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Affidavit of Protest (Traffic Violations)

Last revision Last revision 04/03/2024
Formats FormatsWord and PDF
Size Size1 to 2 pages
Fill out the template

Last revisionLast revision: 04/03/2024

FormatsAvailable formats: Word and PDF

SizeSize: 1 to 2 pages

Fill out the template

An Affidavit of Protest for Traffic Violations is a document that serves as a written protest that may be submitted by a person if he was imposed with an excessive fine, if his driver's license was confiscated, or if his vehicle was impounded pursuant to a traffic citation ticket issued by a traffic enforcer.

Traffic citation tickets may be in the following forms:

Ordinance Violation Receipt (OVR). This is issued if the person apprehended has been found to have committed a traffic violation and was imposed with a fine.

Temporary Operator's Permit (TOP). This is issued in case of a confiscated license if the offense warrants the confiscation of license such as if the person apprehended is determined to have committed numerous violations.

Impounding Receipt of Motor Vehicle (IRMV). This is issued in case the vehicle is impounded by the traffic enforcer due to impoundable violations found such as non-registration of a motor vehicle.

This document is used to contest cited violations on the traffic citation ticket and will state the real circumstances at the time of apprehension or impoundment and is required to be submitted within 5 days from the date of apprehension or impoundment as indicated in the relevant citation ticket.

How to use this document

The details of the person who was apprehended or whose vehicle was impounded should be completed, together with the following details:

  • The details of the vehicle,
  • The license number in case of imposition of a fine or confiscated license,
  • The total amount of fine if any,
  • The place of apprehension or impoundment,
  • The date of apprehension or impoundment,
  • Cited traffic violations in the Temporary Operator's Permit (TOP) or Impounding Receipt of Motor Vehicle (IRMV), and
  • The narrations and the real circumstances at the time of apprehension or impoundment.

The following documents should be attached:

  • A copy of the certificate of registration of the car,
  • A copy of the traffic citation ticket,
  • Proof of the real circumstances,
  • Franchise Verification, in case of franchise-related violations such as colorum violation or unregistered public-utility vehicles,
  • Certificate of Emission Compliance, in case of violations involving smoke-belching, and
  • Motor Vehicle Inspection System Inspection Report with Official Receipt, in case of violations such as unauthorized or defective accessories, unauthorized modification, and other similar violations.

After completing the document, at least two copies must be printed. Then it must be presented to a notary public for notarization. One copy will be given to the notary public, and the other will be kept by the person who was found to have committed a traffic violation for their personal use and records.

The original copy together with the attachments should be submitted personally to the relevant office of the Land Transportation Office called the Law Enforcement Traffic Adjudication Services, or to the Traffic Adjudication Division of Metropolitan Manila Development Authority (for violations committed in Metro Manila) to contest the traffic violations wrongfully cited on the traffic citation ticket.

After submission, the case will be assigned to a hearing officer and a hearing will be scheduled. It must be noted that before a hearing, a position paper (a document to further explain the defenses of the apprehended person and the legal bases to controvert the citations of the traffic enforcer) may be required by the hearing officer.

Applicable Law

The Land Transportation and Traffic Code, and Metropolitan Manila Development Authority Rules and Regulations apply to this document to determine the legality and applicability of traffic violations. Further, affidavits are governed by the 2004 Rules on Notarial Practice. It should also be noted that making untruthful statements in a notarized affidavit may be punishable under the Revised Penal Code of the Philippines.

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