFORCER

A person who is duly deputized by an agency authorized by law to enforce


traffic laws, rules and regulations.

dandgaley
The most visible symbol of lawman at its best, the man for all seasons
whether fair or foul weather. The man who is often brutalized, whether he is the
honest, the brightest of the best.

Undoubtedly, there is no public servant most misunderstood and maligned


than the traffic law enforcer. The public perception that traffic law enforcer walks
in an atmosphere of greed and crookedness.

Thus, why then the traffic law enforcer is to be blamed when vehicles
move in snail-pace because of unpaved roads and not the Public Works and
Highway? Why then the traffic law enforcer becomes the villain if a 40-footer van
stalled on a highway and hinders the traffic flow and not the maintenance
mechanics? Why then he is crucified if flash floods cause traffic snarls due to
impassable roads and not the Mother Nature? Why then the traffic law enforcer
never escapes vilification even during earthquakes and fortuitous events when
the traffic is at a standstill?

The ordeal of the traffic law enforcer does not end with these incredulous
rages. Already battered by criticism, he had to face with unsympathetic media
men who portray the negative and ignore the positive. For in this was of words, it
is feared that the proverbial dice is loaded with hidden agenda. By these
machinations of the press, the traffic law enforcer’s integrity and profession have
practically lost their respectability and morality; his image abused and destroyed.

How can a traffic enforcer defend himself against this public perception of
guilt? Could there be a better approach to regain the lost prestige? How can the
battered image of the traffic law enforcer be refurbished? How will he reverse the
avalanche of these unfounded public perceptions?

For all of these, there is but one unquestionable conclusion: widespread


lack of discipline among the citizenry, the general public and officialdom. Traffic
laws, rules and regulations have been violated but the violators remain
unscathed and free. This mutual failure has resulted into the roots of traffic
problems. It will remain unabated until the majority learns that traffic problem is
the responsibility of all. What is tragic, the traffic law enforcer becomes the
epicenter and interest of public ridicule and scrutiny. What a bitter pill he has to
swallow.

FUNCTIONS OF TRAFFIC ENFORCEMENT

Police Traffic Law Enforcement – The part of traffic enforcement performed by


the police and other agencies with police power including deterrent to law
violation created by the presence of uniformed police officer and their special

dandgaley
equipment, special assistance to court and prosecutors and incidental service to
highway users.

Court Traffic Law Enforcement – The part of traffic law enforcement performed
by the court by adjudication and penalization.

Police Court Enforcement Process – involves five (5) essential steps which the
police provides varying responsibilities and influence.

Detection – wholly police responsibility and entail looking for defects in the
behavior of motorist, pedestrians, vehicles, equipment and roadway condition.
Requires knowledge on law on the part of the police.

Apprehension – wholly a police responsibility where the police is required to


take action at once to prevent continued and future violation.

Prosecution – While this is a court function, the police also provides


corresponding influence through preparation and introduction of evidence or
close contact with the prosecution officer.

Adjudication – while is obviously a court function, the police provides influence


on this step by acting as a witness to the prosecution or supplying additional
evidence. This step determines the guilt or innocence of the accused.

Penalization – the court imposes the penalty upon the accused. The penalty is
greatly influenced by previous records of conviction as provided by the police.

GOALS OF ENFORCEMENT ACTIVITIES:

 To increase safety level.


 To increase traffic efficiency.
 To insure harmonious and comfortable environment.

Conflict of interests in the achievement of these goals sometimes resulted to:

 Attempt to maximized safety sometimes reduces efficiency.


 Maximization of efficiency sometimes detracts from safety. Therefore, in
the design and implementation of any enforcement program, the ideal
situation would be to have a clear concise and detailed statement of
objective and how they might be achieved.

OBJECTIVES OF TRAFFIC LAW ENFORCEMENT

Preventive Activities – such as preventive patrols, directing, supervising traffic,


investigating accidents and eliminating road hazards.

dandgaley
Persuasive Activities – such as oral, written warning or visible patrols.

Punitive Activities – normally dealt with by the courts, police or traffic


authorities.

TRAFFIC ENFORCEMENT SYSTEM

The enforcement to traffic law is a complex procedure. There are many


methods of enforcement and various methods of testing their effects. The
“MAJOR ELEMENTS” in the traffic enforcement system are:

1. Enforcement systems – consists of the legislation, police, court and


penalties. Legislation defines and specifies correct (or incorrect) road user
behavior. The police, court and to a lesser extent traffic authorities are charged
with the responsibility of ensuring that these laws are adhered to. Preventive
persuasive and punitive techniques are used to induce compliance with
legislation.

2. Road users – include pedestrians, pedal cyclist, drivers and passengers.


The road users system can be defined in term of knowledge, skill, attitude and
characteristics, such as age, sex, health, road experience, etc. These factors
affect road user behavior which is controlled favorably by the enforcement
system.

3. Traffic system – consist of the entire road and vehicle complex. The road
user exhibits certain behavioral patterns which lead to inefficiencies in the traffic
system. These inefficiencies can be measured in term of congested flow and
accidents.

Each of these elements is a complex system in itself. The elements


correspond with one another to form the traffic enforcement.

TRAFFIC LAWS AND THE ROLE OF ENFORCEMENT

Enforcement is a complex activity because it deals with human behavior. It


is concerned with peoples attitudes, habits, personality and motives. In order to
deal with law violations effectively, it is necessary to understand something about
the following:

 What traffic laws are? All traffic law enforcement is based on the traffic
laws:

dandgaley
1. The first laws concerning driving behavior which were developed mostly
from experience over the years resulted from custom and common usage.

2. Traffic laws, like all other laws, reflect the beliefs, behavior and standard
agreed on by society.

3. Traffic law violations are classified into two (2) groups:

a. Hazardous traffic law violation – any violation of any law, ordinance,


or regulation affecting the use or protection of the streets and highways
enacted primarily to regulate the safe movement of vehicles and
pedestrians. There are two (2) general kinds of hazardous violations.

 Unsafe behavior – which is an action omission which is


hazardous even when vehicles, streets or people involved
are in compliance with legal provisions; and

 Unsafe condition – which is causing or permitting illegal or


possibly hazardous conditions of a driver, street or highways,
and vehicles used in traffic.

b. Other Traffic law violations – are violations of any law, ordinance or


regulation affecting the use and protection of street or highways but which
are not enacted primarily to regulate safe movement of vehicles and
pedestrians.

WHY PEOPLE VIOLATE TRAFFIC LAWS

The reason are varied and complex. Some of these are:

1. Physical disabilities and infirmities.


2. Ignorance of traffic laws, rules and regulations.
3. Mental disorder.
4. Lack of training and experience.
5. Wrong attitude towards driving, risk taking, enforcement and traffic
laws.
6. Lack of discipline leading to deliberate traffic violations.
7. Need for drivers of public utility vehicles competing for time and
passengers for increased compensation and commission.

Consideration which act as deterrent to motorist and pedestrian:

1. Fear of fine and punishment.


2. Loss of driving privilege.
3. Possibility of being involved in accident.

dandgaley
4. Positive area of good citizenship, doing what is right and setting an
example.

How enforcement affect drivers – often subtle and far reaching. Understanding
these effect will help provide understanding of the objectives of enforcement
clearly.

CAUSES OF HUMAN BEHAVIOR: can be classified into two general categories:

1. Positive motives – induces a person to seek something for the


satisfaction it will or it expect to provide i.e. Strong desire to drive faster than
condition would dictate as safe.

2. Negative motives – causes people to avoid action they know or believe


will have unpleasant consequences.
Example: Strong fear of becoming involve in an accident or being arrested for
violating the law.
If conflicting motives exist, people tend to rely on the stronger force and
sometimes take illegal behavior like driving faster than the law requires.

Enforcement is directed toward those situations in which the driver’s


positive desires are in conflict with conventional behavior prescribed by law
developing negative or avoidance action on the part of the drivers.

The principal power of enforcement is the power to punish or to make a


forbidden act unpleasant. If enforcement is frequent and a penalty is certain,
these procedures are strong negative response to committing certain acts. If the
negative implications developed through enforcement are strong enough they will
resolve conflicts concerning prohibited action by making the anticipation of
unpleasantness outweigh temporary desires to have illegally.

Enforcement creates these feeling or beliefs in drivers in two ways:

 Observation effect – if a driver sees a police officer or identifiable police


vehicle, he is reminded that he must obey the law or suffer the consequences.
Few drivers violate traffic laws when they are in the presence of police officer.
The Officer is a symbol of authority who inhibit certain types of driving behavior.
While he is present the risk of being apprehended and penalized for violating is
high. How long this effect will last after the officer leaves the immediate vicinity
depends upon: the strength of the symbol of enforcement authority and
frequency with which the driver sees such symbol. The strength of the authority
symbol is determined principally by what enforcement officers do. If they take
action each time a violation and dangerous driving practice is observed, the
deterrent effect of seeing an officer tends to be high or more lasting. If action is in

dandgaley
frequency of observation depends of course on how many police officers are
available.

 By reputation – the long range effect of enforcement programs in a


community creates general beliefs concerning police and enforcement which do
not depend directly upon seeing a police officer. If enforcement is steady and
active over a long period of time drivers develop the feeling that their risk of being
apprehended at any time is high. If the estimate of risk is high, drivers do not take
the chances of being frequently. As a result, long term changes in driving habits
of the community gradually begin to take place. It is the “influence by reputation”
that enforcement strives to attain. It is usually these long range effects which lead
to permanent improvements in the driving habits of the community.

POLICE TRAFFIC ENFORCEMENT ACTION

The part of the police traffic law enforcement involving arrest, citation or
warning of any person believed to have violated a law, ordinance or rules and
regulations pertaining to the use of traffic ways, when the person has knowledge
of this action and it is to:

1. Prevent such violation from endangering person or property or


inconveniencing other user of the traffic way.
2. Prevent continued violation.
3. Discourage future violation.

KINDS OF ENFORCEMENT ACTION

1. Traffic Arrest – is an enforcement action which consists of taking a


person into custody for the purpose of holding or detaining him to answer a
charge of law violation before a court. Arrest is made when the;

a. Offense committed is serious.


b. Detection is necessary to avoid continued violation.
c. There is reasonable doubt that the violator will not appear in court.

2. Traffic Citation – is made of having violator appear in court without


physical arrest. The issuance of citation ticket is the most common enforcement
action made by the police. This is an efficient system since majority of violators
with minor offenses are punish promptly by paying their fine at an administrative
body with court appearance. Or any traffic enforcement action contemplates trial
adjudication or disposition to determine the guilt or innocence of a person is kept
by the police or some other official agency for future reference.

3. Traffic warning – is an enforcement action which does not contemplate


possible assessment of penalty by the court or otherwise as a result of warning
alone. The three kinds of warning:

dandgaley
 Visual warning – are usually used when you have observed a
minor violation but are importantly occupied at a moment. You
indicate by gesture of the hand, and of the head, a toot of the horn
that you are aware of the violation. Such action reminds the
violators that he has committed the violation and that the police are
observant.

 Verbal warning – are really a form of safety education. You tell the
violator that he has violated the law and explain the hazards of
such actions. They are frequently used when there is a new
preliminary phase calls for a period of public education.

 Written warning – are combination of verbal warning and citations.


They gave the spirit of the verbal warning and the verbal warning
and the form of citations. Because it is written and resembles a
citation the written warning has more noticeable deterrent effect
than a verbal warning. There is no immediate penalty attached and
it allows the violator an opportunity to profit by his error putting an
emphasis on education rather than discipline.

DECISION OF ENFORCEMENT ACTION

1. Necessity of establishing policies including tolerances.


2. Factors considered.

a. Degree of violation: serious or minor violation.


b. Accuracy of observation: use of mechanical or electronic measuring
devices.
c. Continuous or momentary action – a factor in some type of
violation.
d. Traffic and weather condition.
e. Evidence gathered.
f. A new law or not – the latter requires a period of special
consideration.

TRAFFIC PATROL

That part of police traffic supervision which consist of driving and walking
here and there in an area or to and from on a road for the purpose of traffic law
enforcement and to provide traffic connected service to the public.

OBJECTIVES OF TRAFFIC PATROL

1. Deterring violation and dangerous driving.

dandgaley
2. Detecting and apprehending violators.
3. Observing and reporting of traffic condition.
4. Observing and reporting road condition.
5. Providing certain services to the public handling emergencies and keeping
traffic.

TYPES OF TRAFFIC PATROL

1. Line patrol – is a moving patrol or a stationary observation on a specified


road between two points usually on one city street or a section of a
highway.

2. Area patrol – traffic patrol or stationary patrol observation in an area or


heat which includes a number of street, roads or a section of highway.

TRAFFIC OBSERVATION

1. Stationary Traffic Observation – it is a traffic observation at a selected


place, usually one with an unfavorable accident experience or traffic flow
problem, for traffic law enforcement purposes and to detect violations of to deter
possible violators.

2. Conspicuous Traffic Observation – it is a stationary observation in


which the observer tries to attract attention by keeping in full view of traffic.

3. Visible Traffic Observation – it is a stationary in which the observer is in


full view but located, for example, on side street, as to require effort on the part of
traffic to discover the observer.

4. Conceal Traffic Observation – it is a stationary observation in which the


observer is not visible to persons using ordinary powers of observation from the
road way being observed.

PURSUIT IN TRAFFIC ENFORCEMENT

1. Decision-type and seriousness of violation is an important factor to pursuit.


2. Pursuit techniques.
3. Safety driving pursuit.

STOPPING AND APPROACHING TRAFFIC VIOLATOR

1. Stopping a violator must be done with consideration to your safety, the


driver you stopped, to other drivers and pedestrians.
2. Approach the violator preferably on the left side from the rear and be alert
for the unexpected.

dandgaley
TRAFFIC ROAD CHECK

Objectives: to detect or inspect the following:

a. Faulty vehicle equipment


b. Registration and licensing violation
c. Intoxication or cargo of commercial or transportation vehicle for load
weight.

Types of traffic road check:

a. Faulty vehicle equipment


b. Officer-directed road check

Consideration during road check:

a. Minimum delay to motorist


b. Thorough checking procedure
c. Protecting and safety of both motorist and officer
d. Timing, location and frequency

OFFICER-VIOLATOR RELATIONSHIP:

1. Two objectives in dealing with a violator:

a. Immediate Objectives – is enforcement action against the driver.


b. Ultimate Objectives – is to change his future driving behavior.

An officer seldom gets complaints on the violation but usually on the


manner in which he treated the violator.

2. Important points to remember:

a. Violators are vastly different one from each other.


b. There are many conflicts in a violator as there are in an officer.
c. You are professional officer. There are no professional violators.
d. Be alert for the unexpected.

TRAFFIC SUPERVISION, DIRECTION AND CONTROL

TRAFFIC SUPERVISION

Keeping order on the street and highway within existing regulations to


make their use safe and expeditious.

dandgaley
The following are definitely police work:
 Traffic accident investigation.
 Less serious traffic law offenses.
 Serious traffic law offenses.

All traffic personnel should be trained to direct traffic at the following:


 Accident scene
 Other emergencies
 Planned special events
 Regular point and integration control
 Directing pedestrians movement

All traffic personnel should know how to direct traffic on the following:
 Unsignalized intersection
 Signalized intersection
 Between intersection

SUPERVISED ROUTE:

Any street or highway on which traffic is supervised to some considerable


degree (i.e. to provide smooth movement of responding mobile rescuers,
ambulance, fire trucks; emergency delivery of needed goods and items; during
movements of VIPs, etc)

POLICE TRAFFIC DIRECTION:

That part of police traffic supervision that involves telling drivers and
pedestrians how and where they may or may not move or stand at a particular
place, especially during periods of congestion or emergencies; it generally
involves all police activity which is necessary to insure the smooth and orderly
flow of traffic.

POINT/AREA TRAFFIC CONTROL

That part of police direction which is concerned with the control of


vehicular and pedestrian movement at a particular area or point on the street or
highway, such as an intersection.

POLICE TRAFFIC ESCORT

That part of police traffic direction that involves mobile supervision of the
movement of one or more traffic units from one point to another; this may include
directing the movement of surrounding vehicles and pedestrians by means

dandgaley
audible and visible signals in such a manner as to permit free and safe
movement of the vehicle or vehicles being escorted.

MC SWEEPERS VIP CAR TAIL CAR

SIGNALLING

1. Use hand signal to designate your decision to the motorist.


2. Signal must be uniform and understood by motorist and pedestrians.
3. Must be clear and positive.
4. Do not give them verbally.
5. Be alert and stand erect on both feet.
6. Look at the person to whom you are signaling.
7. The arm signals should be shoulder high and a full circular motion of the
arm for (GO).
8. Supplement the arm signal with whistle.
9. Stand sideways to incoming traffic while stopping vehicular traffic.
10. Let your hands hang at side when not using them.
11. Constant waving of hands is confusing and served to distract / slow down
traffic.
12. When changing phases (Execute left face etc.) maintain a 90 O (degrees)
turn of the body.
13. If turns are permitted, describe the movement to be made with an arc of
the man.
14. To stop moving lane, point at the car you intent to stop and give him the
opportunity to stop.
15. The hand signal should be with the arm extended and the palm facing the
person to be stop.

WHISTLE SIGNALS

1. One long blast for STOP.


2. Two short snappy blasts for GO.
3. Three blasts to be used for assistance and/or for motorist to attentive.

SIGNAL AND GESTURES FOR DIRECTING TRAFFIC

Procedures recommended for use by police in communicating instructions


to motorist in a moving traffic situation.

OBJECTIVES

dandgaley
1. Traffic Law Enforcer assigned to traffic control:

a. Expected to indicate to drivers and pedestrians how, when and


where they move.
b. An inexperienced traffic law enforcer immediately presents a
problem of communicating to the people on what he wants them to
do. This leads to chaos and confusion, and resulted to an
impassable traffic flow.

2. Purpose of the instruction receive is to make the meaning clear to drivers


and pedestrians.

a. The instruction to start and to stop a given line of traffic must be


clear.

3. Uniformity of Signals and Gestures.

a. To all traffic law enforcers and volunteers.

4. Attire and appearance of a traffic law enforcer directing traffic.

a. Be in the official uniform.


b. Clean shaven, haircut, clean uniform etc.
c. To enable the motorist and pedestrians recognized the traffic law
enforcer.
d. The manner of his appearance and actions either gains or loses the
respect of citizens.

PRESENTATION

A. Command of traffic:
1. Stand where you can be seen: (Normally in the middle of the intersection)
2. Postures and stances:
a. Show that you mean business.
b. Weight should be the same on each foot.
c. When not signaling, hands hung at sides.

dandgaley
Stand as though you mean
business not as though you had
been caught in traffic.

B. Gestures used to stop traffic:


1. Point your arm and index finger and look straight to the driver you want to
stop and give him time to stop. Then raise your hand only so your palm is
toward the driver.
2. Repeat the process for traffic in the opposite direction.
3. Do not lower arms until vehicles from both directions has:

Recommend steps for halting traffic Hold hand in stop position, point at
in both Directions. First point then traffic in the other direction then halt
halt Traffic in one direction. this traffic stream. Do not lower either
arm until vehicles approaching from
both ways are stopped.

Stop traffic for a left turn with one Left: STOP signal
hand.

dandgaley
Flashlight is an emergency Right: Go ahead.
substitute for baton. Top STOP car
by moving signal of light across
pavement; give hand signal after car
is stopped.

Directing traffic to STOP. Directing traffic to GO.


C.
Gestures to start traffic moving:
1. Stand sideways toward the lanes of traffic in the opposite direction.
2. Point your arms and index finger toward the vehicles you want to start.
Hold it until the driver sees you and with your palm u, swing your hand up
and over to your chin. Bend arm only at elbow.
3. With one side started drop the arm to the side and raised other arm and
repeat process for opposite lane.
4. Use signals when drivers are moving too slow or are hesitant in moving.

Halt opposing traffic with right hand. One long blast for STOP; Two short
snappy blast for GO.

D. Right turn gestures:


1. Usually not required at an intersection.
2. If required for vehicles to the right, point arm at vehicle and then point in
direction where vehicles has is to move.

dandgaley
3. Moving vehicles to your left for right turn you may bend your left arm at
elbow and with thumb and forearm indicate movement.

To indicate right turn, point at driver Keep pointing until right turn has
with your arm. Hold opposing traffic been made.
point to turning direction.

E. Left turn gestures:


1. Left turn vehicles from your left:
a. Stop vehicles from right and direct vehicles making left turn to
proceed.

2. Left turn vehicles from your right:


a. Turn around facing direction vehicle will turn and use the same
procedure above.

3. Streets with only one available moving lane:


a. Allow space for cars going straight and turning left.
b. Direct the left turn cars with the proper finger hand and arm motions
(e.g. point index finger at vehicle arm out, get his attention, point to
spot near you where he is stop, stop him with palm of your hand.
c. Semaphore signals (Signaling arm properly placed for driver to see;
straight, signal arm should be alighted)

Give turn signal and signal for traffic Halt opposing traffic with Right hand

dandgaley
going straight. Starting pointing to and point where the other drivers
traffic to go ahead. should stop.

Raising your arm to indicate outright Using a baton at night. Motioning with
turn direction. Giver turn signal with baton for a left turn.
left hand.

Directing Traffic from traffic light Leave control box to direct traffic.
signals.

Directing driver into the


intersection, point down.

F. Two-Officer traffic direction:

dandgaley
1. Occasional need for two men:
a. If need, the first to command must be given by the team leader
followed up by the member.

TECHNIQUE IN TRAFFIC DIRECTION AND CONTROL

1. Keep intersection open.


2. Never allow motorist to cross they don’t have any exit.
3. Stop motorist at their stopping lane, however, do not stop motorist near
you, provide motorist sufficient distance to stop gradually.
4. Prefer to stop fast moving vehicles.
5. When two or more vehicles are about to obstruct the intersection, stop
motorist affecting it.
6. In two or more directing traffic direction and control, the first to command
must be given by the Team Leader followed by the members.

HOW TO HANDLE A TRAFFIC CONGEST/JAM

Traffic congestion / jam is caused by such factor as vehicular accident,


stalled vehicle due to engine trouble, absence of a traffic enforcer at an
intersection, or road construction.

STEPS TO BE TAKEN BY TRAFFIC ENFORCER IN CASE OF TRAFFIC


CONGESTION/JAM

1. Determine the cause of the traffic congestion/jam.


2. Where the traffic congestion/jam is caused by vehicular accident, conduct
fast, immediate but complete investigation and remove vehicles involved
in the scene of the accident.
3. If traffic congestion/jam is caused by mechanical trouble, assist motorist to
push the vehicle to a place where it will not obstruct the flow of traffic.
4. Establish yourself and conduct a systematic flow of traffic.
5. Observe if the flow of traffic becomes smooth, it not refer back to number
one.
6. Implement proper traffic regulation to avoid further traffic congestion/jam.

DUTIES OF A TRAFFIC LAW ENFORCER

The traffic law enforcer assigned in a traffic post has complete


responsibility and commensurate authority in dealing with traffic flow.

RESPONSIBILITIES OF TRAFFIC LAW ENFORCER

1. Enforcement of traffic laws. Ordinances, rules and regulations without fear


and favor and assist the general public when necessary and requested.

dandgaley
2. Keep in mind that in intersection or any traffic post the following factors
should be considered on the placement of the traffic policeman.

a. Personal safety of the policeman / enforcer.


b. Visibility of the policeman / enforcer.
c. Visibility of the traffic to policeman.
d. Non-obstruction to traffic by policeman.
e. Ability to effect necessary control.
f. Accessibility to persons wishing information or making complaints.

3. The officer shall not leave his post during his hour of duty without
permission, except when properly relieved by another policeman /
enforcer. In case of personal necessity or required by the situation in any
police emergency, he shall notify his station before leaving and upon
return to his post.

4. He shall respond immediately to any emergency call for police service


within a responsible distance of his post and if it cannot be done, he shall
promptly notify his station accordingly.

5. He must be calm and control his temper even under trying and provoking
circumstances, in warning or correcting a person for a slight infraction of
the traffic regulation, he shall do so in a firm but brief and civil manner and
without obstruction to the flow of traffic or creating congestion.

6. Shall be in proper uniform, equipment and must personify the best image
of the policeman / traffic enforcement institution.

7. In apprehending or issuing citation to a traffic violator one minute shall be


the maximum time spent for dealing with the offender.

PRESCRIBING PROPER CONDUCT AND DECORUM DURING


CONFRONTATION WITH OR APPREHENSION OF TRAFFIC LAW /
ORDINANCE VIOLATORS PURSUANT TO MEMORANDUM CIRCULAR NO.
19-005 DATED 25 APRIL 1991.

1. A traffic law/ordinance violator shall at all time be politely but firmly


addressed and requested to put his vehicle to a full stop by the roadside,
he shall be properly informed of his violation by the apprehending officer.

2. The erring driver shall not be required to alight from his vehicle, instead,
the traffic law enforcer shall ask for the former driver’s license and shall
forthwith proceed to fill up the appropriate traffic citation on or near the
hood of the vehicle within full visual access of the vehicle passenger.

dandgaley
3. A traffic law enforcer should be in the middle of the intersection to:

 Afford better control for the officer.


 Officer in snot blocked from the sight of motorist.

PEDESTRIAN CONTROL

Pedestrian safety is primarily an urban traffic problem. Because


enforcement action has been directed towards motorists rather than pedestrians.
Enforcement action against pedestrian is unpopular but necessary.

The program of pedestrian enforcement basically depends on the


following:

 Campaign
 Guiding on the spot
 Warning ticket

DRUNKEN DRIVER

It is a shocking fact that hundred thousand killed and millions injured


worldwide from road accidents far outweighs the combine air and water disaster
in the same period. Studies further show that of these figures, 72% were
attributed to driver’s errors, 26% to mechanical malfunction and 2% to freak
accidents. Of the 72% attributed to driver’s errors, 86% of which are caused by
driver’s drunkenness.

This is crucial for in prosecuting drunken driver, the result of laboratory


examination is the principal, determinative and constructive facts where the
existence of the entire cause of action rest.

BLOOD ALCOHOL CONCENTRATION

While there are variances to determine the blood alcohol concentration to


establish the guilt of the drunken driver, but many authorities agree on the
American Medical Association level 10%. And there is no dispute that at this level
of intoxication driving proficiency is already impaired.

Admittedly, there are many to be considered to equate in drinking: weight


of the drinker; individual physique of the drinker; the kind of wine taken and the
amount of beer or wine consumed.

Even before clinical examination, an experience traffic investigator can


establish that the driver is at the, 10% level of intoxication, if he had consumed
six ounces of 85 proof of wine or had taken six cans of twelve ounces beer.

dandgaley
BEHAVIORAL LEVEL OF INTOXICATE DRIVER

1. Between 0.08 – 0.15% of blood alcohol level, the driver apparently lack of
mental control because the frontal lobes of the brain is somewhat
anesthetized. Scientific findings reveal that this level is the most
dangerous for the drover becomes reckless.

2. Between 0.18%, 25% blood alcohol concentration the driver’s behavioral


attributes become patently ominous: laughing, uncoordinated walking, slur
speech, and the visibility is blurred.

3. Between 0.38 – 0.50% level, the average person is physically insensible,


as if in a coma or trance.

4. Between 0.40 – 0.50%, at this stage the person is numb, paralyzed as if


anesthetized.

5. Level 0.50, the average person is seemingly dead, but others can still
drive but dangerous.

FIELD SOBRIETY TEST

1. Walk on a straight line


2. One-foot balance
3. Reading
4. Spelling
5. Counting from 1 to 10
6. Video tape the movement
7. Photograph the undergo moment

CHEMICAL TEST

1. Blood test
2. Urine test
3. Perspiration test
4. Breath test
5. Skin test
6. EENT test
7. Ultra-tech test

EVIDENCE AGAINST DRUNKEN DRIVER

1. Driver’s admission of drunkenness


2. Co-occupant’s testimony
3. Materials witness testimony
4. Photograph of drunken driver

dandgaley
5. Voice tape of drunken driver
6. Video tape of drunken driver
7. Officer’s testimony

LEGAL ACTION AGAINST DRUNKEN DRIVER

1. Submit immediately the drunken driver to the nearest laboratory for


chemical test. Any undue delays would be to the advantage of the intoxicant and
to the disadvantage of the State.

2. Impound the vehicle. To determine the owner on record demand the latest
registration certificate of the vehicle. Search for any unlawful articles or chattels
inside the vehicle. The process should be made in the presence of authorities
and must be documented by photographs or video to forestall counter or
harassment accusations.

3. Confiscate the driver’s license. If the driver refuses to surrender the


license, the apprehending officer can order the detention for driving without
license it should be noted that driver’s license is not a right but a privilege
granted by the state to a qualified citizen. The time honored principle, “the power
to give has the power to get,” is the strongest legal argument to justify the
confiscation of the driver’s license for violation of road order.

4. Recommend the suspension of driving privilege: If the result of the


chemical test is lower than 0.10 level of intoxication, therefore the said driver can
not be prosecuted for drunkenness under the doctrine of “NOLLE PROSEQUE.”
While criminal prosecution will not lie, however, the driving privileges can be
surrendered through administrative fiat should evidence warrants.

5. Recommend the cancellation of driving privileges depending upon the


degree of the offense. If the result of the test is positive, a case for driving under
the influence of liquor should be filed against drunken driver without prejudice to
other violation of law.

6. To be sued for any acts or omission punishable by law. Whether the driver
is positive or not for drunkenness is immaterial, the graven properties as the
consequences of his driving.

7. Effect of acquittal: if by the twist of events, the driver was acquitted despite
the overwhelming evidence, the traffic management, for good reasons, can
recommend to the Land Transportation Office the suspension or cancellation of
the driver’s license, depending upon the magnitude of the offense.

dandgaley
CHAPTER V

ROAD SIGNS & SIGNALS

THE STANDARD COLORS FOR SIGNS

RED is used as a background for STOP signs, as border color on GIVE WAY
signs, warning signs and prohibitive signs in the regulatory type.

BLACK is used as a legend color for signs having white, yellow, orange
fluorescent orange, fluorescent yellow green background and as chevron for
hazard markers.

YELLOW is used as background color for roadwork signs.

WHITE is the background color for most signs and legends for some colored
background.

FLUORESCENT YELLOW GREEN is used as background color for signs related


to pedestrian movement, school zones, and roadwork hazard markers to give
additional emphasis and guidance to vehicle operators.

FLUORESCENT ORANGE is used as background color for road work signs


whose legends relate to personnel working.

GREEN is used as a background color for directional and guide signs.

BLUE is used as a background color for service signs.

BROWN is reserved as a background color for all tourist facility directional and
information signs.

There are three official types of signs:

 Regulatory Signs
 Warning Signs
 Guide Signs or Informative Signs

dandgaley
REGULATIVE SIGNS

Regulatory signs tell the driver what they must do. Drivers must obey them in the
same manner as traffic laws.

Remember, a red slash form upper left to lower right means “NO”. The picture or
image within the circle shows what is prohibited.

 Priority Signs

 Direction Signs

 Prohibitive or Restrictive Signs

dandgaley
 Speed Signs

 Miscellaneous signs

 Parking Signs

dandgaley
WARNING SIGNS

Warning signs are triangular in shape (with one angle vertical), with a black
symbol, reflectorized red border on a retro-reflective white, or fluorescent yellow
green background. They alert you to conditions which are immediately ahead,
and tell you what to look for. They may be road hazards, changes in direction or
some other situation which will require action on your part.

Horizontal Alignment Signs:

dandgaley
Road Width Signs:

Road Obstacle Signs:

Other Warning Signs:

dandgaley
GUIDE SIGNS OR INFORMATION SIGNS

Guide Signs inform road users about the direction and distances of destinations
on the route they are following. They also supply information to identify points of
geographi8cal or historical interest and give directions to rest areas or parking
areas.

dandgaley
dandgaley
PROPER USE OF INNERMOST LANES

In 3-lane areas of the


expressway, the innermost lane
should always be left open. It
should be used only for
overtaking. After overtaking,
shift back to the next lane so
other vehicles can use the
innermost lane for overtaking.
Never overstay on that lane.

Lines and lane markings on the road.

A broken white line


This marks the center of the road. When this line lengthens and
the gaps shorten, it means that there is a hazard ahead. Do not
cross it unless you can see the road is clear and wish to overtake
or turn off.

Double white lines where the line nearest to you is broken.


This means you may cross the lines to overtake if it is safe
provided you can complete the maneuver before reaching a solid
white line on your side. White arrows on the road indicate when
you need to get back onto your side of the road.

Double white lines where the line nearest you is solid.


This means you MUST NOT cross or straddle it unless it is safe
and you need to enter adjoining premises or a side road. You may
cross the line if necessary to pass a stationary vehicle, or
overtake a pedal cycle, horse or road maintenance vehicle, if they
are traveling at 10kph or less.

Lane dividers
These are short broken white lines which are used on wide
expressways to divide them into lanes. You should keep
between them.

Chevron Markings
These are to separate traffic lanes or to protect traffic turning
right. With pavement studs constructed at every separation of the
mainline expressway and deceleration lane and to Toll Plaza
Entry.

dandgaley
CHAPTER VI

TRAFFIC ACCIDENT INVESTIGATION/PRINCIPLE

REFERENCE: PHILIPPINE NATIONAL POLICE MANUAL

PNPM-D-O-3-1-99 [TMG]

1. GENERAL

To know what question to ask and what to look for, you must have
some fundamentals bearing on accidents and their causes. When
you speak of a traffic accident, everybody knows what you mean –
something went WRONG on the highway, either a car wrecked,
somebody injured or possibly killed. In this relation, as traffic law
enforcer you should have knowledge of traffic accidents and their
investigation.

2. TRAFFIC ACCIDENT INVESTIGATION DETERMINES THE


FOLLOWING:

(a) WHAT happened?


(b) WHO and WHAT were involved?
(c) WHERE did it happen?
(d) WHY did it happen?
(e) HOW did the accident occur?

3. DEFINITION OF TERMS

(a) Motor Vehicles – Any vehicles propelled by any other than


muscular power using the public highways but excepting road
rollers, trolley cars, street-sweepers, sprinklers, lawn mowers,
bulldozers, graders, forklift, amphibian trucks, cranes it not used on
public highway, including vehicles which run only on rail or trucks,
tractors, trailers and tractor engines of all kinds used exclusively for
agricultural purpose.
(b) Traffic Way – The entire width between boundary lines of every
way or place any part of which is open to the use of public for
purpose of vehicular traffic as a matter of right or custom.
(c) Road Way – The portion of a traffic way which is improved,
designed or ordinarily used for vehicular travel, exclusive of the
shoulder.
(d) Motor Vehicle Traffic Accident – Is any motor vehicle accident
occurring on a traffic way involving a motor vehicle in motion that
results in death, injury or property damage.

dandgaley
(e) Motor Vehicle Accident – Any event that results in unintended
injury or property damage attributed directly or indirectly to the
motion of a motor vehicle on the road.

Included are:

1. Accidental injury from inhalation of exhaust gas


2. Fires
3. Explosion
4. Discharge of firearms with the motor vehicle while in motion.
5. Collision between a motor vehicle and a railroad train or streetcar on
stationary rail or trucks.

Excluded are:

1. Collision of motor vehicle with an aircraft or watercraft in motion.


2. Injury or damage due to cataclysms (flood or sudden physical
change of the earth surface).
3. Injury or damage while the motor vehicle is not under its power, is
being loaded on or unloaded from another conveyance.

(f) Motor Vehicle Non-Traffic Accident – is nay motor vehicle


accident, which occurs entirely, is any place other than a traffic way.
Example: Motor vehicle accident is a farm or in a private driveway.

(g) Non-Motor Vehicle Traffic Accident – Is any accident occurring


on an traffic way involving persons using the traffic for travel on
transportation, but not involving a motor vehicle in motion.
Example: Collision Between a pedestrian and bicyclist on a
sidewalk.

(h) Traffic Unit – Is any person using a traffic way for travel parking or
other purpose as a pedestrian or driver, including any vehicle, or
animal which he is using it applies not only to motor vehicle but also
to:

1. Pedestrian
2. Cyclist
3. Street Car
4. Horse-drawn vehicles
5. Farm tractors
6. Other road users in almost any combination

Example: A traffic accident could involve a cyclist and a pedestrian.

dandgaley
4. CLASSIFICATION OF MOTOR VEHICLE TRAFFIC ACCIDENTS

(a) Running – of road


(b) Non – collision on road

1. Overturning
2. Other non collision

(c) Collision on road with:

1. Pedestrian
2. Other motor vehicle in traffic
3. Parked motor vehicle
4. Railroad Train
5. Bicycle
6. Animal
7. Fixed objects
8. Other Objects

5. SEVERITY OF MOTOR VEHICLE TRAFFIC ACCIDENTS

(a) Fatal Accident – is nay motor vehicle accident that results in death to one or
more persons.

(b) Non – Fatal Injury Accident – is any motor vehicle accident where there is
no fatal or injury to any person but only damage to the motor vehicle or to other
property including injury or animals.

6. CAUSE OF MOTOR VEHICLE TRAFFIC ACCIDENTS

(a) Simultaneous Factors

1. Road conditions.
2. Driver’s attitude or behavior.
3. Weather conditions.

(b) Sequential Factors

1. Speed is greater or less than safe.


2. Defective vehicle (Vehicle malfunction)

(c) Operational Factors

1. Road hazards
2. Driver’s non compliance to traffic laws, rules and regulations.
(d) Perception Factors

dandgaley
1. Driver’s inability to react promptly to a situation.
2. Driver’s faulty action to escape collision course.

7. HAZARDS – a hazard is generated when a critical space – motion


relationship between a traffic unit and other object develops due to the
movement of either or both. Example: A curve in the path is a hazard. Another
traffic unit in the path is also a hazard.

8. SAFE SPEED - The speed adjusted to the potential or possible hazards or


the road and traffic situation ahead. The road rather than the particular driver of a
vehicle determine safe on the road. Example: A curve ahead is a hazard and a
safe speed for it is a speed at which it can be taken comfortably.

9. PERCEPTION OF HAZARD – Seeing, feeling or hearing and understanding


the unusual or expected movement or condition that could be taken as a sign of
an accident about to happen.

10. STEPS TO BE TAKEN BY THE POLICE AS A TRAFFIC LAW ENFORCER


DURING TRAFFIC ACCIDENTS:

(a) STEP ONE – Upon arrival at the scene of the accident get the facts from
bystander or complainant:

1. WHAT happened?
2. WHEN did it happen?
3. WHERE (exactly where was it)?
4. WHO and WHAT was involved?
5. WHY did it happen?
6. HOW did it happen?

Report the incident immediately to the Headquarters by radio or by telephone. If


there are injured persons, secure them immediately.

(b) STEP TWO – When emergency is under control:

1. Preliminary questions to drivers:

(a) Who was driving the vehicle?


(b) Look for signs of nervousness, confusions and intoxication.

2. Gather clues for identifying hit-and-run vehicles.


3. Question other witnesses.
4. Examine driver’s condition.
(a) Check license and record data
(b) Check registration certificate and record data

dandgaley
(c) Verify ownership
(d) Account step-by-step what happened

5. Position and condition of Vehicles

(a) Lights and light switches.


(b) Gear position and tires.
(c) Verify ownership
(d) Account step-by-step what happened.

6. Form preliminary opinion as to how traffic accident occurred.


7. Photograph skidmark and location of vehicles, mark skidmark locations for
later measuring.
8. Record place to which injured persons or damaged vehicles where or will
be taken.

(c) STEP THREE – After getting – lived evidence:

1. Make test skid.


2. Decide whether proof on violation is sufficient for arrest. If so, make
arrest or issue TOP.
3. Complete examination of vehicles
4. Locate key event or point of impact of accident.
5. Make additional photographs of:

a. Vehicle damage.
b. View obstruction.
c. Present condition.
d. Control devices.

6. Measures for scale diagram if location is hard to reach.


7. Get additional facts at the scene of accident.
8. Report to Headquarters by radio or telephone.

(d) STEP FOUR – After leaving the scene:

1. Get medical report or injured from hospital or doctor.


2. Notifying the following:
a. Relative to dead or injured.
b. Owner of Vehicle.
3. Have photographs developed.
4. Have Specimen analyzed; if any where taken, have chemical tests.
5. Complete the report of accident.

(a) Have copies made, if necessary.


(b) File report and copies.

dandgaley
6. Complete factual data on investigation report if not completed at
scene.
7. Reconstruct the accident:

(a) Estimate speed of vehicles involved.


(b) Draw scale diagram.
(c) Analyze angle of collision.
(d) Get technical help, if necessary.
(e) Summarize opinions.

8. Complete report of investigation (file reports and notes).


9. Inform other agencies or departments of any condition at the same
scene, which need attention for safety.

(e) STEP FIVE – If the case goes to court:

1. Find out what the prosecutor wants further to develop evidence.


2. Return to the scene, if necessary, for the following:

(a) Additional photographs.


(b) Long lived evidence.
(c) Measurements for scale diagram for use of court.
(d) Look for additional witnesses and review their testimony.

1. Relatives and friends who could confirm activities.


2. Technicians who developed pictures, made chemical
tests, etc.
3. Experts who could help.

3. Pre trial conference with prosecution witness.


4. Testify in court.
5. Organize papers and file permanently, if necessary, for future
reference.

11. TRAFFIC ACCIDENT REPORT

(a) Uniform Traffic Accident Reporting System.


(b) Preparation of traffic Accident report:

1. By a competent bonafide traffic accident investigator


(Investigation Course Graduate).
2. Requirements for an investigator in the submission of report
such as evidence gathered diagrams, sketches, as well as
sworn statements of witnesses.

dandgaley
3. Traffic Accident Investigation Report will be accomplished in five
(5) copies: one (1) for the Court of Fiscals Office; one (1) copy
for CHPRG; one (1) copy for the Investigator; one (1) copy for
Insurance Co. of Party – Involved #1; and another copy for
Insurance Co. of Party – Involved #2.

STAGES OF PLANNING AT – SCENE INVESTIGATION

1. ON LEARNING OF THE ACCIDENT


Ask first. Start for the scene. With use of the
Exact when and where did the radio, the two previous things can
accident happen? be done while on the way.
How bad was the accident and the Choose best approach. Consider
vehicles were involved? time, possible route of drivers
Did you see the accident happen involved, and probable situation of
and where can you be found? the scene of the accident.
Decide whether to go to the scene. Be alert for vehicles leaving the
Will the scene have been cleared scene as possibly carrying witness
by time of arrival? or hit and- run drivers. Record
Is it in the investigator’s care? registration numbers of any likely
Should Headquarters be informed looking vehicles.
or consulted? Looking for conditions confronting a
Then find out, if necessary. driver approaching scene:
Is traffic blocked? low/visibility, view obstructions and
Has ambulance, wrecker, or fire traffic controls.
apparatus been called? Note hazards to approaching traffic.
Arrange for needed help. Places, fuses, etc.

2. ON ARRIVAL AT THE SCENE OF THE ACCIDENT


Select parking place carefully. Care for injured.
Is it safe? Will it block traffic? Stop arterial bleeding, help injured
Can headlights illuminate scene? from vehicles.
Look over bystanders and others for Ask for emergency assistance from
drivers, possible witnesses and bystanders or others.
volunteer helpers. Locate drivers. Consider the
Look for fire and electrical hazard. possibility of a hit-and-run accident
Get them under control. Have and need to alert headquarters.
spilled gasoline guarded. Look for witnesses at scene. Arrange
Look for traffic hazards. to question and get names and
Put out flares; ask helper to direct addresses. Note numbers on
traffic. vehicles at scene as leads to
Keep bystanders out of roadway. witnesses.
Look for physical evidence. Arrange for clearing roadway. Delay
Have it guarded until it can be removal of vehicles, except to aid
examined, collected or located by injured, until positions are marked.
measurements.
Look for congestion. Direct traffic or
have it directed.

dandgaley
3. WHEN THE EMERGENCY IS UNDER CONTROL
Preliminary question of drivers: Question driver more fully: Check
Who was driving each vehicles license and registration; record
and what was his travel plan? Note data from them, verify address and
unpremeditated statements. Look identity. Get step by step account
for signs of nervousness, of what driver saw and did.
confusion, intoxication. Observe vehicle condition. Note
Gather clues for hit-and-run cases. lights, light switches, gear position,
Question other witnesses, especially and tires.
bystanders who may be anxious to Photograph tire marks and location of
leave. If important, get signed Vehicles.
statement at once from any person Measure to locate marks on road and
who may be difficult to find later. vehicle final positions.
Examine driver condition. Record place to which injured persons
Look for signs of intoxication and and damaged vehicles were or are
Drugs; question about drinking, get to be taken. Have road cleared if
specimen for chemical test. traffic is obstructed.
Question about trip plan for possible
fatigue.

4. WHEN URGENT DATA – COLLECTION IS COMPLETE


Decide whether proof of violation is Complete examination of vehicles.
sufficient for arrest. If so, make Make additional photographs. View
arrest or issue citation. obstruction, vehicle damage,
Tell drivers what reports they must pavement condition.
make and dismiss them. Have Get additional statements from
involved parties exchange names witnesses remaining at scene.
and insurance data. Measure for map if location or arrange
Determine exact location of accident to have it done.
and record it. Report to headquarters
Make test skids, if needed and not
later.

5. WHEN WORK AT THE SCENE IS FINISHED


Notify relatives of dead or injured and Complete factual data on report if no
owner of vehicle. completed at scene.
Inform other agencies of conditions Complete report. Submit for approval
needing attention. and file.
Identify all notes with place and title. Present case summary to prosecutor.

dandgaley
REFERENCE: TRAFFIC INVESTIGATION by: LEVY MACASIANO

THE WHY’S AND WHEREFORE OF THE INVESTIGATION

At the crime scene, the investigator stands majestically, which gives rise to
extravagant expectation by the aggrieved party that justice will prevail. However,
when he fails to solve the case, it would cause disenchantment not only to the
victim but to the organization as a whole. Like any mortal, the investigator is not
infallible. As a man of flesh he is susceptible to succumb to mental exhaustion
and physical fatigue.

Thus, the salient feature of the investigation is overlooked and the real
issue becomes obscured and sometimes wantonly sullied.

As a compass id to the mariner, this graphic illustration is to the


investigator, when lost in the myriad maze of investigation. This will now serve as
a guide to the investigator reminding him that his role begins from the gestation
stage of investigation and only ends either in the conviction of the accused or
absolution of the innocent. Any vital question left answered would create a
vacuum that cannot be filled during court litigation.

1. Arrival at the Crime Scene


a. How did you come to know of the incident? Did you record it?
b. Did you personally proceed to the crime scene?
c. Have you checked your investigation kit before proceeding?
d. Did you record the time and date of arrival?
e. How fast did you respond to the crime scene?
f. Do you know the difference between table investigation and actual crime
scene investigation?
g. Do you the difference during court litigation?

2. Evaluation of the Crime Scene


a. Upon arrival, did you make an assessment of the crime scene? Is it in
the original state of condition? Were the evidence tampered or
distorted by unwanted intruders? If so, was it intentional or accidental?
b. Upon evaluation, can you now mentally reconstruct how the crime was
committed? Can you now determine the kind of evidence needed in
the solution of the case?
c. Did you record your observation?
d. Where you aided by expert or technician, in the overall evaluation of
your findings?

3. Protection of the Crime Scene


a. How did you cordon the area? Was it effective? To what extent?
b. Were you able to limit the number of authorized personnel in the
scene?

dandgaley
c. Have you protected and preserved the evidence? Were you able to
control the media in their quest to gather facts? How about the
intruders and kibitzers?
d. How long will you cordon the crime scene? When will you uncordon the
area?

4. Note - Taking
a. Have you recorded all the material facts of the case at issue?
b. Did you record the personal date of the victim and the witness? Did yu
likewise record even circumstantial evidence?
c. Is your note-taking done in memo book?
d. Are you aware that this record could be used as material evidence in
court?

5. Photographing the Crime Scene


a. What is the relevance of crime scene photography in your photograph?
How do you photograph? Are all photographs accepted in court? Why?
b. Is the photographer commercial or forensic? Why does the court give
premium to forensic Photographer?
c. Does the photo reflect the vivid picture of the crime scene?
d. What are the legal criteria before photographs are admissible?
e. Do you know the technical terms commonly asked in court? ASA
Number? Lens? Shuttle speed?
f. Are your photos arranged and labeled accordingly? Are the negatives
properly filled and secured?

6. Sketching
a. If the crime scene is photographed, id there a need for sketching? How
do photography and sketching complement each other?
b. Do you have reference point in the sketch? Is it drawn to scale? Is the
vicinity sketch vividly marked showing the streets and location of the
crime incident?
c. Does the sketch reflect the ingress and egress of the suspect or other
data which the camera eye cannot capture?
d. Can the sketch substitute for a photograph of the scene?
e. Are you aware that many crimes were solved based on an accurate
sketch?
f. Is the sketch a good method of preserving the facts of the case?
g. Is the sketch not drawn to scale admissible in court?
h. Why was the police sketch in People Vs Barbarin disregarded by the
court

7. Searching
a. What method of search will you apply in case under investigation?
b. Where does the searching for evidence begin? End?
c. When does it begin? End?

dandgaley
d. Is searching a standard procedure prior to collection of evidence?
e. Is the evidence you are seeking for is material to the case? If material,
is it relevant, is it admissible in court?
f. Do you have the necessary tools in your search for evidence?

8. Collection of Evidence
a. Did you bring with you the basic tools used in collecting the evidence?
b. When should you start collecting?
c. Do you know what evidence to collect that is material to the case?
d. Did you indicate in the sketch where the evidence where collected?
e. To whom should you turn the collected items?
f. Are all the evidence retrieved properly accounted for?
g. Did you collect comparison standards needed in the case under
investigation?
h. Did you collect adequate amount of evidences in the crime scene?

9. Preservation of Evidence
a. Did you handle the evidence at the crime scene with care?
b. Do you know the physical evidence that needed immediate
preservation?
c. Did you consult an expert in the preservation of your evidence?
d. Did you place your evidence in securely sealed containers?
e. Are the evidences marked for future reference?
f. Are they labeled properly in their respective containers?
g. Did you protect the evidence against friction with other surfaces? Are
the receptacles of small objects lined with cotton?
h. What is the importance of well preserved evidence in court?

10. Verbal Interrogation


a. What is the initial facts of the case that you should before asking
questions?
b. Who should be interrogated?
c. Where should you interrogate your witness? The suspect?
d. Are the persons interrogated reliable to withstand court scrutiny?
e. Is the witness or suspect willing to execute written statements later?
f. Should the verbal interrogation ripen into written interrogation?
g. Is this the same as interview?
h. Are you suppose to take down notes while asking question orally?
i. Can you force a person to answer your questions?

11. Written Interrogation


a. Was the witness appraised of his constitutional rights before taking his
statements?
b. Do you know the basic format of statement-taking?
c. Will you proceed to take down the statements of the witness without
verbal interrogation?

dandgaley
d. Did you take into account the mental attitude of the subject being
interrogated?
e. Where should statement-taking be conducted?

12. Technical Analysis


a. Did you transmit the evidence to the laboratory for examination?
b. Did you request for specific examination to be conducted on the
evidence?
c. Does your letter transmittal state the necessary data about the
evidence?
d. Is the technical analysis report important in the case?
e. Is the report incorporated in the investigation report you are preparing?
f. Should you rely on the findings of the laboratory to complete the
investigation?
g. Were you furnished a copy of the laboratory report?
h. Were all your evidence submitted to the laboratory analyzed?

13. Inter-agency Linkages


a. Do you have the vital facts of the case?
b. what data are still lacking?
c. Which agency can provide this information?
d. How will you establish personal contact with these agencies?
e. Does your unit have liaison with other offices?
f. Do you coordinate your investigation with the units concerned?
g. Is good public relations a must in inter-agency linkages?

14. Investigation Report


a. Did you prepare an initial report of the case?
b. Is it the basis of the progress report of the investigation?
c. Is the final investigation report complete with all the required
documents?
d. Is the final investigation report the one to be submitted to the
prosecution branch?
e. Have you enclosed all the documents needed in the report?
f. Is the report vulnerable to collateral attacks by the defense counsel?
g. Did you know the required format in the preparation of the investigation
report? Are all the component factors in order?
15. Filing of Complaint
a. Are all the written statements of complainant and witnesses subscribed
before the proper authorities?
b. Are all laboratory or technical reports authenticated?
c. Have you incorporated all necessary documentary evidence?
d. Where is the proper venue of the complaint?
e. Who receives your complaint?
f. Do you have a prima facie case?

dandgaley
16. Prosecution
a. Do you have conclusive evidence?
b. Do you have a prima facie case?
c. Has a preliminary investigation been conducted on your case?
d. is the offense bailable?
e. Is the quantum of proof presented beyond reasonable doubt?

17. Court Trial


a. Did you receive a subpoena for the trial of the case?
b. Do you have it with you?
c. Have you thoroughly reviewed the content of your investigation report?
d. Are all attachments to the report intact?
e. Are you in proper uniform and well groomed for the trial?
f. Will you able to identify your evidence with certainty?
g. Can you withstand the rigors of cross-examination by the defense?
h. Do you think you can narrate all the circumstances factually when
questioned?
i. Are you now prepared to face the court?

18. Final Verdict


a. Is the guilt of the accused proven beyond reasonable doubt? If not,
what was the basis of his exoneration? Was the exoneration a sign of
failure in the investigation report?
b. Which evidence was given weight in the court?
c. If sentenced, will the accused appeal his case to the higher tribunal?
d. Do you know when the verdict of court becomes final and
executionary?

SKIDMARKS

INTRODUCTION

UNKNOWN TO MANY, MATHEMATICS AND TRAFFIC ARE NOT DISTANT


COUSINS, BUT THEY ARE TWIN SIBLINGS IN THE WORLD OF TRAFFIC
MANAGEMENT. LIKE BOW AND ARROW, THEY ARE INSEPARABLE
PARTNERS OF TRAFFIC INVESTIGATION THAT BUILD BRIDGES IN SEARCH
FOR THE UNKNOWN.

This chapter is not to trace the evolution of individual ideas, but to


eliminate the luxury or misunderstanding and conform to a simple and coherent
pattern of acceptability to formula which long eluded the system. Sad to say,
there are theories that best left in textbooks, for to prove them would mean
bending reality and losing one’s sanity.
There is a need for radical rethinking to find a formula that would provide
both the foul and fragrant answer to the elusive question: How to reconstruct

dandgaley
vehicular accident in the absence of eyewitness? What is the speed of the
vehicle before the collision? Why the car crisscrossed off-the-curve road? And
the answer to the why’s and wherefores that benefit both the beggar and the king
is what this chapter is.

Anyone who wants to enter the kingdom of mathematics in traffic must be


able to discern facts from figures and the solution to the problem must not be left
to chance.

The writer can not claim the monopoly of everything in writing this chapter,
but acknowledge the critics and contribution of traffic gurus from France,
Germany, U.S., Great Britain, Netherlands, Australia and other Asian countries,
while the author is serving the United Nation as ISO on “expert mission” in
Cambodia under UNTAC in May-June 1993.

This chapter is not complete without acknowledging the intellectual skill of


Mr. Warren E. Clark whose great mental gift to research methodology is a giant
leap in the world of traffic management. It is in this context that this chapter will
remain unrivalled in the arena of collision reconstruction under traffic
investigation.

ACCIDENT RECONSTRUCTION

Accident reconstruction is defined as a process to ascertain on how


the accident occurred. This is crucial for often than not, traffic investigators arrive
at the scene vis-à-vis vehicular accident, after the collision. And accident
reconstruction is the answer to supply the arsenal of details that can complete
the jigsaw puzzle in traffic investigation.

Accident reconstruction is a technical and legal apparatus to determine


how the accident occurred, who is at fault, why it happened and how to mitigate
the economic loss and unmeasured grief and pain of the victims. The answer to
these questions are birth pangs of traffic accident reconstruction while
reconstruction can be the object collateral attack, however, it can form opinion or
conclusion that is indispensable in the absence of eyewitness or when there is a
conflicting version among eyewitnesses.

While accident reconstruction is a universally accepted tool in traffic


accident investigation, however several determinants have to be resolved to
premature conclusions. This where the skill of the investigator is to put test and
likewise separate the novice from the professionals.

These are:
1. Lateral positions of both man and machine on roadways.
2. Travel route of parties.
3. Condition of man on the wheel and vehicles involved

dandgaley
4. Weather condition and lightings
5. Road condition and range of speed
6. Laws violated by parties
7. Test validity of the collisions.

HIT AND RUN

A UNIVERSALLY ACCEPTED TRAFFIC JARGON COMMONLY APPLIED


TO DRIVER WHO FAILD TO STOP AFTER THE ROAD ACCIDENT. THE
FAILURE TO YIELD TO ANY OFFICER WITHIN REASONABLE TIME IS HIS
LIABILITY.

Settled is the rule, that the non-stopping of the driver after the accident
has the legal presumption of evading social and moral responsibilities as
mandated by law. In effect, several legal actions can be filed against the hit-and-
run driver.

Amongst are:

1. Abandonment of one’s victim.

The penalty of arresto mayor shall be imposed upon anyone who


shall fail to help or render assistance to another whom he accidentally
wounded or injured. Article 275 par. 2, RPC.

2. Failure to lend assistance to the injures parties.

The penalty next higher in degree to those provided fir this Article
shall be imposed upon the offender who fails to lend on the spot to the
injured parties such help as may be in his hand to give. Article 365 par. 4,
Supra.

3. Reckless imprudence resulting to homicide.

While there is no criminal intent (dolus) in felonies arising fron


imprudence, but there is criminal liabilities because felonies are committed
either dolus or culpa. Article 3, Supra.

4. Reckless imprudence resulting to damage to properties.

Reckless imprudence resulting to involuntarily, but without malice,


doing or failing to do an act from which material results by reason of
inexcusable lack of precaution on the part of the person or failing to
perform such act. Article 365, par. 9, Supra.

5. Failure to render assistance to victims.

dandgaley
Article 365 provides for the penalty next higher in degree upon the
offender who failed to lend assistance to the victims of his neglect act. The
failure constitutes a qualifying circumstance and must be alleged in the
information. People vs. Beduya, CA 60 2668-2669

6. Violation of Sec. 55 RA 4136, as amended.

The hit-and-run driver has the duty, by operation of the law to stop
immediately after the incident and submit himself to any police officer of
the law for investigation.

7. Civil liability of a person guilty of felony.

Every person criminally liable for a felony is also civilly liable. Article
101, RPC

However, acquittal in the criminal for negligence does not preclude


the offended party from filing a civil action to recover damages, based on
the new theory that the act is quasi-delict. Article 2177 Civil Code.

DEFENSES: HIT AND RUN

1. For failure to stop after the accident.

To be exculpated from criminal liability, the driver must show


convincing proof that to stop would put in danger his life and limb. The
Court gives weight only to this allegation if the one who alleged can prove
hostile attitude of the bystanders and the community immediately
preceding the accident.

2. For failure to aid the injured.

To overcome the presumption of abandonment of victim, the


respondent must show proof of record that he went to the nearest clinic or
hospital to summon physician for medical assistance to the injured.

3. For failure to report to police.

While the erring driver is under obligation to report the accident to


the nearest police headquarters having jurisdiction over the case, the
Court finds merit when it gives due course to the allegation that there is no
municipality by reason of personal safety. The evidentiary value of the
allegation carries more weight if supported by an excerpt of entry from the
police blotter.

dandgaley
4. Proof of good faith and without malice.

Only proof beyond reasonable doubt, which requires moral


certainty, may the presumption of innocence to hit-and-run case be
overcome.

A careful reading of this chapter will show that this writing is made
to stir the kind side and moral obligation of the hit-and-run driver toward
his hapless victims more than legalistic aspect. By the weak logic of this
vision, the writer still looks forward to the day when civic awareness of the
citizenry will developed into an accepted upright behavior. The emergence
of this social atmosphere is a fresh renewal of hope for road order.

Of the traffic investigator’s adversary is the drama of identifying the


hit-and-run vehicle and its driver. Why? Most often, there is no eyewitness,
and if any, plate numbers were not recorded or remembered. Worst, if the
eyewitness is color blind, even the color of the vehicle is in the limbo of
uncertainty.

Invariably, the investigator is in quandary, for there are no traces to


identify the malefactor, except splinted glasses, paints and debris on the
pavement. Facing a proverbial blank wall, the search for the driver is
likened to looking for a needle in the ocean depth.

Hit-and-run only flourish if the investigator lacks intellectual


compass to trace the offender. Even with the best initiative, sometimes the
investigator would be overcome by fatigue, by inertia and forgetfulness. If
investigation is to succeed, the investigator must be patient, relentless and
sustained.

Nature of Common Hit-and-Run Cases

1. Run over of pedestrian crossing on marked crosswalk.


2. Sideswiped of pedestrian on the sidewalk.
3. Collided with a moving vehicle while overtaking on the same
direction.
4. Collided with a moving vehicle while overtaking on opposite
direction.
5. Damaged parked vehicle along the roadside.
6. Crushed police road-blocks.
7. Bumped stray animal on the roadway.

The common denominator of all these cases were victims or hit-


and-run and the erring driver escaped believing that he left no traces of his
act. This is a perception that only the total investigator can prove wrong.
Time has come to arouse the investigators to bury this misconception. As

dandgaley
the author once said, “Unless by the act of God, behind every crime is
a perpetrator and in every crime the criminal always leaves indelible
traces of his felonious act.” Trichotomy of Investigation 1990 Ed. P.1,
Macasiano

How to delimit the scope of Investigation from the wide universe of


unknown?

Given: A pedestrian died when run-over by a speeding vehicle while


crossing the marked crosswalk at 1:00 PM. Blood, splintered glass and
debris was splattered on the pavement near the victim.

Unknown: 1. the victim’s identification


2. the kind of vehicle
3. the make of vehicle
4. the model of vehicle
5. the registered owner
6. the driver
7. the eyewitness

“If, by a twist of fate, no witness or informant surfaces, seasoned


investigator never yield to such reverses. But to an effective and dedicated
investigator, this is not impenetrable wall to pierce. On the contrary, a
good investigator will not dampen enthusiasm to pursue all venues for the
solution of the case”.

The author continued,

“Thus, the absence of informant of eyewitness is not a plausible


reason for a crime to be unsolved. As gainsaid, there is no perfect crime
only imperfect investigation. For in every crime the criminals always leave
imprints of his act.” Page 36, Trichotomy of Investigation 1990 Ed.,
Macasiano.

IDENTIFYING THE IMPOSSIBLE: FAST TRACK

1. If the accident victim is pronounced dead by a physician, the


scenes sketched and photographed will be more needed.

2. The cadaver should be sent to police morgue for autopsy and other
laboratory test to determine the cause of death.

3. The copies of fingerprints are sent to the NBI, PNP Crime


Laboratory, Comelec, Correctional Institutions, and such other

dandgaley
offices that kept records of prints for immediate identification of the
victim.

4. To avoid negative repercussion to televiewers, never send the


photo of the dead for identification of the viewing public. Vital
descriptions shall be conveyed to radio or TV stations which may
include approximate height, age and complexion, the kind of
clothing at the time of the accident and with any natural or man-
made identifying marks, such as tattoos or moles.

5. Simultaneously, fax all the details of the above victim to print media
to maximize all avenues of exposure to hasten the identification of
the victim.

7. If there is blood on the pavement, collect and handle it in


accordance with established procedure. To prevent the purification
of flesh or moist bloodstains, it has to be dried in open air, sealed
and sent for laboratory analysis for future reference.

8. Likewise, the strand of hair if any should be collected, for hair has a
unique attributes that can reveal a hidden secret with impeccable
accuracy as to sex, race, age and peculiarities which could provide
a vital clue to the resolution of the case.

In the age when sophisticated technical advances have been


developed, there is no other medium that can match the compelling
immediacy, vast reach, and persuasive magic than of the tri-media.
Having set the tone: one symbolic and substantive, this much
vaunted approach will not turn hollow.

This may not be the whole solution, but, it is a tool solution of the
solution when all is said and done.

SPLINTERED GLASS

1. In the absence of eyewitness, the broken glass can be a mute


witness that can talk to unmask the driver and unfurl the mystery
vehicle.

2. How and Why?

a. All the retrieved broken glasses of the headlights can be


reconstructed like a jig-saw puzzle.
b. Reconstruction means to return or rebuild the broken glass
to its original state.

dandgaley
c. The Who’s –
1. The headlamp can determine the type of the vehicle: a
truck, a van or car.
2. It can also disclose the make: American, Japanese,
European and others.
3. Most headlights were etched with Registered Patent
Number, therefore, model and make can be traced.
4. After the reconstruction of the headlights, the shape,
the size and other salient configuration can determine
the model and the make of the vehicle.
5. When the type of the vehicle, the make and the model
is established, the sphere of search is reduced from
present 2 million registered vehicles to probable within
the range of 1,000 only.

THE MARK

It is now a settled fact that the pedestrian victim was run-over by


the car as established by the broken headlamp glass. That being the
case, tire marks can be lifted or pieced together on the clothing of the
hit and run victim or on the pavement to supplement and compliment
previous findings.

1. Its effect

a. The tire mark can determine the type of vehicle that run over
the victim: a truck, a van or a car.
b. If the car has established as the death vehicle, the state of
the damaged flesh, the tissue and the broken bones of the
victim can establish the classification of the car as to weight:
as bantam weight, light or heavy.
c. Although not conclusive, the lifted tire mark can also disclose
the make or the model of the car.
d. These findings further narrow the limit of investigation to its
final solution.

PAINT

The victim having been bumped by the car that resulted to his
instantaneous death, definitely left residues on the cloth or on the
pavement of car as a consequence of the collision.

1. Its importance and relevance

dandgaley
a. The bits and pieces on the pavement or attains on the
victim’s clothing should be collected and preserved for
laboratory examination.

b. Having established the type, the model, the make and the
color of the vehicle further narrow the area of search.

c. Coordinate with the LTO to obtain all registered owners of


the particular type of the car, model, make and color and
thereafter, adapt the process of elimination.

d. The result of these deduction processes will further narrow


the search if the number of registrant-owner could be
ascertained for immediate follow-up.

e. Traffic investigator should be assiduously cautious that the


shrewd owner might have restored the dented portion or
repainted or refurbished the wanted vehicle to elude detection.

f. The process may be tedious but that is the only alternative to


separate the chaff from the grain to have an honest delineation.

For what is needed is not a mere result but the quality of result that
occurred and will withstand the test of judicial scrutiny. That, indeed, is
the bright side of the dark limbo that to be pierced.

TWIST OF FATE

Having fed the media with the type of car, the make, the model, the
color, the busted headlights and dented hood, carries a wide array of
frontiers to seal the escape of the wanted vehicle.

At this crucial juncture, the erring driver will be bothered with his guilt
and fear of imminent capture due to the effective reconstruction of the
crime event.

All told, the recipes for the solution of hit-and-run cases consist of two
indispensable ingredients: test the skills and battle of wills.

dandgaley
MOTOR VEHICLE ACCIDENT INVESTIGATION
(Major Accidents)

REFERENCE: PNP Investigative Manual

A. Traffic Accident Investigation

1. Traffic Accident Investigation.

Determine WHAT happened, WHO and WHAT were involved, HOW and
WHY the accident occurred, and WHERE it happened.

2. What is a Traffic Accident?

It is an occurrence in a sequence of events which usually produces


unintended injury, death or property damage.

3. Motor Vehicle Traffic Accident.

Any motor vehicle accident occurring on a traffic way – the ordinary


collision between automobiles on a street, road or highway.

4. Motor Vehicle Non – Traffic Accident.

Any motor vehicle accident which occurs entirely at any place other than
a traffic way – an automobile accident on a farm or along a private
driveway or thoroughfare.

5. Non – Motor Vehicle Traffic Accident.

Any accident occurring on a traffic way, involving a person using the


traffic way for travel or transportation, but not involving a motor vehicle in
motion collision between a pedestrian and bicyclist on a sidewalk, for
example.

6. Motor Vehicle Accident

Any event that results in unintended injury or property damage attribute


directly or indirectly to the motion of a motor or its load. Included are
accidental injury from inhalation of exhaust gas – fire, explosion,
discharge or firearm within the motor vehicle when due to motion of the
vehicle and railroad train. Excluded are collisions of motor vehicle within
an aircraft or watercraft in motion, injury or damage due to cataclysm,
and injury or damage while a motor vehicle not under its own power is
being loaded on or unloaded from another conveyance.

dandgaley
7. Direct Causes of Vehicular Traffic Accidents:

a) Speed
b) Driver (attitude or behavior).
c) Vehicular malfunctions.
d) Road conditions.
e) Road hazards.
f) Perception factors

8. Preliminary Actions

a) When the officer receives the call:

(i) When and where the accident occurred.


(ii) How serious were the injuries
(iii) Need for ambulance and other equipment.
(iv) Name and address of the person reporting. He may
be an important witness.
(v) Who witnessed the accident?
(vi) Is there a traffic block?
(vii) Arrange for help, if needed – e.g., fire trucks, etc.
b) Drive safely in going to the accident scene. Be alert for cars
leaving the scene. It might turn out to be a hit and run case.

9. Duty of a Police Officer in Time of Traffic Accident.

a) Protect life and property.

(i) Render whatever aid is necessary to the injured


persons.
(ii) Take steps to prevent further destruction (like fire and
other hazards).
(iii) Place warning devices in both directions.
(iv) Park the police car safely.
(v) Get all the names of persons present. In case of loss
of property belonging to the injured or dead, you may
need these persons to protect the good name of the
PNP.

b) Protect the accident scene

(i) Prevent physical evidence from being lost or


destroyed.
(ii) Photographs should be taken before the physical
evidence is removed.

dandgaley
(iii) First things first. Location and position can be marked
off first and measurements taken later.

c) Protect other properties.

d) Determine the cause of the accident

(i) Determine why it had occurred.


(ii) Determine the time and date of the accident.
(iii) Examine the physical evidence.
(iv) Reconcile conflicting situations.
(v) Determine the conclusion derived from physical
evidence.
(vi) Identify evidence regarding the behavior of individual
drivers.
(vii) Determine the responsibility of BOTH drivers.

e) Locate drivers and witnesses.

(i) Get driver’s and witnesses.


(ii) Get the names and other details concerning persons
who might have witnessed the accident, start with the
ones who appear to know something of the accident.
(iii) If the drivers are at the scene of the accident, make it
a point to separate them.

f) Interview drivers and witnesses.

(i) Conduct each interview separately.


(ii) Do not make conclusions as to responsibility in the
presence of drivers and witnesses.
(iii) Be alert for switches between driver and passenger.

g) Take measurements, an make diagrams and sketches.

h) Identify the precise location where the accident occurred.

i) Obtain equipment to remove damaged vehicle.

j) Evaluate physical evidence.

k) Check the road and vehicle conditions.

(i) Carefully examine road signs, signal, markings and


other traffic control devices.
(ii) Get the medical report of the injured persons.

dandgaley
(iii) Steps should be started to notify the relatives of all
injured persons.

l) Make conclusions on the validity of statements.

m) After leaving the accident scene:

(i) Interview the injured at the hospital.


(ii) Get the medical report of the injured persons.
(iii) Steps should be started to notify the relatives of all
injured persons.

n) Action against violators.

(i) Re – examine and assess the evidence.


(ii) Is your course of action supported by evidence?
(iii) Consider the advisability of consulting your superior
officers in assessing evidence and deciding on the
most appropriate course of action.

o) Initiate action on the evidence and file the charges.

p) Prepare the report.

dandgaley
CHAPTER VII

RELATED PROCEDURES IN INVESTIGATING TRAFFIC VIOLATIONS AND


OTHER CASES INVOLVING MOTOR VEHICLES

REFERENCE: Philippine National Police Manual; PNPM-D-O-3-1-99 [TMG]

How To Use Temporary Operator’s Permit (TOP) or The Traffic Violation


Receipt (TVR)

The TOP is an official document designed for various purposes, namely:

a. It serves as a receipt for the confiscation of a vehicle.


b. It serves as a temporary permit to operate motor vehicles for
seventy-two (72) hours without extension from the time of
confiscation or apprehension.
c. It is a record for disposing a case cited therein, either
administratively or judiciary.
d. It is a record for disposing a case cited there in, either
administratively or judiciary.
e. It is also a receipt for the released of the confiscated items after
adjudication and termination of the case.

The Traffic Violation Receipt is issued only in Metro Manila. It conforms with
RA 7524 creating MMDA and calls for a single ticketing system in Metro
Manila. It serves as a receipt for the driver’s license or plate confiscated.

Note: Issuance of Citation Tickets – is made of having violator appear in


court without physical arrest. The issuance of citation ticket is the most
common enforcement action made by the police. This is an efficient system
since majority of violators with minor offenses are punish promptly by paying
their fine at an administrative body with court appearance.

Arrest

a. An arrest can be effected even without warrant if the offense is


committed in the presence of an arresting office.
b. The officer making the arrest must intent to take the violator into
custody for the purpose of bringing before the court.
c. Detention of the arrested person may take place.
d. Officer making the arrest must act legal authority when taking the
arrested person into custody.
e. The person being arrested must understand that he is being arrested.

dandgaley
f. The purpose of arrest is to bring a suspended violator before a court
to answer a charge of law violation.

Recording the Data of Arrest

Whichever action is used by the Agency, the following information is


necessary:

a. Data/Time of Arrest
b. Place of Arrest
c. The common name of the offense for which the person is arrested.
d. The full name of the arrested person, his home address, his business
address and telephone number.
e. Physical Description of the arrestee, including his date of birth,
nationality and marital status.
f. Name of witness to the arrest.
g. Name and badge number of arresting officer.

When Taking Person Into Custody

a. Always consider the possibility that the person you are arresting may
attempt to injure or kill you.
b. Inform him that you are placing him under arrest.
c. Explain to him why you are placing him under arrest.
d. Reasonable search may be carried out in connection with the lawful
arrest.

When Transporting Arrested Person

a. If your unit equipped with radio, request for a transportation unit and
maintain custody of your prisoner until it arrives.
b. Give instruction to the transporting officer about the place where the
arrestee is to be delivered.
c. Have the necessary information and instructions written out so that
the transporting officer will not err in delivery.
d. In certain conditions, direct arrested person to drive his own vehicle
to your Headquarters an follow him with your police mobile, however,
if the driver is not in good condition or the vehicle is in bad shape; let
someone drive the vehicle to the Headquarters.

dandgaley
Apprehension

As an Apprehending Officer duly deputized by the LTO or MMDA, you may


confiscate the driver’s license or certificate of registration of the vehicle for
any violation of the Land Transportation and Traffic Code and its Rules and
Regulation, city and Municipal Ordinance. You should fill out the blank space
of TOP forms in order to provide a detailed report of apprehension for the
information, guidance and reference of all concerned. You should advice the
violator to report within seventy-two (72) hours, but not less than twenty-four
(24) hours to give allowance for proper transmittal from receipt thereof to:

a. City/Provincial Fiscal, if in other chartered cities or provincial capitals


without traffic court, for violation of local traffic ordinances.
b. Municipal Court, in its municipalities, for violation of local traffic
ordinances.

In the case of the TVR, Apprehending Officers are required to transmit


confiscated licenses to the nearest MMDA Redemption Center where the
violation was committed within 36 hours.

Preparation of Information/Complaint

Within your tour of duty, prepare information or complaint by filling up the


TOP for processing of all traffic apprehensions at the appropriate offices.

Filing of Information/Complaint

Within twenty-four (24) hours from the time of apprehension, file the
complaint, together with the confiscated items, with the Clerk of Court, City or
Provincial Fiscal or the court having appropriate jurisdiction. When the driver
is charge for violating the Land Transportation and Traffic Code or its rules
and regulation, the traffic enforcement unit forwards the confiscated
license/permit/certificate of registration plus the original copy of the TOP to
the Land Transportation Commission or to its nearest branch office within
twenty-four (24) hours from the time of apprehension.

Preliminary findings and Disposition of License

Within seventy-two (72) hours or three (3) days from the filing of the case with
the respective traffic enforcement offices, the hearing authority shall make
immediate preliminary findings on the basis of police or complaining
witnesses’ reports as to whether or not there is an imperative necessity of
withholding the driver’s license confiscated. Should there be no such
necessity, he shall promptly order the return of the confiscated license to the
owner without prejudice to recalling said license, and it becomes necessary
for the prosecution of trial of the case, pursuant to Circular No. 44, dated July

dandgaley
17, 1970 and Circular No. 53 dated August 11, 1970 of the Honorable
Secretary of Justice. Where the violator fails to appear before the court of the
investigating official concerned, his license/permit shall be forwarded to the
LTC for its suspension or revocation pursuant to Sec. 29, RA 4136.

Records of Court Proceedings

When the violator appears in Court within fifteen (15) days and pleads guilty,
the Clerk shows the schedule and the violator pays the fine at the Treasurer’s
Office, receipt of which is shown to Clerk of Court who records the same on
the TOP, and his license, if cleared for release, is now returned to the driver. If
the violator appears after fifteen (15) days, his license is forwarded to the LTC
for suspension or revocation, he shows his TOP copy to the LTC for proper
disposition of his license. Clerk of Court, in every case, should inform the LTC
and/or the apprehending officer of the final disposition of the case. The
violator appears in Court and desires not to plead guilty to the charge, the
Clerk of Court sets the date of hearing and notifies the accused accordingly
and sends a corresponding subpoena to the apprehending officer for his
appearance. When the accused is found not guilty after the trial, his license, if
in the possession of the Court or of the LTC, shall immediately be returned to
him unless there is any other legal ground for its suspension.

STOPPING AND APPROACHING THE TRAFFIC VIOLATOR

When a violator has been overtaken by pursuit, the next problem is to halt
him and come to him on foot to take whatever action required. If carelessly
done this may be dangerous to you, to the violator and to other traffic.

Practices describe here apply to most situations and under most conditions.
However, there may be times when you must, on your own initiative adapt
these techniques to the situation. Close adherence to these practices will help
you form good working habits. Good habits are the key to safety in stopping
and approaching. Stops are always made under emergency conditions.

Stopping and approaching is complete when you have stopped the violator’s
vehicle and moved to the place where you will begin to talk to the driver.

Stopping violators in a vehicle when you are on foot presents special


problems that are not covered here. Because situations of this kind usually
arise while an officer is directing traffic, the methods are more appropriately
described in connection with such activity. Of course, approach to the violator
is the same whether you are on foot.

dandgaley
Select the Place

Select a place where it is possible to stop the violator promptly, efficiently and
safely. He must be able to pull of the traveled roadway or out of moving traffic.
An experienced driver will resist being forced to stop on the highway
pavement or in a dangerous spot. An inexperienced driver may become
confused or panicky and cause an accident. You are responsible for picking a
safe place to make the stop.

Selecting a good spot is an important decision for several reasons:

a. If the violator becomes confused and has an accident, you and your
department probably will be severely criticized.
b. If the spot for stopping is not carefully selected, the violator’s vehicle
(particularly if it is a heavy one) may bog down in soft ground. This
situation too could result in unfavorable criticism and loss of patrol
time. There may even be some questions as to the legal responsibility
for damages and towing charges incurred.
c. If you stop the violators in a hazardous spot, you will endanger both
the violators and yourself. Try to find a place where there is plenty of
room. In rural areas this would be the off traveled which has some
illumination. This will give you increased safety and make it easier to
write a citation or warning ticket.

If Violator Refuses to Stop

If a person intentionally refuses to stop you may radio ahead for assistance
and give instructions for the roadblock or you may have to cut him off. Unless
the violation is continuing or of a serious nature, these tactics, especially
cutting him off, are not advisable. A full description of the vehicle, the
registration number, and an accurate description of the driver should gain a
conviction even the summon is delivered to the violator at a later date.

In most situations, the driver after noticing the signals from the office will pull
over to the shoulder of the road to stop. Here is where timing is important. Be
prepared to apply your brakes so you can stop your vehicle behind the
violator’s. don’t start to move behind the violator until after the sharp braking
has been complete. In all instances, when stopping automobiles, the major
safety factor is proper positioning of the patrol car behind the other vehicle.

Sometimes traffic, weather, and road conditions will make it necessary for you
to deviate from the procedures outlined here, but never move in front of the
violator. The only time you may do this is when you have overshoot the
vehicle while breaking and extremely heavy traffic you requires you to move
off the road immediately or when stopping certain special types of vehicles.

dandgaley
This will seldom happen is you have waited until the road is clear in both
directions for a safe distance, before you begin your stopping procedure.

Highways with two or more travel lanes in each direction often require special
stopping procedures. If the violator is driving in any lane other than the right
lane you must make your approach from the right side. Your procedure for
stopping a violator in any lane other than the right-hand lanes is:

a. Indicate to traffic behind you that you are about to direct the violator
from his travel lane. This can be done by the use of your red light and
hand signals.
b. Move forward far enough to attract the violator’s attention in the usual
manner and indicate by hand signals that you want him to move to the
right. Be careful not to indicate any urgency.
c. Drop back to the rear and move to the right using your vehicle to clear
each Lane of Traffic so the violator can move in safely. Keep your red
light on to warn other traffic.

Approaching Violator

Methods used in approaching the violator’s vehicle:

a. Normal with passenger in rear seats. Pause just to the rear window.
Then place yourself at the front edge of the driver’s door, facing the
rear. This will let you watch the driver, any person in the rear seat and
oncoming traffic.
b. Possible dangerous driver especially without rear seat passengers.
Stop just to the rear of the passenger’s window, facing the vehicle.
Stay back at the rear edge of the driver’s door. This will keep the driver
at a disadvantage and give you advantage if danger should arise.
c. On heavily traveled streets where approach from the left side would be
hazardous to you and other traffic, and under some conditions that
make a left-side approach inadvisable, approach from the right. Pause
to the rear of the right window. Then place yourself at the front edge of
the right door, facing the rear of the vehicle. This will tend to disconcert
the driver because most drivers expect you to approach from the left
side.

When patrolling with another officer your approach to the violator’s car is the
same except that your partner will assume a position where he can be of
assistance if the need arises. He may do either of the two things:

a. Remain seated within the patrol vehicle on the passenger side.


b. Leave the patrol vehicle and stand just to the right of the passenger
side with the front door open.

dandgaley
Both positions permit your partner to observe the actions of the violator while
in a protected position. He will be able to undertake pursuit immediately in the
event the violator tries to flee and establish immediate radio contact if an
emergency arises.

Approaching known or suspected felons requires special techniques. In such


situation you should remain in a protected position behind your ca and order the
suspects to leave their vehicle. Whenever you have reasons to believe the
violator may be wanted for a criminal offense, notify headquarters and request
assistance. Never attempt to approach such person alone.

Never lean against the violator’s car. Be especially alert for unusual
movements. Look at the floor and rear seat for anything that may be hidden.
Notice the violator and passenger. Stand at an angle so that you can look behind
the vehicle and inside it at the same time. Use left hand for accepting papers
from the motorist. (Unless you are left-handed).

Regardless of how innocent the situation may appear, never go in front of the
vehicle to write the citation or to look at the registration plate. There is always the
possibility of being run down by the motorist, either deliberately or through
nervousness.

If it is necessary to examine the front of the vehicle, go around the rear of the
vehicle and proceed to the front along the right side of the violator’s vehicle.
Stand to the right and slightly ahead of the vehicle while making the examination.

When examining the vehicle from the rear, writing a citation or talking to the
driver when he is out never allow the driver or anyone else, including yourself, to
stand between two stopped vehicles. In all cases you and anyone else should
stand off to the side away from the vehicles.

To the violator and passing motorist, you are the police and your actions
contribute importantly to how they feel towards you, your organization, and police
in general. Stand erect and be alert.

Stopping an Approaching Violator

Stopping the violator who is approaching you from the opposite direction is a
special problem. For your own protection do not leave your vehicle and attempt
to stop the violator by hand signals. This exposes you to the maximum danger
from other traffic and violator himself.

When you want to stop an oncoming vehicle, drive onto the shoulder of the
road on your side and turn on your red blinker light. Do not attempt to turn around
until after the violator has passed your position, unless you are sure it can be
done with safety. Use your blinker light to reduce the speed of the violator and

dandgaley
alert other traffic in the area that you are going to do something unusual. Many
times hand gestures directed to the approaching vehicle would bring him to a
stop. After he has come to a stop, turn about and place your vehicle that of the
violator in the manner described earlier. If the violator fails to heed your signal,
wait until he has passed, then turn about and stop in the usual manner.

Stopping the following Violator

Certain types of vehicles create special problems, for example trailer units,
very long or very wide, vehicles, house trailer and heavy equipment.

Usual procedures to reach a position where you can signal the driver to stop
are inadequate.

The length of the vehicle makes it difficult to get in position behind the unit
after it has stopped, stopping behind the unit requires you to expose yourself to
traffic while walking up to the front of the vehicle, usually a considerable distance.
The distance between you and your vehicle places you at a disadvantage if
you have to reach your radio quickly.

Most of the advantages of parking to the rear when stopping pleasure


vehicles do not apply when dealing with large commercial vehicles.

Fortunately most truck drivers are carefully selected, thus reducing danger
from the operator. When stopping large trucks don’t signal the operator until after
you have completely passed his unit and are once again in the right lane. After
determining where you plan to pull of the road, turn on your blinking red lights
and start your right turn signal. Then motion the driver with your hand. Point to
the side of the road and move your forearm back and forth.

Do not stop abruptly. Reduce your speed gradually, paying close attention to
the truck and lead the driver to the spot you have selected. Use this method
when stopping tractor-trailer units or other excessively long units. Pick – up and
panel trucks are best handled by using the usual stopping method.

DRUNKEN DRIVER

THE AUTHOR CANNOT PRETEND THAT IN WRITING THIS CHAPTER


HE IS MAKING ANY SIGNIFICANT ORIGINAL CONTRIBUTIONS TO THE
WORLD OF TRAFFICOLOGY, HE IS MERELY WHISPERING THE MURMUR
OF SIGHS AND THE IMPERISABLE MEMORIES OF VICTIMS BY THIS
MODERN RUDE MONSTER: THE DRUNKEN DRIVER.

The agony of the victim can not be measured in any terms for the injury
and damage inflicted is beyond financial estimation.

dandgaley
Self proclaimed traffic Messiah and their apostles said many times of the
solution to this malady, but regrettably, the cure is more of debacle than a victory.
We can not just sit by nor opt to be enigmatically silent about this rude monster
for nobody is safe and anybody can be innocent victim of prey. Silence may
mask for a time the truth, but will not bury the sense of grievance.

Can drunken driver be eliminated or minimized? The phenomenon is


worldwide and justification is global: cold countries claimed drinking wine is
necessary and in tropical countries, wine drinking is an attributes of vanity. The
world of Christendom find scriptural support to justify wine drinking, when Jesus
Christ, no less, convert water to wine to prove his supernatural being. Against
this established facts, can the war against drunken driver be won?

Indeed, it is a shocking fact that the hundred thousands killed and millions
injured worldwide from the road accidents, far outweighs the combine air and
water disaster in the same period. Studies further show that of these figures,
72% were attributed to driver’s error, 26% to mechanical malfunction and 2% to
freak accidents. Of the 72% attributed to driver’s error, 86% of which are caused
by driver’s drunkenness.

Almost 100 countries are now signatories to the Geneva Convention of


traffic gridlock and are aware that it is a crime to drive under the influence of
liquor but statistics worldwide revealed that it is more honored in violation than in
observance. Most solution is anchored on populist rhetoric and grandiose
strategy but without deed, hence, it likened to a comet bursting brilliantly in the
firmament only to sink in ignominy because the sparkle because the sparkle had
no substance.

Said one writer, worth remembering, “Iron bars do not make a prison,
ignorance does.” The failure that is the system is fighting the effect and not the
cause of drunken driver. In one international forum, about 23% only worldwide
are convicted of driving under the influence of liquor. Even the percentage level
of intoxication is not the same in many countries. What is unfortunate, even in the
US, the percentage level intoxication varies from states, while majority of the
states and countries acknowledge the 0.10 percentage of level. Similarly, the
enforcers must be conversant of the effect of the field test and the new chemical
testing to ascertain the percentage of intoxication level, to end this road
indiscipline to grow.

This is crucial for in prosecuting drunken driver, the result of laboratory


examination is the principal, determinative and constructive facts where the
existence of the entire cause of action rest. This writing suggests the contour of a
long range solution to one of the greatest menace to mankind which cannot just
be allowed to dim the passage of time.

dandgaley
The anatomy of a driver under the influence of liquor is in the state of
emotional maladjustment, psychological abnormality or moral depravity,
nonetheless, he is also a human being and should be treated with respect and
understanding. There is still reason to hope the one day we will find the glory
which eluded to us: to create a better world.

STEPS TO TAKE IN CASES OF SPECIAL AND USUAL


SITUATIONS

A. IN CASE OF ROBBERY HOLD-UP, TAKE THE FOLLOWING IMMEDIATE


STEPS:

(a) Get the exact time and date, and place of hold-up incident.
(b) Get the plate number, color, make, and other information of the get-away
car used and description of the occupants (hold-up team)
(c) For record purposes, interview the victims and list down the items stolen
or supposedly robbed from them.
(d) Flash report on the manner to the nearest TMG and police units via a two
way radio or telephone.
(e) Gather more facts and evidence that include statements of witnesses for
further reference.

B. WHAT TO DO IN CASE OF ABANDONED MOTOR VEHICLES – A motor


vehicle is said to be abandoned when it is left unattended in an area not provided
for parking. For these reasons, unattended for one or two days in an area
provided for parking. For these reasons, unattended vehicle become a problem
in traffic flow. In some instances, they are accidentally found to be a more serious
problem than what is actually thought of, particularly when they are abandoned
by carnappers or hold-uppers. Abandoned vehicles may be classified into two
categories:

(a) Unattended due to mechanical defects.


(b) Abandoned by carnappers or hold-up men.

In the case of the first category, verify and check on the ownership of the
vehicle and if possible advise the owner to relocate the vehicle to a much safer
place.

In case of the second category, get the plate number and other data or the
vehicle; make a report on the presence of the abandoned vehicle to the nearest
HPG or traffic police unit and make possible steps to inform the owner about his
vehicle; bring the vehicle to the CHPG or traffic police impounding area and
conduct Technical Inspection Report in the presence of alleged owner; advise the
owner to present all pertinent papers of the vehicle for identification of ownership;
if the vehicle is found to have violated any provision of RA 6539, note its violation

dandgaley
and together with the Technical Inspection Report, submit it for investigation;
finally, submit a duly accomplished spot report.

C. WHAT TO DO ON STALLED OR BOGGED DOWN MOTOR VEHICLES – in


most instances, traffic accidents or jams are caused by stalled or bogged down
vehicles that are left carelessly unattended in the highways. In these case
therefore, it is important that you should know the basic course of actions in order
to avoid unnecessary risk of human lives and property and further aloe the
continuous free flow or traffic.

When you noticed stalled or bogged down vehicles having mechanical


defects and blocking the roads, take these precautionary steps:

(a) Check the defect or condition of the vehicle.


(b) Ensure the safety of vehicles and persons involved by conducting
traffic system vicinity.
(c) If practicable, push the vehicle to the road shoulder. You may need
assistance of other motorist to do this, otherwise avail or wreckers or
heavy trucks to move it.
(d) Advice the owner of the vehicle to avail the services of repairman.
Provide early warning devices or any lantern to deter accident
occurrences of the repairman and other motorist.

D. IN CASE OF VEHICLE CANIBALIZATION, TAKE THE FOLLOWING


STEPS:

(a) Determine the vehicle parts that were stolen.


(b) Take down the owner of the vehicle, the description of the vehicle, and the
location, where the incident took place.
(c) Look for immediate possible clues that might lead to the identification of
the perpetrators of their modus operandi.
(d) Interview the witness and owner to get a general picture of the situation
prior to the incident.
(e) Prepare a spot report and submit it to the nearest TMG or Police Traffic
Unit.
(f) If further investigation is necessary, the vehicle may be impounded for
safekeeping.

E. STEPS TO BE TAKEN WHEN CARNAPPING OCCURS:

The following figures shows the channel of communication for the


applicants pertaining to motor vehicle concerns such as Alarm Certificate and
Certificate of Non-Recovery for stolen motor vehicles, Lifting of Alarm Certificate
for recovered vehicles, to include procedures on Re-stamping of Chassis and/or
Engine Numbers.

dandgaley
The workflow of applications for Alarm Certificate: Temporary Alarm
Certificate will be issued initially while investigation is being conducted to
determine the truthfulness of the statement of facts as well as to determine
authenticity of records submitted.

3.1 Application for Alarm Certificate

After the motor vehicle was - Shall require the applicant to present the following requirements:
discovered seized, the a. Original OR/CR of the subject MV.
b. Deed of Sale if the rightful owner of the vehicle has yet
rightful owner may already process the transfer of ownership with LTO.
report the incident c. Certificate of Encumbrance if the MV is encumbered and
photocopy of OR/CR authenticated by the financing
company.
d. Secretary Certificate/Board Resolution stating the
authorized user of the MV, if it is registered to a company.
e. Photocopy of MV Inspection Report, authenticated by LTO
and clearly showing the stencil of the engine and chassis
numbers.
f. Keys of motor vehicle.
Office of the Motor g. Insurance Policy.
Alarm h. Police Report from the local PNP unit who has territorial
Vehicle Concern Certificate jurisdiction on the area where the incident occurred.
Branch i. Valid identification cards of the rightful owner and the
person who has control of the MV when it was seized.
Center j. Two (2) pieces of 2”x3” picture of the rightful owner and
the person who has control of the motor vehicle when it
was seized.
- Shall compel the appearance of the rightful owner and the person
who has control of the MV when it was reportedly seized for
interview purposes, to check the veracity of his complaint and to
know further the details relative to the loss of the said MV
- If convinced of the veracity of the complaint and all documentary
 Complainants outside Metro Manila requirements were satisfied, the complainant/applicant will then be
allowed to accomplish the HPG Alarm and Complaint Sheets.
may also file their application - If there were doubts in the truthfulness of the complaint or if the
directly on HPG Regional Offices. documentary requirements were not met, said MV will only be placed
Hpg Regional Offices will forward under radio/voice alarm until the issue is resolved.
- If the circumstance of the complaint does not constitute a crime of
application to the OMVCC. carnapping, the MV will be merely recommended for inclusion in the
watchlist.
-After the complainant has duly accomplished the Alarm and
Complaint Sheets, it will be recommended to the section chief for
review and approval.
- If approved, the alarm will be issued with a control number and a

dandgaley
3.2 Certificate of Non-Recovery

- Prepares memorandum based on the


following requirements:
k. Applicant’s identification document and
After 45 days from the date a latest picture (2x3) with signature and
thumb mark.
motor vehicle was officially l. If the applicant is a representative of the
registered owner, he/she must submit a
included in the VIMS, applicants Special Power of Attorney (SPA) or
notarized letter of authorization to include
for CNR must proceed to: valid ID and picture (2x3)
m. Clear machine copies of duly
accomplished complaint and alarm sheet
from TF Limbas or Regional Offices of
TMG. Spot Report/Investigation Report
and Alarm and Complaint Sheet issued by
Local Police Station where the incident
took place. Including blotter from
Barangay and Security Guard on duty, if
applicable.
Office of the Motor n. Clear and authenticated machine copies of
OR/CR from the LTO Agency where it
Certificate of was first registered. If the MV is
Vehicle Concern Non-Recovery encumbered, a CERTIFICATION from
Branch the bank or financing company.
Center o. Clear and authenticated machine copies of
documents which were used in the
original registration such as:

a. OR/CR from LTO Agency where


MV was firtst registered
b. Vehicle Sales Invoice
c. LTO Confirmation Certificate of
the motor and chassis numbers
Motor Vehicle d. LTO Motor Vehicle Inspection
Comment/Recommendation
Report clearly showing the
Clearing Committee stencil of the motor and chassis
numbers
e. PNP Motor Vehicle Clearance
Certificate/Stock Reported
f. Other proofs of ownership
leading to the present owner
g. First page of Insurance Policy
h. Keys of MV if Seized While
Parked Unattended.

Approve/Disapprove - Forward to Motor Vehicle Clearing Committee


with recommendation
Director, HPG - Issue control number.

- Release of Certificate of Non-Recovery

dandgaley
The figure shows the workflow of the application for certificate of non-
recovery. This certificate is a requirement for insurance claims for motor vehicles
that are covered by insurance against loss.

3.3. Procedure in issuing Lifting of Alarm Certificate.

- Prepares memo based on the following


requirements:
After the MV was recovered, the
rightful owner may apply/file for a. Applicant’s identification document and
latest picture (2x3) with signature and
the Lifting of Alarm of the thumb mark.
b. If the applicant is a representative of the
recovered carnapped MV through registered owner, he/she must submit a
the following steps: Special Power of Attorney (SPA) or
notarized letter of authorization to include
valid ID and picture (2x3)
c. Clear machine copies of duly
accomplished complaint and alarm sheet,
police report issued by Local Police
Station where the incident took place.
d. Clear and authenticated machine copies of
OR/CR from the LTO Agency where it
was first registered. If the MV is
Office of the Motor encumbered, a CERTIFICATION from
- Lifting of Alarm the bank or financing company.
Certificate Section e. Clear and authenticated machine copies of
Vehicle Concern
documents which were used in the
original registration such as:
Center
a. Vehicle Sales Invoice
b. LTO Confirmation Certificate of
the motor and chassis numbers
c. LTO Motor Vehicle Inspection
Report clearly showing the
stencil of the motor and chassis
numbers
Motor Vehicle d. PNP Motor Vehicle Clearance
Comment/Recommendation Certificate/Stock Reported
e. Other proofs of ownership
Clearing Committee
leading to the present owner
f. First page of Insurance Policy

- Forward to Motor Vehicle Clearing Committee


with recommendation
- Issue control number.

- Release of Certificate of Lifting of Alarm of


Carnapped MV.

Approve/Disapprove
Director, HPG

dandgaley
The basis for the lifting of alarm of any wanted/recovered motor vehicle
shall be any of the following: recovery, court order, termination of investigation,
actual possession of the owner and other lawful grounds or as ordered by
competent authority.
3.4 Procedure in applying for re-stamping of motor and chassis
numbers.
- Prepares memorandum based on the
The applicant must first secure following requirements:

an endorsement for Re-


Stamping from the Land a. Applicant’s identification document and
latest picture (2x3) with signature and
Transportation Office b.
thumb mark.
If the applicant is a representative of the
registered owner, he/she must submit a
Special Power of Attorney (SPA) or
notarized letter of authorization to include
Applicant valid ID and picture (2x3)
c. Clear and authenticated machine copies
of OR/CR from the LTO Agency where it
was first registered. If the MV is
encumbered, a CERTIFICATION from
the bank or financing company.
d. Clear and authenticated machine copies
Office of the Motor of documents which were used in the
Re-Stamping of original registration such as:
Chassis/Engine
Vehicle Concern Number Branch
1. Vehicle Sales Invoice
Center 2. LTO Confirmation Certificate of
the motor and chassis numbers
3. LTO Motor Vehicle Inspection
Report clearly showing the
stencil of the motor and chassis
numbers
4. PNP Motor Vehicle Clearance
Certificate/Stock Reported
Motor Vehicle 5. Other proofs of ownership
Comment/Recommendation leading to the present owner
6. First page of Insurance Policy
Clearing Committee

- Forward to Motor Vehicle Clearing Committee


with recommendation.
- Issue control number.
Approve/Disapprove
Director, HPG - Release of approved IR with second endorsement
for LTO

dandgaley
F. IN CASE OF ROBBERY HOLD-UP, TAKE THE FOLLOWING IMMEDIATE
STEPS:

(f) Get the exact time and date, and place of hold-up incident.
(g) Get the plate number, color, make, and other information of the get-away
car used and description of the occupants (hold-up team)
(h) For record purposes, interview the victims and list down the items stolen
or supposedly robbed from them.
(i) Flash report on the manner to the nearest TMG and police units via a two
way radio or telephone.
(j) Gather more facts and evidence that include statements of witnesses for
further reference.

dandgaley