SUSPENSION OF DRIVER’S LICENSE

Introduction

Driving a motor vehicle in the Philippines as in the other countries is not a right
but a mere privilege granted by the Philippine government through the Land
Transportations Office (LTO) based on Republic Act 4136 as amended. Further, it
is a privilege which may be suspended or revoked.

Suspension of driver’s license in the Philippines may be caused by various

reasons. The period of suspension and the mode of appeal to such suspension
also vary, depending on the type of license used by the.

Nonetheless, in all cases, the driver is given recourse under the law to appeal
driver’s license suspension or question the validity of the suspension or even
revocation of the driver’s license.

Authority to Revoke or Suspend License

LTO chief shall have the exclusive power and authority to suspend or revoke for
cause any driver’s license issued under Republic Act 4136 (Section 27). Any
deputy of the LTO chief may, for the same cause, suspend for a period not
exceeding (3) three months any driver’s license issued under the provisions of
RA 4136, provided that such suspension may be appealed to the LTO chief who
may, after reviewing the case, confirm, reverse or modify the action taken by
the deputy. A decision of the LTO chief to revoke or refuse the reinstatement of
a revoked license may be appealed to the DOTr head.

Reckless Driving

Reckless driving is one of the most violated traffic laws in the Philippines today.
And while it's considered part of the miscellaneous traffic rules in our
constitution, this law still warrants careful study and vigilance from drivers.

Reckless driving is defined as operating a motor vehicle without reasonable

caution. It includes over-speeding, drunk-driving, and distracted driving. 1

Penalty for Reckless Driving

In every traffic violation committed, there is a corresponding penalty. When it

comes to reckless driving, there are the sanctions to keep in mind.

Joint Administrative Order No. 2014-01 provides for the revised schedule of fines
and penalties for violations of laws, rules and regulations governing land
transportation.

As shown in the table below, section 1(e) provides that a fine of P2,000.00 is
imposed on reckless driving violation for the first time offender, without a
corresponding accessory penalty.
1
https://www.carmudi.com.ph/journal/understanding-traffic-laws-what-you-should-know-about-reckless-
driving/
For the second time offense, a fine of P3,000.00 is imposed, but with a
corresponding accessory penalty of suspension of driver’s license for (3) three
months.

Finally, for the third time offense, a fine of P3,000 is imposed, including
suspension of driver’s license for six (6) months and revocation on the
succeeding offense.

RA JAO VIOLATIO PRIVATE VEHICLE ACCESSORY PENALTY/

4136 NS DRIVER MV OTHER REQUIREMENTS
OWNER
RECKLESS
48 1e DRIVING
1st P2,000 None
Offense
2nd P3,000 None Suspension of driver’s
Offense license for three (3)
months.
3rd P10,000 None Suspension of driver’s
Offense license for six (6) months
and revocation on the
succeeding offense.

A revoked non-
professional driver’s
license shall be
disqualified from being
granted a driver’s license
for a period of two (2)
years counted from date
of revocation.

A revoked professional
driver’s license shall be
perpetually disqualified
from getting any driver’s
license.

Lifting of suspension

Can a driver’s license suspension be lifted? The answer is in the affirmative. As a

general rule, suspension of driver’s license may be lifted after serving the
imposable period of suspension.

For example, for first offense colorum violation, the suspension of license and
plate number of vehicle shall be lifted after three (3) months. In some
cases, requirements for lifting of suspension included serving accessory penalties
(e.g. driver is asked to attend seminar or examination).

Accessory penalty is usually imposed to drivers who committed the following

violations:
 Illegal parking
  Reckless driving
 DUI and over-speeding
 Obstruction
 Disregarding traffic sign.

Therefore, it's crucial to know, understand and follow traffic laws in the
Philippines.2

Issuance of Temporary Operator’s Permit (TOP)

Pursuant to Memorandum Circular No. 515-2004 dated 25 May 2004, TOP shall
be used in apprehension of all violations and it is strictly required to be issued to
the apprehended driver/operator at the site and time of apprehension.

TOP can be used by the apprehended driver as temporary license within 72

hours or 3 days only. However, cannot be extended after such period.

An apprehended operator/driver can settle his case within 15 days from the date
of apprehension provided the apprehension is reported and encoded in the LTO-
IT system. If he failed to settle his case within 15 days from the date
of apprehension, it will cause the automatic suspension of his driver’s license for
30 days, reckoned from the day of apprehension. In such case, he may be
required to pay additional driver’s license suspension appeal fee. 3

If he was apprehended within Metro Manila, he will appear at the LTO Traffic
Adjudication Service (TAS), Central Office, East Avenue, Quezon City to settle his
case. But, if he was apprehended in other LTO Regional/District Offices, he will
appear at the concerned LTO Operations Division as specified in his TOP.

The corresponding amount of the fines/penalties as well as the accessory

penalties are determined by the Traffic Adjudication Service based on the
violations specified in the TOP and through the LTO-IT system.

Admitted Case

An admitted case is a case wherein the apprehended operator/driver admits

the violation/s cited in his TOP. Also, when he failed to file a written contest
within five (5) days, the violations stated in the TOP will be deemed admitted. In
which case, the driver will have to pay prescribed fine within fifteen (15) days
from the date of apprehension.

An apprehended operator/driver may protest the violations specified in the

TOP. This is a contested case.

Contested Case

A contested case is a case wherein the apprehended operator/driver signifies

his intension to oppose to the violations indicated in the TOP. It should be acted
upon with dispatch by preparing the summons both for the apprehending officer
2
https://philkotse.com/safe-driving/complete-guideline-on-driver-license-suspension-appeal-in-the-
philippines-2665
3
https://www.lto.gov.ph/frequently-asked-questions/law-enforcement-and-adjudication-of-cases.html
and respondent. The apprehending officer shall have been summoned at least
once with proof of service for clarification purposes. Violation/s listed in the TOP
and/or encoded in the LTO-IT system shall be dropped/dismissed provided that
the apprehended driver/operator presents sufficient documentary evidence to
warrant its dismissal and/or if the violations cited in the TOP are interrelated or
common.

Example:
Common violations - Obstruction and Disregarding Traffic Sign (DTS)
Interrelated violations – Out of Line and Breach of Franchise and No Panel Route
Painted

The confiscated items such as the driver’s license and/or motor vehicle plates
may be immediately released after the payment of the corresponding
fines/penalties provided that there is NO accessory penalty/s and/or suspension
indicated in the Resolution and/or Judgment.

Example:
If the apprehended operator/driver is required to attend the seminar/exam before
the release of the confiscated items, the accessory penalty is the seminar/exam.

CONCLUSION

An apprehended driver may only protest the violation/s specified in the TOP
only within five (5) days from the date of apprehension. If the driver failed to
make a written protest, the violations cited in the TOP will be deemed admitted
and therefore, waive his right to protest the judgment/resolution.

Accordingly, a confiscated driver’s license may be immediately released after

the payment of the corresponding fines and penalties provided that there is NO
ACCESSORY PENALTY and/or SUSPENSION indicated in the resolution and/or
judgment.

Conclusively, a suspended driver’s license shall only be released after serving

the required suspension.

It is clear that reckless driving, drunk driving and distracted driving are violations
of the law in themselves. They did not result in damages, injuries or even death
for them to be punishable.

These acts, even without causing damages or injuries, will make you liable for
reckless driving (or drunk driving, if intoxication is proved) under R.A. 4136.

Being a responsible driver entails observing all traffic rules and regulations, even
if you see others violating them, and even if there are no traffic enforcers in
sight.4

Likewise, we must observe maximum speed limits, which are imposed under the
law in all types of roads. Speed limits are not deemed suspended when the road
appears very clear or when traffic is fast-moving. These are imposed so that
drivers will not lose control over their vehicles at all times and will be able to
react quickly to any untoward incident.
4
https://doj.gov.ph/files/advisory.pdf