Requiring a visitor of a subdivision to surrender driver’s license

Dear PAO,
Last month, I visited my friend who lives in a subdivision. Upon entering the subdivision gate, the security guard on duty asked for my driver’s license.
I showed my license but refused to surrender it because of a similar incident in the past where my driver’s license was given to a different person. It caused me inconvenience since I had to secure a replacement.
I offered to give my other government-issued IDs instead, but the security guard refused to accept it because, according to him, they are enforcing strict regulations in that subdivision. I would like to know if their regulation is valid.

Sammy
Dear Sammy,

Please be informed that Section 29 of Republic Act 4136, otherwise known as the “Land Transportation and Traffic Code,” provides:
“Section 29. Confiscation of driver’s licenses. – Law enforcement and peace officers duly designated by the Commissioner shall, in apprehending any driver for violations of this Act or of any regulations issued pursuant thereto, or of local traffic rules and regulations, confiscate the license of the driver concerned and issue a receipt prescribed and issued by the Commission therefor which shall authorize the driver to operate a motor vehicle for a period not exceeding seventy-two hours from the time and date of issue of said receipt. The period so fixed in the receipt shall not be extended, and shall become invalid thereafter. Failure of the driver to settle his case within fifteen days from the date of apprehension will cause suspension and revocation of his license…xxx”
Further, Section 12 of Resolution 001 Series of 2017 dated March 8, 2017 of the Housing and Land Use Regulatory Board (HLURB) Executive Committee provides:
“Section 12. Proscribed Acts. – It shall be prohibited:

“12.1. To require the driver of any vehicle entering the subdivision or condominium to surrender his/her driver’s license. The association is not authorized under the traffic laws to take custody, even on a temporary basis, of the license issued by the Land Transportation Office.” (Emphasis supplied)

Pursuant to the aforementioned provision of the law, the authority to confiscate or, in any manner, take custody of a driver’s license issued in the Philippines, is lodged with the Land Transportation Commission (now the Land Transportation Office [LTO]). Being the government agency authorized to confiscate or take custody of a driver’s license, only the appropriate LTO personnel, or its deputized agents may exercise the same authority.
In this regard, and in accordance with the afore-quoted resolution of the HLURB, a homeowners’ association is devoid of authority to require any person to surrender his/her driver’s license, as a condition for ingress within the premises. While the association may impose rules for the orderly administration and security of the subdivision property, such rules cannot go beyond what the law and rules restrict.
Thus, the association in your friend’s subdivision may require the presentation of a visitor’s identification document, including a driver’s license, but is not allowed to take custody thereof, even on a temporary basis. Note that administrative sanctions may be imposed on the homeowner’s association and its concerned officials, employees, or members for violating the above rule.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]