In the Philippines, tricycles are a backbone of local transportation, bridging the gap where larger vehicles cannot reach. However, the convenience they provide is often overshadowed by reckless driving—including speeding, counter-flowing, overloading, and blatant disregard for traffic signals.
When a driver’s negligence endangers lives or property, commuters and pedestrians have the legal right and responsibility to hold them accountable. Here is a comprehensive guide on the legal avenues and procedures for filing a complaint.
I. Legal Basis and Jurisdiction
Tricycle operations are governed by a dual regulatory framework. While the Land Transportation Office (LTO) oversees the licensing of drivers and registration of vehicles, the Local Government Units (LGUs) hold the power to regulate tricycle franchises through their respective Sangguniang Bayan or Sangguniang Panlungsod.
- Republic Act No. 4136 (Land Transportation and Traffic Code): The primary law governing all motor vehicles, including tricycles.
- Local Ordinances: Every municipality or city has a "Tricycle Management Code" or similar ordinance that dictates specific rules on fares, routes, and safety standards.
II. Essential Information to Gather
Before initiating a formal complaint, you must secure "identifying information." Without these details, authorities will find it difficult to track the specific driver or operator.
- The Body Number: This is usually painted in large digits on the front, back, and side of the sidecar. It is more critical than the license plate for local identification.
- License Plate Number: Found at the rear of the vehicle.
- TODA Name: Identify which Tricycle Operators and Drivers Association (TODA) the driver belongs to (often painted on the sidecar).
- Driver’s Identity: If possible, take note of the driver’s name (usually found on a displayed ID inside the sidecar) or a physical description.
- Evidence: Photos or videos of the incident, the location, the time, and any damaged property or injuries sustained.
III. Where to File Your Complaint
Depending on the severity of the offense, you may choose one or more of the following channels:
1. The Barangay (For Immediate Resolution)
If the incident occurred within a specific barangay and did not result in serious physical injury, you can file a complaint with the Lupong Tagapamayapa. This is the first step for mediation under the Katarungang Pambarangay law.
2. The LGU Tricycle Regulatory Unit (TRU) / BPLO
Most cities and municipalities have a Tricycle Regulatory Unit (TRU) or a Business Permits and Licensing Office (BPLO). This is the most effective office for administrative complaints. They have the power to:
- Suspend or revoke the driver’s local permit.
- Cancel the operator’s franchise (MTOP - Motorized Tricycle Operator's Permit).
- Impose fines based on local ordinances.
3. The Land Transportation Office (LTO)
For violations related to reckless driving, driving under the influence, or lack of a professional license, you can file a formal affidavit of complaint at the LTO branch with jurisdiction over the area. The LTO can suspend or revoke the driver's license.
4. The Philippine National Police (PNP) - Traffic Division
If the reckless driving resulted in a collision (damage to property) or physical injuries, you must immediately proceed to the nearest police station to have the incident recorded in the Police Blotter. A Traffic Accident Investigation Report (TAIR) will be essential for filing criminal charges.
IV. Step-by-Step Filing Process
- Affidavit of Complaint: Prepare a written statement detailing the date, time, location, and specific acts of recklessness. Be factual and concise.
- Submission: Submit the affidavit along with your evidence (photos/videos) to the TRU or LTO.
- Summons: The regulating body will issue a "Summons" or "Notice of Hearing" to the driver and the registered owner (operator) of the tricycle.
- Confrontation/Hearing: Both parties will be called for a hearing. If the driver fails to appear, they are usually found in default, and the office will proceed with a decision based on your evidence.
- Resolution: The office will issue a resolution, which may include a fine, a suspension of the driver’s permit, or a recommendation to the LTO for license suspension.
V. Common Violations and Penalties
While penalties vary by municipality, common infractions include:
| Violation | Common Legal Consequence |
|---|---|
| Reckless Driving | Fines ranging from ₱1,000 to ₱10,000 and/or license suspension. |
| Overloading | Fine per excess passenger and potential suspension of TODA membership. |
| Refusal to Convey | Penalty for "choosing" passengers or refusing trips within the route. |
| Out of Line | Operating outside the designated zone or route. |
| Driving without License | Immediate impounding of the unit and heavy fines. |
VI. Important Reminders
- Liability of the Operator: Under Philippine law, the owner/operator is "subsidiarily liable" for the actions of their drivers. If the driver cannot pay for damages, the owner may be held responsible.
- The "No Plate, No Travel" Policy: You should report any tricycle operating without a visible body number or license plate to the local traffic bureau immediately, as these are often "colorum" units.
By pursuing a formal complaint, you contribute to a culture of road safety and ensure that public utility vehicle operators uphold their duty of "extraordinary diligence" in transporting the public.