Tips

Apprehension cases in the Land Transportation Office (LTO) are one of the most unpleasant experiences that any driver, car owner, or operator in the Philippines probably hates. After all, many LTO apprehensions usually end up with having either your car or your driver’s license confiscated by enforcers, while the public looks on.

It’s easy to say that you should stay courteous and calm when faced with this kind of situation. However, this is still the best course, especially since any other reaction may result in more violations and even more hefty LTO fines. It’s also best to know your rights as well as what to do and how to settle your apprehension cases in LTO. 

What is an LTO Apprehension Case

Apprehension cases refer to cases of driving and traffic violations tagged by the LTO. It comes in two different types: admitted and contested apprehensions. The former type presupposes the admission by the driver of his violation which warranted his apprehension whereas the second one is a contentious type where the apprehended drivers question the validity of his apprehension. This is a contentious type, which involves the process of sending summons to the driver and the traffic officer who made the apprehension.

Depending on the result of the re-evaluation of the case, usually in the form of a hearing especially for contested cases, all the traffic violations listed in the TOP and in the LTO-IT system known as the Land Transport Management System (LTMS) portal may be dropped or dismissed provided that the apprehended driver or operator can present sufficient proof to warrant its dismissal.

Admitted vs Contested Apprehensions

Admitted apprehensions refer to LTO apprehension where the apprehended driver or operator admits the violation/s cited in the Temporary Operator’s Permit (TOP). It also comes in two types: those which are settled by the violator within 15 days following the apprehension and those that weren’t settled beyond the 15-day period. There are also other cases of admitted apprehensions like those special cases involving settling admitted apprehensions in the absence of the traffic violators, having auto-contested apprehensions, apprehensions where the driver’s license or license plate is confiscated, and apprehensions with impounded motor vehicles. 

A contested case, on the other hand, refers to cases where the apprehended driver or operator makes his intention to oppose the violations indicated in the traffic ticket or TOP known. It is usually immediately acted upon with dispatch, with summons for both the apprehending officer and respondent or apprehended driver/operator. Note that when an apprehension or traffic violation is contested, both the apprehending officer as well as the apprehended driver are required to go through a re-evaluation where both sides present proof for clarification of the violation and evidence of claim to see if it does warrant a dismissal or if the violation cited in the TOP is justified.

Benefits of Settling LTO Apprehension Cases

The settlement of apprehension cases at the LTO is much like a procedure for making amends with the LTO after committing a violation. Sure, you’ll have to do it anyway, but somehow, settling apprehension cases offers certain benefits including the following:

• Clean records
• Ability to transact with the LTO, regardless if it’s for the following:
  • License renewal
  • Adding or dropping DL codes
  • Duplicate licenses
  • Conversion from Non Pro License to Pro License
  • Conversion from Pro to Non-Pro License
• The risk of suspension or revocation of license is much lower
• Retrieval of confiscated items become easier
• It helps the apprehended driver/operator start on a clean slate

Eligibility to Settle LTO Apprehension Cases

Sure, every driver, operator, and conductor has probably seen, experienced, or heard about how it’s like to be apprehended by the LTO. While not everyone will experience this situation, knowing how to settle them is a necessity for everyone. Nevertheless, the information on the process of settling apprehensions is most useful to the following people:

• Apprehended drivers 
• Apprehended operators
• Apprehended conductors

Requirements for Settlement of LTO Apprehension Cases

You will need to prepare the following documentary requirements to settle your traffic apprehensions and retrieve whatever items were confiscated feom you.

General Requirements

• Pink copy of the Temporary Operator’s Permit (TOP)/e-TOP receipt;
• In case of loss of TOP/e-TOP: Affidavit of Los

Additional Requirements

Depending on the situation, apprehended drivers or operators may also need the following documents:

In the absence of the traffic violator

• Authorization Letter or Special Power of Attorney; and 
• One (1) photocopy of any government issued ID of the absent traffic violator

If auto-contested

• One (1) copy of the Certificate of Registration and latest Official Receipt of the apprehended motor vehicle;
• One (1) copy of the Driver’s License (for Driver’s License related violations);
• One (1) copy of Certificate of Public Convenience (CPC)/Special Authority and franchise verification from LTFRB (for franchise related violation);
• One (1) copy of Smoke Emission Test Result (for smoke belching violation); and/or
• One (1) copy of Motor Vehicle Inspection Report (MVIR) (for violations requiring inspection).

If contested

• One (1) original copy of the Affidavit of Protest/Contest and pieces of evidence

Procedures for Settling LTO Apprehension Cases

When settling apprehension cases with the LTO, here’s a complete guide to what you’re supposed to do:

Simple Admitted Apprehension

Step 1: Visit the designated LTO branch, be it the Cashier at the LTO Central Office, the Regional Offices-Operations Division, or the LTO District or any District or Extension Offices with Law Enforcement and Traffic Adjudication Service (LETAS) functions, closest to the applicant’s place.

Step 2: Check if they have LETAS functions and if they require an appointment or accept walk-in applicants.

• If the LTO office requires an appointment, book an appointment online with LTO ahead of your visit. 

Step 3: Submit the TOP/IRMV (or Affidavit of Loss – in case of loss TOP/IRMV) and other required documents.  

Step 4: Secure a queue number and wait for your turn.

Step 5: Wait for your queue number to be called.

Step 6: Once your name is called, submit the requirements so it can be evaluated for completeness and authenticity.

Step 7: Once the LTO personnel confirms the details from the system, wait for a transaction ID to be generated.

Step 8: Once the transaction ID is generated, proceeds to the cashier for payment of fees.

Step 9: After making the payments, proceed to the Releasing Area with your official receipt (OR) and other documents to claim confiscated item/s. 

Step 10: Wait for your turn to collect the confiscated items.

Note: In cases of suspension, the drivers may return to the LTO once the suspension is served. 

Auto-contested Apprehension Cases

Step 1: Visit the designated LTO branch, be it the Traffic Adjudication Service in the LTO Central Office, the Regional Offices-Operations Division, or the LTO District or Extension Offices with Law Enforcement and Traffic Adjudication Service (LETAS) functions, closest to the applicant’s place.

Step 2: Check if they have LETAS functions and if they require an appointment or accept walk-in applicants.

• If the LTO office requires an appointment, book an appointment online with LTO ahead of your visit. 

Step 3: Submit the TOP/IRMV (or Affidavit of Loss – in case of loss TOP/IRMV) and other required documents.  

Step 4: Wait for the LTO staff to assign a Hearing Officer. 

Step 5: Proceed to the Hearing officer for the approval/denial of resolution. 

Step 6: Once a decision is made and a printed copy is issued to you, proceed to the cashier for payment of fees.

Step 7: After making the payments, proceed to the Releasing Area with your official receipt (OR) and other documents to claim confiscated item/s. 

Step 8: Wait for your turn to collect the confiscated items.

Note: In cases of suspension, the drivers may return to the LTO once the suspension is served. 

Contested Apprehension Cases

For contested cases, you may refer to the procedures listed in this guide on how to settle contested cases.

Motion for Reconsideration 

To file for motion for reconsideration, drivers or operators may follow these procedures:

Step 1: Visit the designated LTO branch, be it the Traffic Adjudication Service in the LTO Central Office within five (5) days after receiving the Traffic Adjudication Service (TAS) resolution.

Step 2: Wait for the LTO staff to assign a Hearing Officer. 

Step 3 Proceed to the Hearing officer for the approval/denial of resolution. 

Step 6: Once a decision is made and a printed copy is issued to you, proceed to the cashier for payment of fines. 

• In the event of affirmed and dismissed cases: proceed to the Releasing Unit.

Step 7: After making the payments, proceed to the Releasing Area with your official receipt (OR) and other documents to claim confiscated item/s. 

Step 8: Wait for your turn to collect the confiscated items.

Appeal on Decided Cases

Apprehended drivers and operators may also file an appeal to contest decided cases by following these steps:

Step 1: File at the office of the Assistant Secretary an appeal from the denial of Protest or of the Motion for Reconsideration within 10 days from receipt of notice. 

Step 2: Wait to be furnished with a copy of the resolution.

Step 3: Proceed to the evaluator, hearing, and approving officers for processing.

Step 4: Once a decision is made and a printed copy is issued to you, proceed to the cashier for payment of fines (for affirmed cases).

• In the event of affirmed and dismissed cases: proceed to the Releasing Unit.

Step 5: After making the payments, proceed to the Releasing Area with your official receipt (OR) and other documents to claim confiscated item/s. 

Step 6: Wait for your turn to collect the confiscated items.

Cost of Settlement of Apprehension Cases in the LTO

When settling apprehensions in LTO, one must be ready to pay the LTO fees which includes:

• Legal Research Fee – P 10.00
• Other Fees may vary depending on the violation
• For appeals on decided cases and for those who filed motion for reconsideration: If motion is denied and applicant decided to settle fines: P 77.63 
• Computer Fee – P 67.63

Where to Settle Apprehension Cases

To settle admitted apprehensions in LTO, you may visit any of the following LTO Offices:

• Cashier (Central Office)
• Regional Offices – Operations Division
• District/Extension Offices with LETAS functions

Important Reminders

For your reference, here are some tips and guides worth remembering: 

• If the license is suspended, the client shall return to the agency after the lifting of suspension.
• In case there is an accessory penalty imposed (e.g. attendance in seminars or examination), the driver also needs to submit a certificate of attendance of the said seminar/examination. 
• Fines and penalties imposed in case of apprehension vary, depending on the gravity of the offense.
• Traffic violators slapped with traffic tickets are entitled to contest his case within five (5) days after apprehension.
• Appeals and motions for reconsideration for decided apprehension cases may also be filed at the LTO.

Frequently Asked Questions (FAQs)

To help you settle your apprehension cases at the LTO, we rounded up some common questions and answer regarding the process here:

1. Is it necessary to attend seminars and training to settle an apprehension in the LTO? 

Yes. Those drivers whose offense include running or moving violations like illegal parking, reckless driving, disregarding traffic signs (DTS) are required by the law to further attend a seminar at their Seminar Room or Traffic Safety Division or Road Safety Training Seminar. A written examination will follow after the said seminar. Only those who passed the exam will be issued a certification, which will be presented upon claiming the confiscated item.

2. What is an IRMV?

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

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

No. The place of settlement of apprehension is indicated in the middle portion of the TOP. Note that not all apprehended operator/driver is allowed to settle his case in any LTO Regional/District Office. If the apprehension happened within Metro Manila, he will need to appear at the LTO Traffic Adjudication Service (TAS), Central Office, East Avenue, Quezon City to settle his case. However, if he was apprehended in the jurisdiction of other LTO Regional/District Offices, he will appear at the concerned LTO Operations Division as specified in his TOP. In some cases, an apprehended operator/driver may be allowed to settle the case in any LTO Regional/District Office if his violation/s is included in the list of the “LETAS SETTLE ANYWHERE”. The Traffic Adjudication Service (TAS) / Operations Division may determine it through the LTO-IT system.

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

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

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

Yes. The confiscated items may be immediately released after the payment of the corresponding fines/penalties provided that there are no accessory penalty/s and/or suspension indicated in the Resolution and/or Judgment. If the apprehended operator/driver is required to attend the seminar/exam before the release of the confiscated items, the accessory penalty is the seminar/exam. If there is suspension to be served, then the apprehended driver must serve the suspension first before they can return and retrieve the confiscated items.

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

The confiscated items shall only be released after serving the required suspension. 

7. How to claim confiscated items from the LTO?

The official receipt issued by the cashier along with the other pertinent documents necessary to prove the driver’s ownership of the item claimed should be presented to the releasing clerk. Before releasing the item confiscated, the officer in-charge should indicate in the log sheet the item/s to be released.

Summary

There are different ways and available remedies when settling apprehensions at the LTO. These options are in place to avoid arbitrariness of the traffic enforcers. However, while it pays to know the different options and recourse under the law, it is more prudent to follow simple traffic rules and regulations in order to avoid any kind of hassle while on the road. Plus, it helps you deal with apprehensions better, knowing that there are ways to settle, contest, ir even appeal such apprehensions. 

Contact Information

For more information or inquiries, you may reach out to:

Land Transportation Office (LTO)

LTMS portal: Visit the LTO’s official website and fill out their Contact Us form at https://portal.lto.gov.ph/ords/f?p=PUBLIC_PORTAL:CONTACT_US:115716301949471.

Phone call: You may contact them at their telephone number (632) 922-9061 to 66.

Email: You may also send them an email at clientcare@lto.gov.ph.

LTO Text Hotline Service: You may use LTO’s nationwide SMS service for drivers and vehicle owners by typing LTOHELP and sending it to 2600

LTO office: For information, you may check the LTO branch closest to you.

LTO Hotline: 8922-9061, 8922-9062, 8922-9063