The Land Transportation Office in Central Visayas (LTO 7) on Friday clarified that the 90-day preventive suspension imposed on the driver involved in the incident that left a Cebu City traffic enforcer seriously injured is not a final penalty.
LTO 7 Regional Director Atty. Wendel Dinglasan said the suspension is part of standard procedure once a show cause order is issued and is intended to ensure public safety while administrative proceedings are ongoing.
“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.
He stressed that the agency cannot immediately revoke a driver’s license, even in cases involving serious allegations, without first giving the respondent the opportunity to respond to the charges.
“The LTO cannot just impose the DL revocation penalty no matter how grave the infraction is because it would be tantamount to violation of the right of the respondent/defendant to due process,” he said.
Dinglasan added that as a quasi-judicial body, the LTO is bound by due process requirements similar to courts.
“The LTO, in exercising its quasi-judicial functions, is akin to a court who HEARS before it CONDEMNS. It has been that way ever since and will always be,” he said.
The clarification came after LTO 7 issued a show cause order against the 62-year-old Toledo City driver involved in the July 1 collision at the Escario Street–Osmeña Boulevard intersection that seriously injured Cebu City Transportation Office (CCTO) traffic enforcer Jovanne Verano.
As part of the order, the driver’s license was placed under preventive suspension for 90 days while the administrative case proceeds.
The driver was also directed to appear before the LTO Operations Division in Cebu City at 10 a.m. on July 6 and submit a sworn explanation and supporting documents as to why administrative sanctions should not be imposed.
The LTO also placed the Isuzu MU-X involved in the incident under alarm status, effectively blocking any transactions involving the vehicle until the case is resolved.
Based on its initial findings, the LTO said CCTV footage showed the SUV stopping after the traffic enforcer signaled it to halt before allegedly moving forward, striking the enforcer and running over his left hand.
The agency said these circumstances may constitute grounds for administrative liability under Section 27 of Republic Act No. 4136 or the Land Transportation and Traffic Code, including being an “improper person to operate a motor vehicle,” as well as reckless driving under Section 48.
The LTO reminded the driver that failure to attend the scheduled hearing or submit a sworn explanation may result in the case being resolved based on available evidence.
It also emphasized that the administrative proceedings are separate from any criminal or civil cases that may be filed in connection with the incident.
Meanwhile, police are preparing criminal charges against the driver.
Investigators earlier said the complaint may be elevated to direct assault with attempted homicide.
The driver has denied intentionally fleeing the scene, claiming he accidentally released the brake pedal of his automatic transmission vehicle without shifting it to neutral or park, causing it to move forward unexpectedly.
Verano remains under medical care as doctors continue to assess his injuries.
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