Dear Atty. Kathy,

I was recently driving through a city in Metro Manila when a traffic enforcer of the said local government unit stopped me for a number of traffic violations he said I committed. According to the traffic enforcer, in addition to the fine for my traffic violations, he will have to confiscate my driver's license. My husband told me before that LGU traffic enforcers are not allowed to confiscate licenses. So I asked the traffic enforcer for a copy of the rule that says that he can confiscate my driver's license. However, he could not show me any rules and just kept referring to the traffic ticket he was issuing to me, telling me to claim my license at the city hall. Are traffic enforcers of the LGU allowed to confiscate driver's licenses?

Willow

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Dear Willow,

Traffic enforcers of the LGU are not allowed to confiscate drivers' licenses.

Department of the Interior and Local Government Memorandum dated 14 September 2022 — Reiteration of Pertinent Provisions on Road Safety and Transportation, provides:

"To continuously ensure compliance to laws and policies, particularly, on road safety and transportation, the following provision of the DILG-DoTC Joint Memorandum Circular (JMC) No. 01, s. 2008, with subject, Guidelines in the Review of Local Ordinances, Orders, Rules and Regulations Concerning Public Transportation, is hereby reiterated:"

"3.4 On the Issuance of Traffic Citation Tickets — The LGUs can issue traffic citation tickets but only the LTO and their deputized agents can confiscate drivers' licenses. Further, local government units are directed to review their ordinances, orders, and local policies, to ensure conformity and compliance with the said provision and with the entirety of the above-cited JMC."

"All DILG Regional Directors are directed to cause the widest and immediate dissemination of this Memorandum in their areas of responsibility and to ensure LGUs' compliance herewith. For guidance and compliance of all concerned."