License / Police

**dchky** · April 27th, 2008 08:03 PM

Hi, I'm an Australian living and working in the Philippines, have a question about the laws on confiscation of license. I've been driving cars here for a few years, yesterday I got myself a motorbike, clocked up a couple of hundred kilometres already - fun times, anyway... I also got pulled over for the very first time today.

My questions if you guys would be so kind as to help me out:

Who is lawfully allowed to confiscate a drivers license?

Are random (non-deputised, non-police, and sometimes non-uniformed) people allowed to take it, or can I refuse to hand it over.

My attorney told me the other day that only the police and certain uniformed people in and around Makati are allowed to do this, though being Australian, I really have no clue on the actual law - this guy is great in his field (immigration) though the law is something that seems to be applied differently by each person out on the streets :-)

Some background: Like I said, I've been driving here for quite a few years now, biking since yesterday, though today I was pulled over for the first time. The reason was a tad obnoxious and fully fabricated by the guy - swerving across lanes while idling along at 5kph locked behind a truck with another at my side - impossible to swerve, let alone be foolish enough to sneak down the middle or sides! Just minding my own business and bam, pull over dude.

I said WTF? (several times in fact) This happened in Tondo just near Smoky Mountain (Not the best place to ride, but my job takes me there at times) He said he was going to fine me 500 peso and confiscate my license, or that I could just pay him directly and the matter would be over. I told the guy to spell out the infraction exactly, swerving is not in the list of MMDA fines, and I did nothing wrong anyway. Spell it out or I will contest exactly what you have told me, then I will lay charges against you for extortion.

Mark my words kind sir, I have the money and the time to pursue it. Do you?

Anyway, he got all pissy, gave my license back and waved me on.

What I'm wondering about are my actual legal rights in such circumstances, and if these overweight and dirty failures are allowed to confiscate anything, let alone put a hand on my property.

Cheers. :-) Brendan.

**blacksun25** · April 28th, 2008 07:52 AM

hey brendan. i'm sorry to hear about your story. traffic enforcers, police, other uniformed officers will even "invent" violations just to extort money from poor motorists.

my advise to you is never give your license not unless there is a clear violation and always ask for the officer's name. there are certain cities here that have their own ordinances on motoring so it would be best to be aware of them.

you can log in to motorcyclephilippines.com for any advise and help regarding motorcycles, legal matters etc.

**1D4LV** · April 28th, 2008 08:03 AM

i'm sorry it happened to you. those things typically happens not just to foreigners but to locals as well.

as far as i know, the only people authorized to confiscate your license are the guys from the Land Transporation Office (LTO) only. the others may flag you down, but they can only issue traffic citation tickets. the others may have to get your license to jot down the details, but they would have to give back the license to you as well as your ticket. then you pay your ticket/citation and your license will be de-flagged.

**kiper** · April 29th, 2008 03:57 PM

to make it short..

your apprehending officer was just there for the money.

**Taurus** · May 1st, 2008 04:32 PM

Mark my words kind sir, I have the money and the time to pursue it. Do you?

That is the best solution

, you got him shocked and frightened.

**dchky** · May 6th, 2008 01:41 PM

Sorry for the long delay in my reply. Just want to say thanks :-) I had a little more information from both the Police and the LTO - turns out as you guys said, the law is that pretty much nobody is allowed to take your license other than the LTO and the Police under some circumstances. They did tell me that many regional districts may still take the license and force you to go pick it up from their local LTO / town hall / barangay / cardboard construction when you pay the fine, though they said this practise is against the law and they do it simply to force you to pay a bribe. blacksun25, they definitely told me that each area can have their own local laws and ordinances, so when out riding in the country they said try and get familiar with their local nuances. On a more amusing note, they did tell me when riding around that it's best just to avoid eye contact with the enforcers, or get a dark tinted visor and simply keep going :-) I don't think I'll be doing that, but interesting advice none the less from Government officials. Cheers. Brendan.

**ferrari_joms** · July 3rd, 2008 09:27 PM

good day to u bro im joms stay her in baguio city .. just ading answer to your problem .. the only person is the pulis , tmg , l.t.o , other is only depuitize.. but what happen to you is only a KUTONG

its a lot there in manila ... better if happen again and you know its not happen and he force u to give your driver lisence you give it and the dont sign it insted you sign INPROTEST hope it myt help you

Originally Posted by dchky

Hi, I'm an Australian living and working in the Philippines, have a question about the laws on confiscation of license. I've been driving cars here for a few years, yesterday I got myself a motorbike, clocked up a couple of hundred kilometres already - fun times, anyway... I also got pulled over for the very first time today.

My questions if you guys would be so kind as to help me out:

Who is lawfully allowed to confiscate a drivers license?

Are random (non-deputised, non-police, and sometimes non-uniformed) people allowed to take it, or can I refuse to hand it over.

My attorney told me the other day that only the police and certain uniformed people in and around Makati are allowed to do this, though being Australian, I really have no clue on the actual law - this guy is great in his field (immigration) though the law is something that seems to be applied differently by each person out on the streets :-)

Some background: Like I said, I've been driving here for quite a few years now, biking since yesterday, though today I was pulled over for the first time. The reason was a tad obnoxious and fully fabricated by the guy - swerving across lanes while idling along at 5kph locked behind a truck with another at my side - impossible to swerve, let alone be foolish enough to sneak down the middle or sides! Just minding my own business and bam, pull over dude.

I said WTF? (several times in fact) This happened in Tondo just near Smoky Mountain (Not the best place to ride, but my job takes me there at times) He said he was going to fine me 500 peso and confiscate my license, or that I could just pay him directly and the matter would be over. I told the guy to spell out the infraction exactly, swerving is not in the list of MMDA fines, and I did nothing wrong anyway. Spell it out or I will contest exactly what you have told me, then I will lay charges against you for extortion.

Mark my words kind sir, I have the money and the time to pursue it. Do you?

Anyway, he got all pissy, gave my license back and waved me on.

What I'm wondering about are my actual legal rights in such circumstances, and if these overweight and dirty failures are allowed to confiscate anything, let alone put a hand on my property.

Cheers. :-) Brendan.