Legality of the confiscation of plates/drivers licenses

[FrankDrebin]

"Apprehensions outside Metro Manila are still governed by RA 4136, as amended by BP 398, that permit confiscation of licenses for traffic violations. However, with the subsequent enactment of RA 7924 in 1995 (which is subsequent to the decisions laid down in the Solicitor-General and the Gonong cases), it appears that law enforcement agencies operating within the scope of MMDA may now lawfully confiscate driver’s license for traffic violation."

"The answer to your question (DRIVER’S LICENSE CONFISCATION ILLEGAL?) is NO. To put it in the affirmative sense, the confiscation of driver’s licenses for violation of traffic rules and regulations in Metro Manila is LEGAL. This based on RA 7924 (otherwise known as AN ACT CREATING THE METROPOLITAN MANILA DEVELOPMENT AUTHORITY, DEFINING ITS POWERS AND FUNCTIONS, PROVIDING FUNDING THERE FOR AND FOR OTHER PURPOSES), promulgated by our Congress on July 25, 1994 and which became effective on March 1, 1995."

Now, on the matter of confiscation of license plates, Atty. Austria adds, "It is the humble opinion of this lawyer that the confiscation of license plates is still illegal under our laws and existing jurisprudence."


http://www.philstar.com/philstar/Bus...0403034006.htm

[FrankDrebin]

So illegal ba yung ginagawa ng LTO flying squad na nagcoconfiscate ng plate?

[FrankDrebin]

Pati yung smoke-belching ek-ek , confiscated ang plate mo, ano legal basis nila dun?

[mantoy]

alam ko illegal talaga pag-confiscate ng plate.

[Ungas]

Illegal nga, unless you want to spend more by filing appropriate cases to the court which will cost you more than simply paying the penalty.