The dispute over whether local government traffic enforcers may confiscate motorists’ driver’s licenses continues, with the City Government of Bacoor and the Land Transportation Office (LTO) standing by opposing interpretations of existing laws and regulations.
The issue began after Bacoor issued an official statement on July 29 defending its authority to confiscate driver’s licenses under City Ordinance No. 11-2019, particularly Section 23 of the city’s Revised Traffic Code.
According to the city government, its traffic enforcers remain authorized to confiscate licenses from motorists who violate traffic laws within Bacoor. The city also argued that the recent Supreme Court ruling cited in discussions applies only to local government units in Metro Manila operating under the Metropolitan Manila Development Authority (MMDA).
Bacoor maintained that, as a local government unit in Cavite, it continues to exercise its authority under the Local Government Code and its own duly enacted ordinances.
“The City Government of Bacoor reminds the public that, pursuant to City Ordinance No. 11-2019, Section 23 of the Revised Traffic Code, our traffic enforcers are duly authorized to confiscate driver’s licenses of motorists who violate traffic laws within the city,” the statement read.
The city added that the measure is intended to promote order, safety, and discipline on its roads while encouraging motorists to comply with traffic regulations.
However, the LTO has since responded with its own official clarification, reiterating that it is currently implementing Department of Transportation (DOTr) Memorandum Circular No. 001-2026, which establishes a policy against the confiscation of driver’s licenses during traffic apprehensions.
The agency explained that, in compliance with the memorandum, even law enforcement officers deputized by the LTO are temporarily prohibited from confiscating motorists’ driver’s licenses during apprehensions.
The LTO also emphasized that existing Supreme Court jurisprudence does not provide traffic enforcement officers with a general authority to confiscate driver’s licenses. It further cited existing administrative issuances of the DOTr and the Department of the Interior and Local Government (DILG), including Joint Memorandum Circular No. 01, Series of 2008, which states that local government unit traffic enforcers may issue citation tickets but have no legal basis to confiscate motorists’ licenses.
The agency urged all local government units, traffic enforcement agencies, and motorists to comply with existing laws and regulations to ensure fair, orderly, and consistent traffic enforcement nationwide.
The differing positions have created uncertainty for motorists, particularly those passing through Bacoor. While the city continues to rely on its local ordinance as the legal basis for license confiscation, the LTO maintains that national policies and administrative issuances prohibit the practice.
As of writing, no court has specifically ruled on the apparent conflict between Bacoor’s ordinance and the LTO’s interpretation of national laws and regulations.
Autocar’s Take
The latest developments surrounding the Bacoor traffic license confiscation issue show why consistency in traffic enforcement matters. Bacoor believes its local ordinance gives traffic enforcers the authority to confiscate driver’s licenses, while the LTO points to national policies and longstanding administrative rules that say otherwise. Both sides cite legal grounds, but motorists are ultimately the ones left uncertain about what to expect during an apprehension. Until lawmakers or the courts provide a definitive interpretation, the conflicting positions are likely to persist.
