Mayor to CCTO: Drop fines for expired traffic violations

CEBU, Philippines — Cebu City Mayor Nestor Archival has directed the Cebu City Transportation Office (CCTO) to stop collecting fines and penalties for traffic violations that have already prescribed under law.

He stressed that fairness and legality require the city to recognize the extinguishment of criminal liability once the prescriptive period lapses, and that drivers should not be burdened with expired cases that can no longer be prosecuted.

The mayor emphasized that the city must enforce its Traffic Code consistently, but always within the bounds of law and equity.

This directive was formalized through Executive Order No. 084, signed on July 10, 2026, which commands the CCTO to audit and cleanse its records of prescribed violations, segregate them from active or collectible cases, and prohibit their use as conditions for identification cards, vehicle release, or billing.

At the same time, the order mandates stricter enforcement and timely case-filing for subsisting and future violations to prevent prescription from attaching.

“The City shall neither demand nor collect fines and penalties for violations that have already prescribed… and shall ensure the prompt, consistent, and effective prosecution and collection of fines for all subsisting and future violations,” the order declared.

The issuance of EO 84 was anchored on Legal Guidance No. 2026-006 prepared by the CCTO Legal and Investigation Section in May.

The guidance explained that violations of the Traffic Code are criminal offenses classified as light offenses, subject to a two-month prescriptive period under Article 90 of the Revised Penal Code.

It noted that while thousands of traffic citation tickets are issued daily, only a fraction can be filed before the prosecutor’s office, leaving many violations to lapse.

“Ultimately leading to pages of violations spanning for years and even decades… But in reality have prescribed therefore cannot be subject to collection, otherwise, the city government can be held liable for illegal exaction,” the guidance stated.

It recommended that the city recognize prescription not as a waiver but as a mandatory legal principle.

In line with the development, the City Council moved to assert its oversight role following the mayor’s directive.

Councilor David Tumulak filed a motion to furnish the Committee on Transportation and the CCTO with a copy of EO 84 for their information and guidance.

Councilor Jose Lorenzo Abellanosa went further, requesting accountability data from the CCTO.

Abellanosa requested the said office to submit within 15 days the total number of traffic cases filed before the Municipal Trial Court; the number of cases dismissed or prescribed due to expiration of the prescriptive period; and the number of traffic and transportation-related violations that were not prosecuted or whose enforcement actions expired, together with the reasons therefor.

By requiring detailed reporting, the council aims to measure the scale of prescribed cases and ensure that EO 84’s cleansing directive is implemented with clarity and integrity.

EO 84 lays down a timeline for compliance, requiring the CCTO to complete its audit and reclassification within 60 days, and to submit a written report on the number and value of prescribed versus active violations.

It also sets deadlines for case-filing: unsettled violations must be endorsed within 15 days after the settlement period and filed no later than 45 days from the violation date, ensuring that complaints are lodged well within the two-month prescriptive period.

To prevent lapses, the CCTO is ordered to establish an electronic case-monitoring and docketing system with automated alerts.

The order further directs exploration of an interconnectivity program with the Land Transportation Office to treat unsettled violations as administrative demerits affecting driver’s licenses.

Archival emphasized that the order does not waive collectible fines for active violations, which remain enforceable under City Ordinance No. 801 and related measures.

He said it seeks to correct years of accumulated prescribed violations while strengthening enforcement mechanisms for future cases. — MRM (CEBU NEWS)