CLARIFICATION ON THE IMPOSITION OF THE ADDITIONAL AMOUNT OF FINE IN CASES OF PROHIBITED OR ILLEGAL OPERATION OF MOTOR VEHICLES

In order to have a uniform implementation of Item E, Sections 60 and 61 (Prohibit Illegal Operation of Motor Vehicles), as provided in the Department Order No. 2008-39 and
to further lay down the rule of reference in the application of
penalties as the clear tenor and intention thereof, the following shall
serve as guidelines in the adjudication of apprehension cases involving
said violations:

1. The additional amounts of fine ranging from P1,500, P2,000 and
P2,500 per day of impoundment for the first, second and third offenses,
respectively as provided for in Item E, Sections 60 and 61 of
Department Order No. 2008-39, shall be imposed only in cases of actual
or physical impoundment of the motor vehicle. The provision shall not
apply to cases of technical impoundment, as the taking into custody of
the license plates of the motor vehicles;

2. The provision shall apply only in cases of “out of line operations” and “operation of a colorum motor vehicle”
imposable against the owners/operators. Other viola t ions which
carry an accessory penalty of impoundment of a motor vehicle shall not
be subject to such additional fine;

3. The start of counting of the number of days for purposes of this
provision shall be the date of encoding which shall be made within 72
hours from the date of apprehension. The 72 hours encoding time shall
refer to working days, hence, Saturdays, Sundays and holidays are deemed
excluded;

4. The accessory penalty of suspension imposed for both owners and
drivers provided in the same provision shall remain to be strictly
enforced. To strengthen the coercive force of responsibility in case of
breach, no suspension of registration documents nor driver’s license
shall be lifted until the penalty of suspension shall have been fully
and completely served. Likewise, no impounded motor vehicle or licensed
plates (in case of technical impoundment) shall be released unless the
suspension shall have been complied with.

The STRADCOM is hereby ordered to cause the necessary adjustment in the LETAS facility to effectively implement this Circular.

Previous memoranda or circulars inconsistent herewith are deemed superseded and/or otherwise modified accordingly.

This Circular shall take effect immediately.

For guidance and strict compliance.

Adopted: 19 June 2009

(SGD.) ARTURO C. LOMIBAO
Assistant Secretary