Attorney Noel Del Prado sought to remind motorists during the program “Usapang de Campanilla” that subdivisions are not allowed to have you surrender your driver’s license upon entrance — contrary to popular practice.
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He explained that only Land Transportation Office (LTO) officials have the right to take and keep a driver’s license from its owner. This is according to Section 19 of Republic Act 4136 or Land Transportation and Traffic Code.
The Housing and Land Use Regulatory Board (HLURB) has a memorandum on this as well. Resolution 001 series of 2017 explicitly states that subdivisions are not permitted to take the licenses of entering motorists.
Section 12 of the resolutions states: “[It shall be prohibited] 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, the license issued by the Land Transportation Office.”
However, what subdivisions can do is ask motorists to leave any ID card with them for safety and security purposes.
Fines for the violation of this provision spans from P5,000 to P50,000.
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