Are security guards/traffic officers allowed to take your driver’s license?

So I get this frantic call from a friend. He has been pulled over for a traffic violation in Makati and they want to take his license away from him. Several hours later, another friend calls up; he’s been caught speeding on the NLEX. He asks the exact same question. The following morning, I get a text from a friend asking what his rights are when the security guards of a village he visited accidentally gave his license to another driver.

Rinse and repeat this scene on a weekly basis, and you’ll understand why I decided to save my friends some precious cellphone load and write this article once again; this time with feeling.

Honestly, next to: “What car should I buy?” the second most asked question I get as a motoring editor is: “Can the MAPSA/MMDA/toll patrol guys/village security guards really take my license?”

The short answer here is: No. Nobody, except the issuing body, has the right to take your license away. And even then, you are entitled to your day in court first.

So why then do they get away with it? Because we let them. And it needs to stop. Now.

Because just as a lie told often enough becomes the truth, a law broken enough times becomes legal––which loosely translated is anarchy. So before it does (if it already hasn’t) I asked my favorite lawyer ever (because he is the only one that doesn’t charge me for phone-in questions) Atty. Rod Vera, to explain it to us on my weekly podcast using very small words. He was so moved by the on-air question, he even wrote an article about it.

In his column on Manilaspeak.com, Atty Rod cites Republic Act 4136, which clearly shows us who can and cannot take your license away. “A driver’s license is a permit issued to us by the Philippine government granting us authorization to drive on roads and highways. Republic Act 4136 enacted back in 1964 created and empowered the Land Transportation Office (LTO) for the control of the operation of vehicles and licensing of drivers. Under the same law (Section 19), no person shall operate a motor vehicle without procuring a driver’s license. Likewise, all drivers MUST CARRY their license at ALL TIMES when operating a motor vehicle. Furthermore, in Section 56, driving without license a crime does make. Moreover, the LTO can only confiscate your license if you are in violation of a traffic rule (Section 29). Lastly, under Section 62, no city council can enforce a resolution or ordinance that is in conflict with the LTO law.”

It is so clear that even a committee could understand it. So let’s start with them first, shall we?

Village associations will argue that their developments are private property and they can choose who they allow in or out. True. But their perimeter walls do not grant them immunity from Republic Acts, or worse, force YOU to break the law.

“Private entities cannot choose what part of the law to enforce and not what to enforce. If village guards allow “unlicensed” adults to drive in the village, should they allow “unlicensed” minors to drive as well? And since we are in subject of selective violations, can the village association through the guards look the other way in other crimes? No village association is given any police power or legislative power. Also, village associations can only control their homeowners only through the power of a contract,” Atty. Rod goes on to explain in his column.

They will argue of course that they need to identify all visitors for our own security. Fair enough. But if that were true, then there shouldn’t be a problem with any government issued ID. Yet, no. That’s not how they roll.

Now what about the MAPSA and the tollway cops? This is where it gets tricky. Makati, as we all know, is an autonomous region, or so it would have us believe. But once again, you only need to read section 62 of RA 4136 for the answer. Or better yet, make it your ringtone: “No city council can enforce a resolution or ordinance that is in conflict with the LTO law.”

The tollway patrol has a better leg to stand on as they are deputized by the LTO, but again, how can they revoke your license without your right to a fair trial. They can say you’re speeding, and even show you the picture, but are you not innocent until proven guilty in a court of law? Since when has a traffic infringement been a non-bailable offense?

So the next time someone wants to take your license, ask them if they’re licensed to do so.