Memorandum Circular No. 69




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Circular No. 69, August 16, 1966 ] TO ALL PROVINCIAL GOVERNORSM CITY AND MUNICIPAL MAYORS: Numerous complaints have been and are being received by may Office regarding the frequent flaggings and harassments along the national highways of freight and passenger trucks by members of local police forces, allegedly for violation traffic and transportation regulations but, in reality to afford then the opportunity of mulcting the drivers of such trucks and cargo owners. This pernicious practice oust be stopped for it impedes free flow of passengers and commerce along our national highways and increases transportation costs, to the prejudice of rural folks bringing their wares to the market and, eventually, the consuming public, which is made to shoulder the additional costs, resulting in the public’s loss of confidence in our police forces. As chief executive within your respective jurisdictions, it is your primary responsibility to see to it that the members of your police forces dc not abuse their prerogatives. Therefore, I an appealing to you to exert more vigorous efforts to stamp out this reprehensive practice by: (1) exercising closer control and supervision over the heads and members of your police forces to the end that only those who possess the necessary qualifications are appointed thereto and the undesirables and those with sullied backgrounds and records are weeded at; (2) calling the attention of such police force members to the following provisions of Republic Act No. 4136, known as the Land Transportation and Traffic Code and exacting strict compliance therewith.1âшphi1 “Section 4(d) (7) The Philippine Constabulary and the city and municipal police force 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 with their respective jurisdictions; Provided, That all apprehensions made shall be submitted for fiscal disposition to the Commissioner and his deputies within twenty-four hours from the date of apprehension. (8) All cases involving violations of this Act shall be endorsed immediately by the apprehending officer to the Land Transportation Commission. Where such violations necessitate immediate action, the same shall be endorsed to the traffic court, city or municipal court for summary investigation, hearing and disposition, but in all such cases, appropriate notices of the apprehensions and the disposition thereof shall be given to the Commissioner of Land Transportation by the law-enforcement agency and the court concerned.” xxx “Section 29. Confiscation of driver’s licenses. Law enforcement and peace officers duly designated by the Commissioner shall, in apprehending any driver for violations of this Act or of any regulations issued pursuant thereto, or of local traffic rules and regulations, confiscate the license of the driver concerned and issue a receipt prescribed and issued by the Commission therefor which shall authorize the driver to operate a motor vehicle for a period not seventy two hours from the time and date of issue of said receipt. The period so fixed in the receipt; shall not be extended, and shall become invalid thereafter. Failure of the driver to settle his case within fifteen days from the date of apprehensive will cause suspendion and revocation of his license;” (Emphasis supplied) (3) requiring local police forces to secure their TOPs (temporary operators permits) and TVRs (traffic violation receipts) from the Land Transportation Commission or, should they prefer to print their own TOPs and TBRs, to have then validate with the Land Transportation Commission. (SGD.) FERDINAND E. MARCOS President Republic of the Philippines August 16, 1966 The Lawphil Project - Arellano Law Foundation