LTO: 90-day license suspension for SUV driver is preventive, not final

CEBU CITY, Philippines — The Land Transportation Office in Central Visayas (LTO-7) clarified on Friday that the 90-day suspension imposed on the driver’s license of the Toledo City motorist who struck a Cebu City traffic enforcer does not constitute a final penalty but only a preventive measure while the agency hears the administrative case against him.

LTO-7 Regional Director Wendel Dinglasan issued the clarification following public discussion over the agency’s decision to immediately suspend the 64-year-old driver’s license after he allegedly hit and seriously injured traffic enforcer Jovanie Verano along Osmeña Boulevard on Wednesday.

“The 90-day suspension included in the issuance of any LTO show cause order is not an actual penalty for the infraction of the law. It is only a preventive measure while the administrative case is being heard,” Dinglasan said in a statement.

READ: LTO suspends license of SUV driver who hit traffic enforcer

READ: License revocation sought for SUV driver who hit Cebu traffic enforcer

He stressed that the LTO cannot immediately revoke a driver’s license, even in cases involving serious alleged violations, without first allowing the respondent to answer the charges.

“The LTO cannot just impose the driver’s license revocation penalty no matter how grave the infraction is because it would be tantamount to violating the respondent’s right to due process,” he said.

Dinglasan explained that the agency exercises quasi-judicial powers when resolving administrative cases involving motorists.

“The LTO, in exercising its quasi-judicial functions, is akin to a court that hears before it condemns. It has been that way ever since and will always be,” he added.

Preventive suspension

On July 2, the LTO-7 issued a show-cause order directing the driver to appear before its Operations Division on July 6 to explain why he should not face administrative sanctions over the incident.

Pending the administrative proceedings, the agency ordered the preventive suspension of his driver’s license for 90 days, effective immediately upon receipt of the order.

The LTO also directed him to surrender his driver’s license during the scheduled hearing.

In addition, the agency placed the Isuzu MU-X involved in the incident under alarm status, temporarily preventing any transaction involving the vehicle while the investigation remains pending.

Possible administrative violations

The LTO said the driver could face administrative liability for being an “improper person to operate a motor vehicle” under Section 27 of Republic Act No. 4136, or the Land Transportation and Traffic Code, as well as reckless driving under Section 48 of the same law.

READ: Driver faces reckless imprudence raps in Capitol enforcer accident

The show-cause order cited CCTV footage showing the SUV initially stopping after Verano signaled the driver while managing traffic at the intersection of Escario Street and Osmeña Boulevard on Wednesday morning.

According to the LTO, the vehicle suddenly moved forward without authorization, struck the traffic enforcer, knocked him to the ground, and allegedly continued moving.

The order further alleged that instead of immediately stopping to render assistance, the driver accelerated, ran over the fallen enforcer, and attempted to leave the scene.

The agency emphasized that the administrative proceedings remain separate from any criminal or civil cases that authorities may file.

Criminal case upgraded

Meanwhile, the Cebu City Police Office’s Traffic Enforcement Unit has recommended upgrading the criminal complaint against the driver from reckless imprudence resulting in serious physical injuries to direct assault with attempted homicide.

Traffic investigator Police Staff Sergeant Jacinto Arnado Jr. said investigators recommended the higher charges because Verano was wearing his official uniform and actively performing traffic enforcement duties at the time of the incident.

READ: CIDG nabs 3 alleged LTO fixers in Manila, Quezon City

Investigators said CCTV footage showed the driver initially stopping after the enforcer flagged him down before allegedly accelerating after Verano turned his back, striking him and running over his left hand.

Driver cites accidental brake release

During the initial investigation, the driver told authorities that the collision happened after he accidentally released the brake pedal of his automatic transmission vehicle while waiting at the intersection.

Cebu City Transportation Office head Raquel Arce earlier said the retired engineer claimed he failed to shift the SUV into park or neutral before taking his foot off the brake, causing the vehicle to move forward unexpectedly.

The driver also denied intentionally fleeing, saying he became rattled after the collision.

Investigators, however, said the SUV continued moving until bystanders stopped the vehicle and turned the driver over to responding authorities.

Health condition disclosed

Arce also revealed that the driver underwent heart bypass surgery in April and admitted that his physician had advised him not to resume driving.

Despite that advice, she said, the driver traveled from Toledo City to Cebu City to process property documents near the Cebu Provincial Capitol when the incident happened.

Vice Mayor Tomas Osmeña has since urged authorities to seek the permanent revocation of the driver’s license and pursue criminal charges, describing the driver’s alleged actions after the collision as inexcusable.

The Cebu City government has also committed to shoulder Verano’s medical expenses. The traffic enforcer suffered fractures in all three bones of the ring finger on his left hand after the SUV ran over it, while doctors continue to monitor him for other possible injuries.

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