LTO stresses LGUs have no legal basis to confiscate drivers' licenses

The Land Transportation Office on Thursday said local government units have no legal basis to confiscate the drivers’ licenses of traffic violators.

“The LTO wishes to clarify to the public that it is currently implementing Department of Transportation (DOTr) Memorandum Circular No. 001-2026, which sets the policy regarding the non-confiscation of driver’s licenses during apprehension,” the agency said in a statement on its official Facebook page.

“Bilang pagsunod sa kautusan, pansamantalang hindi kinukumpiska ng mga law enforcement officers na may deputasyon mula sa LTO ang driver's license ng mga motoristang lumalabag sa batas-trapiko,” it added.

(In compliance with the directive, law enforcement officers deputized by the LTO are temporarily not confiscating the driver's licenses of motorists who violate traffic laws.)

The LTO said it seeks to clarify that existing Supreme Court jurisprudence does not grant traffic enforcement officers the general authority to confiscate motorists' driver's licenses.

The agency issued the statement after the City of Bacoor in Cavite on Wednesday issued a, “Clarification on Traffic Enforcement in Bacoor,” on social media.

“The City Government of Bacoor reminds the public that, pursuant to City Ordinance No. 11‑2019, Section 23 of the Revised Traffic Code, our traffic enforcers are duly authorized to confiscate driver’s licenses of motorists who violate traffic laws within the city,” the city announced on Facebook.

The Bacoor LGU said that “the recent Supreme Court ruling applies only to Metro Manila LGUs under the MMDA. Bacoor, being outside Metro Manila, continues to exercise its authority under the Local Government Code and its duly enacted ordinances.”

To which the LTO countered: “Existing administrative issuances from the (Department of Transportation) and the Department of the Interior and Local Government—including Joint Memorandum Circular No. 01, Series of 2008, issued by the former DOTC and DILG—acknowledge that traffic enforcers from local government units (LGUs) may issue citation tickets but lack the legal basis to confiscate motorists' driver's licenses.”

The LTO added it is urging all LGUs, traffic enforcement agencies, and motorists “to comply with existing laws and regulations to ensure the fair, orderly, and just enforcement of traffic laws nationwide.” —RF, GMA News