Can traffic enforcers take drivers’ licenses? DILG, Manila differ

The Department of the Interior and Local Government and the city government of Manila have different positions on whether or not the city’s traffic enforcers may confiscate drivers’ licenses of traffic violators in its jurisdiction.

According to Oscar Oida’s report on “24 Oras”, a truck driver and his helper had a heated argument with Manila’s traffic enforcers after the latter insisted on confiscating the driver’s license while issuing a traffic violation ticket.

The driver and the truck helper invoked the DILG memorandum circular Interior Secretary Benhur Abalos issued in September. The memo said only the Land Transportation Office and deputized agents may confiscate licenses.

“’Yung sa atin was on the basis of ‘yung pinirmahan ng joint memorandum ng former DILG (Ronaldo) Puno which was on the basis of the creation of the LTO,” Abalos said.

(Ours was on the basis of the joint memorandum signed by the former DILG Puno which was on the basis of the creation of the LTO.)

“Mayroong isang provision doon na talagang sinasabi na talagang ang LTO lamang ang pwedeng mag-confiscate or any of the authorized agents, hindi ko lang alam kung authorized ng LTO ang Manila,” he added.

(There is a provision there that actually says that only the LTO or any of the authorized agents can confiscate, I just don't know if Manila is authorized by the LTO.)

Atty. Princess Abante, the spokesperson and head of communication of Manila Mayor Honey Lacuna, said LGUs with their own traffic codes “may be authorized under the Local Government Code.”

“Ang posisyon namin, national agencies and other local government units na walang ordinansa on their traffic, they need deputization from the LTO. But LGUs, like Manila na nag-enact at nagkaroon ng valid na traffic code may be authorized under the local government code,” Abante said.

(Our position is that national agencies and other local government units that do not have an ordinances on traffic need deputization from the LTO. But LGUs, like Manila which enacted and have a valid traffic code are authorized under the Local Government Code.)

“As soon as Secretary Abalos issued that memorandum, the city of manila through our Mayor Honey already sent a communication to the Office of Secretary Abalos, informing the Secretary that we will continue to implement our local ordinance in traffic as empowered in the local government code,” she added.

Abalos said he was hoping that the issues would be resolved soon for the sake of motorists.

He added that the DILG had continuous and open communication with LGUs.

“’Yung batas, kanya-kanyang interpretation ‘yan, but that is our interpretation. Kung kaya’t we’re giving them time na tingnan nila, i-review nila ‘yung ordinance nila,” Abalos said.

“Baka pwede pag-usapan din para ‘yung proseso mas maginhawa sa lahat,” he added.

(The law has different interpretations, but that is our interpretation. That's why we're giving them time to look at it and to review their ordinance. Maybe we can also discuss it so that the process would be more convenient for everyone.) —Mel Matthew Doctor/NB, GMA News