LTO: Traffic enforcers barred from confiscating licenses

MANILA, Philippines — The Land Transportation Office (LTO) on Thursday reiterated that local government traffic enforcers cannot confiscate a motorist’s driver’s license, refuting a recent claim made by the Bacoor City government in Cavite.

The agency said existing rules limit LGU traffic enforcers to issuing citation tickets, noting that they have no legal authority to take possession of drivers’ licenses.

The agency noted that it is “currently implementing Memorandum Circular No. 001-2026 of the Department of Transportation (DOTr), which establishes the policy that prohibits the confiscation of a driver’s license at the moment of apprehension.”

“In compliance with the order, law enforcement officers deputized by the LTO have temporarily stopped the confiscation of driver’s licenses of motorists that violate traffic laws,” LTO said.

It also pointed out that administrative issuances from the DOTr and Department of the Interior and Local Government, including Joint Memorandum Circular No. 01 issued in 2008, recognize that traffic enforcers of LGUs may issue citation tickets but cannot confiscate driver’s licenses.

Bacoor ordinance

The LTO also cited jurisprudence by the Supreme Court which does not give traffic enforcers the authority to confiscate driver’s licenses.

“The LTO continues to encourage all LGUs, traffic enforcement agencies and motorists to follow existing laws and regulations to ensure the equal, orderly, and fair implementation of traffic rules across the country,” the agency said.

LTO made the clarification following a statement from the Bacoor city government reminding residents that its traffic enforcers are [duly authorized to confiscate driver’s licenses of motorists who violate traffic laws within the city” under City Ordinance No. 11‑2019.

“This measure ensures order, safety, and discipline on our roads. We encourage everyone to comply with traffic regulations for the welfare of all Bacooreños,” the city said in a statement posted on Facebook on July 29.

The Bacoor LGU added that it is exempted from implementing a 2024 Supreme Court ruling which declared that the Metropolitan Manila Development Authority (MMDA) has exclusive authority in enforcing traffic rules, noting that the city is located outside Metro Manila.

In the ruling, the high court ordered LGUs in Metro Manila to stop the enforcement of ordinances authorizing traffic enforcers to confiscate driver’s licenses and issue violation receipts, saying they may only participate in such functions when deputized by the MMDA.

“Bacoor, being outside Metro Manila, continues to exercise its authority under the Local Government Code and its duly enacted ordinances,” the city said.

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