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Verified Tsikot Member
- Join Date
- Apr 2010
- Posts
- 71
April 3rd, 2015 09:50 PM #1Hi, just want to be enlightened, if traffic enforcers are allowed to get our licenses for just plain traffic violations?
In my knowledge, the only one who has the authority to confiscate licenses are LTO. And traffic enforcers can only get our license if we are involved in an accident. Correct me if Im wrong. Thank you
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April 3rd, 2015 10:00 PM #2
In an ideal world, that's what should happen. But the reality is that each city acts as if they're an independent kingdom and authorizes their traffic management guys to get your license even for simple violations. You will then have to claim it from the city hall/traffic management office of where you were apprehended.
Automotive journalist James Deakin has an interesting and informative bit on this topic:
Who is allowed to confiscate my license? | James Deakin | Philippine Car News, Reviews and Motorsports
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BANNED BANNED BANNED
- Join Date
- Jan 2015
- Posts
- 4,580
April 5th, 2015 01:36 AM #3YES, (unlike MMDA TEs) traffic enforcers of LGUs do have authority to confiscate driver's license for traffic violations. This is settled in MMDA vs. Garin (G.R. No. 130230, Apr. 15, 2005), where the High Court said:*
"Our Congress delegated police power to the LGUs in the Local Government Code of 1991. A local government is a "political subdivision of a nation or state which is constituted by law and has substantial control of local affairs." Local government units are the provinces, cities, municipalities and barangays, which exercise police power through their respective legislative bodies."
And, under Article 8 of the Civil Code, Supreme Court decisions interpreting what the law is shall form part of the law of the land.
LGUs, thru their traffic enforcers, have the authority to confiscate driver's license, NOT because they are "imperium in imperio" but because they have been granted delegated police power thru their respective sanggunians by virtue of RA 7160.
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