DILG’s license confiscation memo cited amid viral TikTok video questioning Makati traffic officers’ authority

November 29, 2022 - 8:23 PM
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Makati City

Who is authorized to confiscate licenses?

This question was once again raised online after a circulating video showed a woman arguing with a local government unit officer who wants to confiscate driver’s licenses.

The nearly two-minute footage was uploaded by a TikTok content creator with username @teejmmp.

She placed a text that reads: “Makati LGU, turuan iyo sumagot mga tanod niyo!”

The caption also reads: “Kung mali ako, magaapologize ako!”

@teejmmpKung mali ako, magaapologize ako!♬ original sound – T E E J

The video showed that three traffic enforcers of Makati City who were confiscating two driver’s licenses.

The uploader was also asking the traffic enforcer why he and other accompanying officers were confiscating the licenses.

She then cited the memorandum of the Department of Interior and Local Government that stated only deputized agents of the Land Transportation Office are authorized to confiscate licenses.

RELATED: Suggestions as DILG reiterates policy on driver’s license confiscation 

“Kuya, with all due respect, question. In terms of licenses, si DILG naglabas. So sinasabi ninyo nasa court order ang Makati? Nasa court order kung susunod kayo o hindi?” the content creator asked.

The officer she confronted tried to explain that the policy in Makati City is different from the DILG order.

“I-aano pa yan sa korte kasi po pareho pong batas na yan e,” he said.

The uploader further asked the latter if Makati City is not following DILG’s order.

The officer did not directly respond to the question. Instead, he said that what they are following are Makati City’s own traffic policies.

As of writing, the video has garnered over two million views, 100,000 likes and 1,781 shares on the video-sharing service.

The comments section, meanwhile, was filled with mixed reactions from TikTok users.

Some Filipinos cheered the content creator for how she confronted the officers.

Others got confused about the government agency authorized to confiscate driver’s licenses.

TikTok content creator @teejmmp later released two videos where she detailed that her Grab driver and another driver figured in a traffic violation after they drove on a one-way street.

She also explained in one of the videos that she was not angry when the video was taken.

Recap of the DILG memo

Last September, the DILG issued a memo that reminded the public about a provision on the deputized agents that can confiscate driver’s licenses.

This was stated in section 3.4 of the DILG-DOTC Joint Memorandum Circular No. 01 (series of 2008), wherein:

“The LGUs can issue traffic citation tickets but only the LTO and their deputized agents can confiscate driver’s licenses.”

Under the same provision, it was specified that local traffic enforcers in LGU shall issue traffic citation tickets.

“Traffic citation tickets refer to traffic violation receipts issued by traffic law enforcers in the course of their enforcement of traffic rules and regulations.”

Moreover, it was also stated that all ordinances, orders, rules and regulations of local government units shall be suspended if they are “in conflict” with the provisions of the said memorandum.

This memorandum can be access on DILG’s website: Guidelines in the Review of Local Ordinances, Orders, Rules and Regulations Concerning Public Transportation – Issuances – DILG.

The LTO welcomed DILG’s reiteration of its 2008 provisions in a separate Facebook post.

“Ang hakbang ng DILG ay pagbibigay-diin lamang na ang LTO ang pangunahing law enforcement agency na may mandatong tiyaking naipatutupad at nasusunod ang mga batas-trapiko para sa kaligtasan ng publiko,” the agency said.

Reports said that the City of Manila proceeded to enforce its own ordinances and confiscate licenses of erring motorists within its jurisdiction despite the DILG memorandum in place.