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Under section 19 of Republic Act 4136 or the Land Transportation and Traffic Code, it is clear from the start that under this law says, “Except as otherwise specifically provided in this Act, it shall be unlawful for any person to operate a motor vehicle without having in his possession a valid driver’s license to drive a motor vehicle.”
“A driver’s license is the privilege granted to a person who has all the qualifications to secure one. A driver’s license card is a tangible proof of such privilege which must be carried by the drivers at all times while operating a motor vehicle.”
That only means one thing. Motorists visiting villages or subdivisions need not to surrender their driver’s license to security guards manning their gates or outposts.
Police Col. Sidney Villaflor, acting chief of the Philippine National Police (PNP) Supervisory Office on Security and Investigation Agencies, issued a memorandum regarding this frequent practice, which is directed to all private security agencies, detective agencies, security training institutions, government guard units, company guard forces, and other concerned security groups.
The memorandum, dated June 15, states that village security guards must not require and take the driver’s license of visiting motorists before entering the premises as an internal rule by home owners associations.
“Pursuant to reference 1a, the power to secure and/or confiscate drivers’ licenses are lodged under the capacity of the Land Transportation Office personnel, and others who are duly deputized by the said agency,” Villaflor said in the memorandum, referring to Republic Act 4136 or the Act to Compile the Laws Relative to Land Transportation and Traffic Rules to create a Land Transportation Commission and for Other Purposes.
In pursuant to Housing and Land Use Regulatory Board Administrative Order No. 03 series of 2017, homeowners associations and security guards of subdivisions are likewise not authorized by traffic laws to take custody, even temporarily, the license issued by the LTO, according to Villaflor.
“In lieu thereof, the drivers of vehicles entering these properties may present any valid government-issued identification cards to said security guards. Likewise, said security guards are reminded to uphold their professional conduct and ethics and be courteous to everyone,” he said.
Instead of driver’s license, the driver of the vehicle entering the premises may surrender any government IDs that bears his or her name.
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