Guidelines on the Use and Issuance of Electronic Temporary Operator's Permit (e-TOP) and Electronic Impounding Receipt of Motor Vehicle (e-IRMV) and Prescribing It as Official Forms Similar to the Purpose of the Manual Temporary Operator's Permit (TOP) and Impounding Receipts

December 6, 2021

LTO MEMORANDUM CIRCULAR NO. 2021-2299

 

Pursuant to Section 29 of RA 4136, otherwise known as the "Land Transportation and Traffic Code" as amended, and in relation to Section 27 of RA 8792, known as the "Electronic Commerce Act," the following guidelines are hereby adopted to effectively carry out the mandate of the Land Transportation Office to put order on the road through law enforcement, and to maximize the use of information technology for fast and efficient delivery of service to the public. HTcADC

I. COVERAGE.

These guidelines prescribe the use of electronic tickets in all roadside inspection and apprehension activities of LTO Transportation Regulation Officers (TROs) and Deputized Transportation Regulation Officers (DTROs).

II. USE OF THE ELECTRONIC TICKET.

To effectively carry out the mandate of the Land Transportation Office to put order on the road and in connection to the implementation of the new LTO IT System which is the Land Transportation Management System (LTMS), and pursuant to the provision of Section 29 of RA 4136 as amended, the use of Electronic Temporary Operator's Permit (e-TOP) and Electronic Impounding Receipt of Motor Vehicle (e-IRMV) is hereby prescribed.

The Electronic Temporary Operators Permit (e-TOP) and Electronic Impounding Receipt for Motor Vehicle (e-IRMV) shall refer to the electronic printout version of Temporary Operators Permit (TOP) and Impounding Receipt for Motor Vehicle that will be generated/printed thru the law enforcement handheld mobile device. (Annex "A")

The new e-TOP ticket shall be used in all apprehensions made during the conduct of field apprehension/operation against violators of the provisions of RA 4136 as amended, special laws and other related transportation laws, rules and regulations and shall be issued to the driver as copy and information of infraction/s. (same as the purpose of the manual TOP)

It shall likewise serve as summon to the apprehended driver to settle the apprehension within 15 days from the date and time of apprehension and as a receipt of confiscated item. In lieu of the Driver's License, the e-TOP ticket will be a temporary license to operate a motor vehicle within seventy-two (72) hours from the date and time of apprehension.

The Electronic Impounding Receipt for Motor Vehicle (e-IRMV) shall be issued upon physical impounding of the vehicle in which case it shall be the same as the purpose as that of the manual Impounding Receipt (IRMV).

III. USE OF MANUAL TICKET.

The manual Temporary Operators Permit (TOP) shall be strictly used only in the following situations:

1. When there is no or intermittent internet/data connection in the area of operation;

2. When there is a technical failure of handheld mobile device;

3. Unavailability of officially issued law enforcement handheld mobile device;

4. And other circumstances that may be encountered during the roll out of the Land Transportation Management System (LTMS).

For the Law Enforcement Service-Central Office Law Enforcement Officers' apprehensions under any condition enumerated herein using the manual TOP shall be submitted together with a spot report to the Law Enforcement Service-Data Control Unit (LES-DCU) or to the nearest Regional Offices/District Offices during special operations. The Regional Law Enforcement Unit shall submit to the Regional Office In-charge of Law Enforcement and Adjudication functions or the nearest LTO District/Extension Offices. The District Law Enforcement Team (DLET) may submit apprehension to the District Office-LETAS Unit for manual encoding to the LTO-IT system and appropriate action. (Spot report format see Annex "B")

The Apprehending Officer shall strictly observe the guidelines on properly filling out of manual Temporary Operators Permit (TOP).

IV. CONFISCATION OF DRIVER'S LICENSE.

Pursuant to the authority of Land Transportation Office (LTO) vested under Section 29 of RA 4136, the confiscation of the driver's license shall be mandatory in all cases.

The Central Office Apprehending Officers shall surrender all confiscated Driver's Licenses to the Law Enforcement Service-Driver's License Custodial Unit (LES-DLCU) or to the nearest Regional Offices/District Offices during special operations. The Regional Law Enforcers shall submit apprehensions to the Regional Office In-charge of Law Enforcement and Adjudication functions or the nearest LTO District/Extension Offices if the most practicable. The District Law Enforcement Teams (DLET) may submit to the District Office-LETAS Unit for storing, safekeeping, and appropriate action. aScITE

V. APPREHENSION PROCEDURE/PROTOCOL.

In compliance with the provisions of Memorandum Circular No. 2017-2097 dated 15 September 2017, all Law Enforcement Officers shall observe the following guidelines to ensure enforcement operations integrity:

1. The law enforcement activities shall be in accordance with the duly approved deployment order issued by Director, Law Enforcement Service for Central Office, the Regional Director for Regional Offices Enforcers, and the District Head for District Law Enforcement Team;

2. The Law Enforcement Officers when performing their duties must wear official patrol uniform and issued Office ID;

3. Upon flagging down a motor vehicle, the law enforcer shall approach politely, introduce oneself, inform the driver that their conversation is being recorded through the body worn camera and the reason for the stop, and subsequently, request to present a copy of the following:

a) Driver's License;

b) Photocopy of current Official Receipt (OR);

c) Photocopy of Certificate of Registration (CR);

d) And other pertinent documents if needed.

4. The Law Enforcement Officer shall verify through the handheld device the authenticity of documents presented;

5. Upon verification and determination of violations, the Apprehending Officer shall input apprehension information and issue ticket promptly;

6. Erroneous input of violation/s and other details shall be the personal liability of the Law Enforcement Officer concerned for gross negligence;

7. Always maintain professionalism;

8. The apprehension report must be submitted within 24 hours from the date and time of apprehension.

VI. USE OF PAYMENT FUNCTION ON HANDHELD DEVICE.

The utilization of the payment function of the Law Enforcement Handheld Mobile Device shall be subject to a separate issuance of guidelines by the Traffic Adjudication Service and approval of the Assistant Secretary.

Nevertheless, all Transportation Regulation Officers/Deputized Transportation Regulation Officers are strictly not allowed to accept cash payment or use a personal payment account (E-Wallet) to settle any apprehension.

VII. OPERATION, MAINTENANCE AND ACCOUNTABILITY OF OFFICIALLY ISSUED LAW ENFORCEMENT HANDHELD MOBILE DEVICE.

The Transportation Regulation Officers (TRO) and Deputized Transportation Regulation Officers (DTRO) shall strictly follow the established protocols for this purpose. And shall be responsible in the proper use and maintenance of the gadget. (See Annex "C")

VIII. ADMINISTRATIVE LIABILITY.

Any violation of this guidelines shall hold the TRO/DTRO administratively liable pursuant to existing administrative rules and regulations.

IX. EFFECTIVITY.

These rules shall take effect after fifteen (15) days of publication in the Official Gazette or in two (2) newspapers of general circulation in the Philippines and after receipt of a copy thereof by the National Registry of the UP-Law Center, Diliman Quezon City.

All orders, memoranda and other issuances in conflict herewith are deemed amended/superseded/modified accordingly.

For strict compliance.

(SGD.) EDGAR C. GALVANTEAssistant Secretary

ANNEX B

Briefing MEMO

 

1. (Indicate briefly the date/time, and place of occurrence)

2. (Brief facts of incidents)

3. (Other facts)

4. (Recommendation and requested actions) HEITAD

_____________________

Noted By:

___________

ANNEX C

 

TITLE	OPERATION, MAINTENANCE AND ACCOUNTABILITY OF OFFICIALLY ISSUED LAW ENFORCEMENT HANDHELD MOBILE DEVICE
OBJECTIVE	To establish guidelines for the proper operation, maintenance and accountability of officially issued law enforcement handheld mobile device.
PROTOCOLS	1. The Law Enforcement Service (LES), all Regional Offices and all other concerned District Law Enforcement Teams shall designate an accountable officer/custodian; 2. The designated accountable official/s must be a holder of a permanent plantilla position unless otherwise authorized by the Director LES and/or Chief FED, or the Regional Officials performing similar functions; 3. The handheld mobile device shall be issued only to personnel performing actual law enforcement function and have undergone users training; 4. The officially issued handheld mobile device shall be used strictly for law enforcement purposes only; 5. The TRO/DTRO shall rigorously follow the proper procedures in handling, operation, and maintenance of the device as required by the manufacturer; 6. In case of loss or damage of the gadgets, the concerned device user shall be held accountable/liable and maybe subject to the filing of appropriate charge under existing rules and regulations; 7. The handheld device user must report the lost, damaged, or malfunctioning unit to the designated accountable officer within 24 hours upon information/knowledge of the damage, malfunction, or loss; otherwise, the user shall explain in writing such delay of report; 8. The accountable officer shall coordinate with the Management Information Division or with the Administrative Division-Equipment Unit of the Central Office within 24 hours upon receipt of the report; for the repair and appropriate action of reported damage/malfunction gadget; 9. Real-time uploading of apprehension shall be over a data connection; If in case of offline or data is unavailable in the area of operation, the TRO's or DTRO's shall use the Temporary Operators Permit (TOP); 10. Tampering and unauthorized alteration/configuration of handheld mobile device settings is strictly prohibited and shall be considered a serious violation of protocols and subject to administrative sanctions under existing rules and regulations; 11. After every end of tour duty, the device shall be surrendered to the accountable officer for safekeeping and/or possible re-issuance; 12. All TROs/DTROs shall be prohibited to use their payment account channel for settlement of apprehension; 13. Any violation of these protocols shall be subjected to administrative sanctions accordingly.

 

Published in the Daily Tribune and Manila Bulletin on December 10, 2021.