Who Has The Authority To Confiscate A Driver’s License During A Normal Traffic Violation? A Complete Guide
Who Has The Authority To Confiscate A Driver’s License During A Normal Traffic Violation? A Complete Guide. If you’ve ever been flagged down for a minor traffic violation, you might have wondered: Can this officer really take my license?
The short answer is simple only the Land Transportation Office (LTO) and its duly deputized law-enforcement officers can confiscate a driver’s license under Republic Act 4136, the Land Transportation and Traffic Code.
In this guide, I’ll break down in clear, everything you need to know about who can confiscate your license, when it can be taken, how long before you can claim it back, and why knowing these rules protects you from illegal confiscation.
LTO: The Sole Authority Under Republic Act 4136
The LTO is the only government body authorized to issue, suspend, revoke, and confiscate driver’s licenses in the Philippines.
Section 29 of RA 4136 explicitly says that only law-enforcement officers or peace officers deputized by the LTO Director may confiscate a driver’s license during a traffic violation.
That means:
- The LTO has nationwide jurisdiction.
- Only LTO officers or officials with deputization papers can take your license.
- Local Government Units (LGUs), MMDA, or even PNP officers cannot take your license unless deputized.
This centralized control ensures consistency and fairness in traffic-law enforcement across the country.
What Republic Act 4136 Says
Section 29 of RA 4136 is very clear:
“The Director of the Land Transportation Office may deputize any member of the Armed Forces, the Philippine Constabulary (now PNP), or any peace officer to enforce the provisions of this Act.”
This means that unless a traffic officer or police officer is officially deputized, they cannot legally confiscate a driver’s license.
If someone who isn’t deputized tries to take your license, you have the right to politely refuse and report the incident to the nearest LTO office.
Who Are Deputized by the LTO to Confiscate Licenses
When we say “deputized,” it means the LTO officially authorizes certain officers from other agencies through a Mission Order or Deputation Certificate.
These deputized officers act on behalf of the LTO and are required to:
- Carry valid LTO mission orders specifying their authority.
- Issue LTO-printed tickets (such as the Temporary Operator’s Permit – TOP).
- Submit reports of all confiscations directly to the LTO.
Agencies Commonly Deputized by the LTO
| Agency / Group | Can Confiscate License? | Condition |
|---|---|---|
| LTO Law-Enforcement Officers | Yes | Direct LTO authority |
| PNP – Highway Patrol Group (HPG) | Yes | Must show LTO deputization |
| MMDA Enforcers | Only if deputized | Limited to Metro Manila |
| LGU Traffic Enforcers | If deputized | Must carry mission order |
| Non-deputized Enforcers | No | Not authorized to confiscate |
So, if you are stopped by an enforcer, you have the right to politely ask whether they are LTO-deputized.
If not, they can issue a ticket, but they cannot legally take your license.
Who Can Confiscate Licenses Under Normal Violations
The rule is simple and clear: only the LTO can confiscate a driver’s license during a normal traffic violation.
This authority does not extend to traffic police, including the PNP-Highway Patrol Group (HPG), MMDA, or traffic enforcers and aides from cities, provinces, and municipalities—unless they are deputized by the LTO.
Even the Department of the Interior and Local Government (DILG) has issued a memorandum confirming that only LTO officers or deputized agents may legally take a driver’s license.
So, if an ordinary traffic enforcer attempts to confiscate your license without showing LTO deputization, you can politely refuse and ask for their mission order.
How to Verify if an Officer is LTO-Deputized
Knowing whether an officer is deputized is straightforward.
Only LTO-deputized enforcers hold mission orders that clearly outline:
- Their authority to issue Temporary Operator’s Permits (TOPs)
- Their right to confiscate driver’s licenses
- Their assigned area or jurisdiction
A Temporary Operator’s Permit (TOP) is the official receipt issued when your license is confiscated.
This TOP serves as your temporary driving authority, confirming that the confiscation was done legally by a duly deputized officer.
When Can the LTO Confiscate a Driver’s License
License confiscation is not automatic for every violation. It applies only to offenses that require temporary suspension or serious administrative action.
Typical Grounds for Confiscation
- Reckless driving
- Driving under the influence (DUI) of alcohol or drugs
- Involvement in an accident causing injury or death
- Driving without proper registration or authority
- Serious disregard for traffic signs or road safety
In these situations, the officer issues a Temporary Operator’s Permit (TOP) which allows you to continue driving for 72 hours or 3 days.
After that, you must settle the violation at an LTO office to reclaim your license.
Can a Driver Use a Photocopy of a Driver’s License While Driving?
Absolutely not. A photocopy of a driver’s license is not valid for driving in the Philippines. The LTO requires the original plastic card (or a valid Temporary Operator’s Permit if your license has been confiscated).
Driving with only a photocopy may result in an additional violation under “failure to carry driver’s license while operating a motor vehicle.”
Always carry the original license or the TOP issued by an LTO-deputized officer.
Can LGUs Confiscate Licenses in 2025?
As of 2025, LGUs still cannot confiscate driver’s licenses unless their enforcers are formally deputized by the LTO.
The Department of Interior and Local Government (DILG) and Department of Justice (DOJ) have repeatedly reminded mayors and city councils that local ordinances cannot override RA 4136.
Example:
In the famous MMDA vs Garin (1995) case, the Court of Appeals ruled that only the LTO can confiscate a driver’s license.
Since then, this decision has remained the legal basis for rejecting unauthorized confiscations by LGU enforcers.
So if a barangay or city traffic aide tries to seize your license without LTO deputization — you can politely refuse and ask for a citation ticket instead.
Can the PNP Confiscate a Driver’s License?
The Philippine National Police (PNP), including the Highway Patrol Group (HPG), can confiscate a driver’s license only when deputized by the LTO.
When the PNP Can Confiscate:
- The officer shows a valid LTO Mission Order.
- The violation is serious enough under RA 4136 (e.g., reckless driving).
- The driver is issued a Temporary Operator’s Permit (TOP) as proof.
Without deputization, a regular PNP officer can stop and cite you for a violation, but not confiscate your license.
A 30-Day Suspension of the Driver’s License
Under LTO rules, certain violations automatically carry a 30-day license suspension, including:
| Violation | Penalty |
|---|---|
| Reckless driving (1st offense) | 30-day suspension + fine ₱2,000 |
| Driving under influence (DUI) | Immediate confiscation + 30-day suspension |
| Drag racing or overspeeding | Suspension / revocation, depending on severity |
| Using fake plates or unauthorized accessories | 30-day suspension + confiscation of items |
The suspension is imposed after due process, meaning the driver receives a notice of violation and may attend a hearing at the LTO.
After the suspension period and payment of fines, the license can be reinstated.
How Many Days to Claim a Confiscated Driver’s License
After paying your penalties, you may claim your license immediately from the LTO Traffic Adjudication Section or the Regional District Office where the violation was processed.
- If you received a TOP, you must settle the fine within 15 days of issuance.
- If unpaid, the case may be forwarded to the LTO Legal Division, and your license could be suspended beyond 30 days.
Who Are the Deputized Agents of the LTO
The LTO regularly deputizes officers from partner agencies to strengthen road-law enforcement.
These deputized agents include:
- PNP – Highway Patrol Group
- MMDA Traffic Enforcers (Metro Manila only)
- Selected LGU Traffic Enforcers (upon training + mission order)
- Inter-Agency Task Force on Traffic Management (IATF)
- DPWH Traffic Engineers for road-use violations
Every deputized agent must carry:
- Mission Order Number from the LTO Regional Office
- Official LTO Badge / ID
- Book of Temporary Operator’s Permits
Without these, any confiscation they perform is invalid.
Why Only the LTO Can Confiscate a License
There are important reasons behind this restriction:
- Consistency of Law Enforcement – Uniform penalties nationwide.
- Protection of Motorists’ Rights – Prevents abuse by unauthorized enforcers.
- Centralized Records – All confiscations logged in the LTO system.
- Transparency & Accountability – Easier tracking of confiscated licenses.
- Legal Compliance – Deputized agents receive training on lawful procedure.
Step-by-Step: What to Do if Your License Is Confiscated
- Check the officer’s deputization. Ask politely to see the Mission Order.
- Accept the Temporary Operator’s Permit (TOP). Keep it safe — it’s your temporary license for 72 hours.
- Visit the indicated LTO office within 15 days.
- Pay the fines and attend the seminar (if required).
- Collect your license after verification and signature of release.
If the officer refuses to issue a TOP or cannot prove deputization, report the incident to the nearest LTO Regional Office or via LTO hotline (02) 8922-9061.
Penalties for Unauthorized Confiscation
Any officer or enforcer who confiscates a license without legal authority may face:
- Administrative sanctions from the Civil Service Commission
- Suspension or dismissal from service
- Criminal charges under RA 3019 (Anti-Graft and Corrupt Practices Act)
- Cancellation of deputization, if applicable
Drivers are encouraged to document the incident by noting the officer’s name, agency, and time of confiscation.
FAQs
Can MMDA officers confiscate a driver’s license?
Ans: Only if they are LTO-deputized and carrying a mission order. Otherwise, they can issue tickets but not take your license.
What if I lose my TOP before paying my fine?
Ans: You must visit the LTO office that issued it, file an affidavit of loss, and request a certified copy before paying penalties.
How can I verify if an officer is deputized by the LTO?
Ans: Look for the Mission Order with the LTO seal and validity dates or verify through the LTO Law Enforcement Service.
What happens if I ignore my violation and never claim my license?
Ans: Your record remains tagged as “unsettled violation”, preventing license renewal or registration until you pay the fines.
Can LGU enforcers in 2025 legally take my license?
Ans: No, unless the LGU has a valid deputization agreement with the LTO and the enforcer holds a mission order.
Conclusion
To wrap it up, here’s the truth every Filipino motorist should remember: Only the Land Transportation Office (LTO) and its duly deputized officers have the legal authority to confiscate your driver’s license during a normal traffic violation.
