Confiscation of Driver's Licenses : Who is authorized? Who's not?

[hammerhead]

The Legal Basis of the Confiscation of Driver's Licenses for Traffic Violations

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REFERENCE AND RESEARCH BUREAU
LEGISLATIVE RESEARCH SERVICE

I. PROVISIONS OF LAW GOVERNING THE CONFISCATION OF
DRIVER'S LICENSES
A. Sec. 29, Art. I, Chapter III, Republic Act No. 4136, as Amended
Sec. 29, Art. I, Chapter II of Republic Act No. 4136, as Amended,
otherwise known as the "Land Transportation and Traffic Code," provides for the
authority of law enforcers to confiscate driver's licenses for traffic violations.
Said provision reads:
"Sec. 29. Confiscation of driver's license. - Law
enforcement and peace officers of other agencies duly deputized
by the Director shall, in apprehending a driver for any violation of
this Act or of any regulations issued pursuant thereto, or of local
traffic rules and regulations not contrary to any provisions of this
Act, confiscate the license of the driver concerned and issue a
receipt prescribed and issued by the Bureau therefor which shall
authorize the driver to operate a motor vehicle for a period not
exceeding seventy-two hours from the time and date of issue of
said receipt. The period so fixed in the receipt shall not be
extended, and shall become invalid thereafter. Failure of the driver
to settle his case within fifteen (15) days from the date of
apprehension will be a ground for the suspension and/or revocation
of his license."
2
B. Sec. 5(f), Republic Act No. 7924
Sec. 5(f), Republic Act No. 7924 creating the Metro Manila Development
Authority (MMDA), provides for the authority of Metro Manila traffic enforcers
to confiscate driver's licenses for traffic violations. Said provision reads in part:
"Sec. 5. Functions and Powers of the Metro Manila
Development Authority. - The MMDA shall:
"x x x . . .
"(f) Install and administer a single ticketing system, fix,
impose and collect fines and penalties for all kinds of violations of
traffic rules and regulations, whether moving or non-moving in
nature, and confiscate and suspend or revoke drivers' licenses in
the enforcement of such traffic laws and regulations. x x x."
II. PRESENT STATUS*
Presently, by virtue of Sec. 29 of Republic Act No. 4136 and Sec. 5(f) of
Republic Act No. 7924, the standard operating procedure in cases of traffic violation, is
for the traffic enforcers or officers to confiscate the driver's license of the offending party
(violator) and simultaneously issue a Traffic Violation Receipt (TVR), which serves as a
Temporary Operator's Permit (TOP) with a validity of 72 hours, within which the erring
driver is to pay the corresponding fine and redeem his license.
Fines and penalties are based on Department Order No. 93-693 entitled "Revised
Schedule of Administrative Fees and Charges of the Land Transportation Office (LTO)."
(ANNEX "A")
Definition, scope and legal structure of adjudication of traffic violations are based
on Memorandum Circular No. 89-105 entitled "Penalties for and Jurisdiction Over
Violations of Laws, Rules and Regulations Governing Land Transportation and the Legal
Structure for Adjudication." (ANNEX "B")
However, in the Metro Manila area, the Metro Manila Development Authority
(MMDA) imposes fines for traffic violations based on a MMDA schedule of fines and
penalties. (ANNEX "C")
TRANSPORTATION: CONFISCATION OF DRIVER'S LICENSES
RRB/LRS
RHAB/CVA/mti
2.19.03
* Atty. Fernando Em, Director, Traffic Adjudication Unit, Land Transportation Office (LTO), February 13,
2003.

[hammerhead]

Presidential Decree 1605 (You can see links before reply)

G.R. No. 91023 (July 13, 1990) (You can see links before reply)

G.R. No. 102782 (December 11, 1991) (You can see links before reply)

[vits]

Manila Times

Don't surrender license, drivers told


Drivers who violate traffic rules will no longer be required to
surrender their licenses by the end of the month, the Metropolitan Manila
Development Authority said on Saturday.

Instead, drivers are free to go as soon as they are issued traffic
violation receipts.

The new system is part of the MMDA's "no contact apprehension" program
designed to enforce the traffic rules without obstructing the flow of
traffic.

Executive Director Angelito Vergel De dios, chief of the MMDA-Traffic
Operation Center (TOC) said the new system would be implemented before
the
end of the month.

Under the scheme all drivers both private and public that committed a
traffic offence will just be issued a TVR without confiscating their
driver's license and they will just pay the corresponding fines in any
Metrobank branches nationwide.

MMDA acting chairman Cesar Lacuna appealed to all drivers who have been
issued traffic citation receipts to settle their unpaid fines to avoid
further inconvenience.

Lacuna said if the traffic offender failed to pay the corresponding
fines on
the date specified in their TVRs they will have to pay additional fines
plus their vehicles will not be allowed by the Land Transportation to be
registered.
--Jefferson Antiporda

[oj88]

Sounds promising..... but quite useless if enforcement is weak. Now that a third-party is involved (the bank), corruption should go down dramatically. Furthermore, drivers don't have to do the run-around at the MMDA to retrieve their license. Sometimes, (though not an excuse) it's the red tape that compels some drivers to bribe the arresting officer in the first place.

[wrong wolf]

its about time they did this. lets just hope that enforcement is not weak or that it is not ningas kugon. like any good idea, regulation, or law, if it is not enforced properly it becomes useless.

[elaz]

Well if the cops still have to pass TVR hand to hand..... then there is still contact....then there is still negotiations.....then there still red tape :D

Im I right?

[wrong wolf]

yup. lalo na pag medyo malaki kelangan bayaran. kung makakatipid sa negosasyon e.... alam mo naman pinoy... :rolleyes:

[miggyblue25]

why cant we take this on a positive note? if everybody 'thinks' that this going to be useless with poor implementation, its because it doesnt only come with the people in uniform. we as responsible drivers should also start accepting our faults, our violations, and let us pay for them. no matter how much it cost us, its OUR fault in the first place. kaya ako.. pag nahuli, sige tiketan mo na lang.. tapos. :)

the DIFFERENCE is YOU!

[chrisjo]

well, if we want to stop kotong - that has to start from us motorists (cagers and riders). you yourself know if you have committed a traffic violation.

i was just wondering why it has to be metrobank and not landbank - the government's bank....to avoid the lines? wouldn't it be better if they could also pay thru the ATMs - that way, you have no excuse in not paying your TVRs.

this no-contact scheme is just one side of the picture. i think they should re-assess their salary scheme to the cops and MMDA personnel also.

just my opinion...

Þ Chris-jo

[barraw]

guys,
anyone can elaborate what's a "NO CONTACT APPREHENSION" is?

[Jumbing]

We have to start somewhere. I think the LTO have better computer systems which can track violations and unpaid tickets on such violations. This is why traffic enforcers need not confiscate your license anymore. The new system/implementation might not be perfect but at least it is a step towards reducing corruption on the road. :)

[Jumbing]

guys,
anyone can elaborate what's a "NO CONTACT APPREHENSION" is?

If I'm not mistaken.... its like when you are driving overseas, you go above the speed limit, and suddenly you see a flash coming from a radar gun. Two days later you receive your ticket in the mail. You pay your ticket at any authorized collection outlets, atms, phone, internet etc... If you dont pay, you wont be able to renew your driving license and/or the annual registration of your bike/cage. All this time there was "no contact" with a law enforcement official.

Ride Safe Bro

[elgatonegro]

magandang idea yan pero hindi mo maiiwasan ang "RED TAPE" hangga't wala silang kinakatakutang KINAUUKULAN o PARUSA !!! :rolleyes:

[sealander]

Ever since i have wondered why they have to take our license. Once i was caught using the yellow lane. The cop took my license and i had to retreive it at port area. I was there 9am. To my disgust my name was called at 11:30am. the funny thing is they were giving me the wrong license which belonged to my cousin who was a girl..imagine i have a man's name..MGA BOBO TALAGA..so paano nyo maalis ang bribery kung ganyan ka TANGA mga tao dun..

[Wing 1]

Is the PNCC independent from the MMDA? They are, right?

If so, will this "no contact/no surrendering of license" applicable inside the expressways? Will the PNCC goons still confiscate your license? Or will they just issue a ticket and let you keep the license?

[RBS_Cairns]

i was just wondering why it has to be metrobank and not landbank - the government's bank....to avoid the lines? Chris-jo

Because MetroBank has secure internet banking that allows you to pay your fines from anywhere in the world.

Richard
Cairns, Australia

[bemps]

Manila Times
Don't surrender license, drivers told
Lacuna said if the traffic offender failed to pay the corresponding
fines on
the date specified in their TVRs they will have to pay additional fines
plus their vehicles will not be allowed by the Land Transportation to be
registered.
--Jefferson Antiporda


How about this, If a fellow was issued a ticket due to a traffic violation, and he is using a borrowed Bike or car, will the plate of this vehicle be written also in the ticket? and if the said fellow did not pay the fine,and worst did not tell the real owner of the vehicle what happened, the unaware real owner might suffer the consequences. Is there protection from this?

sorry guys, if this looks like a college problem solving test.
and I know better not to lend my bike to anyone, but this things happen.

[jeff_o]

how about this? lotsa traffic enforcers apprehend motorist for violations that they did not commit. there is this term "under protest" because the motorist believes that he/she did not commit the violation, it's just that traffic enforcers sometimes misjudge the motorist's actions and sometimes they just apprehend with ridiculous basis (it happened to me way back). In that case how are we suppose to fight for our rights if they just go on issuing us tickets all the time?

[elgatonegro]

how about this, last month I saw a messenger w/his bike arguing w/MMDA traffic enforcer. :argue: I ask the messenger about his problem and he said that he was just looking his way going to his destination. when he approach a MMDA traffic enforcer to ask some details...he was shocked :S when that traffic enforcer ask for his license. you know the violation is ??? " ONE WAY ". how that can be inspite he is not entering a one way street ?! :rolleyes:

just a thought...some traffic enforcers can be "PSYCHICS"! co'z they usually invents a traffic violations! :)

[Jo A.]

how about this, last month I saw a messenger w/his bike arguing w/MMDA traffic enforcer. :argue: I ask the messenger about his problem and he said that he was just looking his way going to his destination. when he approach a MMDA traffic enforcer to ask some details...he was shocked :S when that traffic enforcer ask for his license. you know the violation is ??? " ONE WAY ". how that can be inspite he is not entering a one way street ?! :rolleyes:

just a thought...some traffic enforcers can be "PSYCHICS"! co'z they usually invents a traffic violations! :)

I carry a list of all the possible traffic violation along with the fines around on my bike to avoid any dumb cops on the road.

Back to Topic:

This new scheme would be very nice if it were implemented strictly. I wonder how the US implements it. What system would they have for skippers(people who refuse to pay)? How would they catch them again.

Filipinos have the attitude of taking advantage of many ways to get away from the hassles. So, if the MMDA can't track violators down then nobody will be paying for the ticket, rather violators would just throw it in the trash after being given one.

The No Contact scheme looks promising if implemented correctly.
I would welcome this system with open arms! I just hope fellow Filipinos would too. :punk:

[miggyblue25]

.. this one really going to be tough one for the govt in terms of implementation. i dont have any idea of how this system will work here with so many questions than answers. FIRST, the "no-contact apprehension" is really not "no-contact", coz i believe you still have to get personally your tvr from the officer upon violation, and this "contact" will again give us some good oppurtunity. unlike overseas, they have cameras everywhere with zooms to get plate numbers... SECOND, if your violation ticket will be coming along in your mail box, i presume that you havent transfer from your old house, otherwise, you wouldnt be aware you have had violation. THIRD, i believe this "no-contact apprehension" is based on plate numbers and not by driver's license. but here in the philippines, our bike/car's registration is not directly associated with a driver's license. we let other people drive our bike/car, and we drive other people's car. eewww! anybody can point me to a link how's this going to work? probably a link from the govt?

[miggyblue25]

I carry a list of all the possible traffic violation along with the fines around on my bike to avoid any dumb cops on the road.

Back to Topic:

This new scheme would be very nice if it were implemented strictly. I wonder how the US implements it. What system would they have for skippers(people who refuse to pay)? How would they catch them again.

Filipinos have the attitude of taking advantage of many ways to get away from the hassles. So, if the MMDA can't track violators down then nobody will be paying for the ticket, rather violators would just throw it in the trash after being given one.

The No Contact scheme looks promising if implemented correctly.
I would welcome this system with open arms! I just hope fellow Filipinos would too. :punk:


can i have the copy of that list? im a newbie rider and i think that will help me avoid more violations.. :) thanks. if you have a link, the better.. if its a file.. kindly send it to [email protected]

[sinski_toybikes]

I think this new scheme will not benefit anyone of us! sadly the officials should really take a moment to study further more about this new scheme. for sure you guys are all ryt about the suggestions BUT Y? THE HELL! HINDI NAIISIP NG MGA MMDA,LTO ANG NAIISIP NATIN. its becoz they now they will have a big catch,on this scheme.coz they close there eyes when implementing this new law. ang galing they get the benefit and we motorist unfortunately have to suffer. sometimes i was apprehended without any violation not even the police know what he his flaging me down for. and arguing with this cop doesnt prove any,coz he his always ryt! so 1st thing they have to do is to educate cops about proper driving vioation.

[elaz]

Gee, If the non contact trafic apprehension is base on Plate No. how about those untransfered names of 2nd hand cars? Would it mean TVR always falling on the 1st owner :(

[miggyblue25]

... and the list.. goes on.. :( we just hope we have some members here from LTO to explain... o baka naman, gawa gawa lang balita na yan??

[Bogchi]

can i have the copy of that list? im a newbie rider and i think that will help me avoid more violations.. :) thanks. if you have a link, the better.. if its a file.. kindly send it to [email protected]

You can see links before reply

[miggyblue25]

.. thanks bogchi! :banana:

[Frank Woolf]

Maybe this is useful:

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[elgatonegro]

Maybe this is useful:

You can see links before reply

thx sir frank. :cheers:

[jefman04]

masaya na rin siguro, dahil atleast you will still have yer license w/ you.sana lang honest yung mga mmda o pulis. and tama kayo, panu nga naman yung mga nasa iba yung pangalan ng plaka?cguro dapat hingiin pa rin yung license nung may kaso.just for verification (address,name,etc).tapos dapat na rin cguro maging honest yung nahuli sun sa hiniraman nya.tapos syempre, kung lahat ito ay dahil to prevent traffic,dapat mabilis gumala yung nang huli.

[elgatonegro]

were hoping for the best to our country but as long there is still drivers that gives money to protect them from any violation...there will never be lots of police officers will take advantage of it! :(

[FORZA]

Does this only work (the non surrender of D.L.'s) if you get caught & get a ticket by a MMDA or does it apply to all traffic enforcement agency such as TMG, LTO Flying Squad, etc..... Thanks!!

[bobscooters]

MMDA cannot enforce traffic rules without valid law..,means to say they cannot confiscate drivers license??

[mythus]

hello bob,

can you qualify your statement pls?

are you questioning the legality of their existence or just trying out to draw the line of their responsibilities?

we need to validate our claims also..


peace.


mythus

[nano_zpeed]

i think it is more apt to say that they can enforce traffic laws and regulations but they cannot implement regulations and ordinances since they are not a lawmaking body..

halimbawa, ang isang street gawing one way ng mayor ng city, then they are the ones who needs to enforce it and make sure that motorists follow.. nde sila yung pwde mag declare na ang isang street is one way... IMHO.

[James Mirasol]

Gentlemen,

The Supreme COurt just ruled that the MMDA has no police powers. Some are interpretting this to mean that they cannot issue TVRs and/or confiscate licenses.

The MMDA counters that they have not confiscated licenses for over a year now when issuing TVRs and that they are deputized by the PNP, hence they are empowered with to make apprehensions.

[Hardliner]

i think the SC has also stopped MMDA to confiscate the driver's licenses but not issuance of TVRs. so they can still apprehend you for violating a traffic regulation and issue you a TVR.

[nirvana]

Although the SC ruled out that MMDA has no power to implement police powers. i think no comment on that matter as long you are a good follower. :) obey all road signs regulations and surely 1001 % your license will not be confiscated by law enforcers such as MMDA etch..

[dexterslab69]

One more thing, only persons that are deputized by MMDA can apprehend you for traffic violations. No other entity, whether a man with big belly dress in police uniform or a security guard riding a MC without helmet, can flag you down for disobeying traffic regulations.

[James Mirasol]

Correction: It is actually the other way around. The MMDA draws its police powers by virtue of its deputization from the PNP. Not the other way around.

[bobscooters]

hello bob,

can you qualify your statement pls?

are you questioning the legality of their existence or just trying out to draw the line of their responsibilities?

we need to validate our claims also..


peace.


mythus

no sir!,im not questioning about their existence.,just asking lang po if they can still confiscate license??,no offense ha!kasi some MMDA medyo abuso at hirap paki usapan!, pero its good na nandyan din sila at lease medyo takot yung ibang reckless drivers..peace po sa inyong lahat!!

[gadalej]

i guess tama si james mirasol. :) i 4got na e. pero there was a case decided by the supreme court that says mmda has no authority to confiscate them, coz it would violate the right to property. :) so issuing some ty papers i believe would be of no violation dba?

[®iChIe]

But why is it in Makati, Traffic Officers confiscate licenses? This Monday I had to make a quick U-turn around Ayala, one of the TO's waved at me and I approached him, he said that he will confiscate my license and shown me the manual for such law in Makati, and I have to pay P500 in Makati City Hall to get my license back. Why is there such a law in Makati City? The TO said, not only in Makati but also on Mandaluyong, Pasig, etc.

In Cainta, I was issued a ticket because my backride had no helmet on, but the MMDA officer only issued me a ticket and to pay P150 only at any Metrobank branch. He did not confiscate my license.

Why in Makati????

[The Growler]

My quick guess is he's looking for a bribe and feeding you BS.

A Supreme Court ruling is exactly that, it over-rides all other existing practices.

[gadalej]

bro, kc iba ung mmda sa mga local police. ung 150 na babayaran sa metrobank, naencounter ko na, pero binigyan ko ng 60, sabi ko, manong baka pwde "ipabayad" ko na lang sa inyo ung violation. :)

agen, mmda is different from d local police. basta bro, wag lang magkakamali sa marikina, mejo iba ung rules dun. walang ticket, dalhin sa precint, tapos gawa ng report, tapos bayad. parang criminal nga ang dating e. hehe

[kophronald]

Mga bro! Sino lang ba talaga ang pwedeng mag confiscate ng drivers license? Kasi minsan kahit traffic aid pilit kinukuha ang license....

[houndcat]

ang mmda, hindi puede mag-confiscate ng license. nag-issue lang sila ng ticket.

pero ang mga local traffice enforcers (meaning, mga deputized nang locality), nag-confiscate sila. i was apprehended last december sa quezon city, i had to claim my license sa may kalayaan, beside quezon city hall.

[K2Dplaytime]

is it ok not to give ur license to MMDA or Police unless you already know what violation youve done??? pra kcng not fair na kukunin muna ung lisensya mo then hahanapan k ng mga pdeng i kaso sau.whats ur comment about this guys?????:?

[JunYCZ]

is it ok not to give ur license to MMDA or Police unless you already know what violation youve done??? pra kcng not fair na kukunin muna ung lisensya mo then hahanapan k ng mga pdeng i kaso sau.whats ur comment about this guys?????:?
tanong mo muna kung ano ang violation mo, bago ibigay ang license, kasi pag hawak nya na ang license mo, pede nya ng ilagay kahit anong violation sa ticket mo!:D

[Wills_McLaren]

ako .. di ko aabot hanggat di maliwanag na sinasabi kung anong dahilan at kukunin nya ang license ko.