Are security guards/traffic officers allowed to take your
drivers license?
Atty Rod cites Republic Act 4136, which clearly shows us who can
and cannot take your license away. A drivers 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 drivers 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
lets 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 shouldnt be a problem with any government issued ID.
Yet, no. Thats 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 youre 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
theyre licensed to do so.
