Confiscation of driver’s license: Measure’s approval deferred pending legal opinion

CEBU, Philippines - Although scheduled for final deliberation, an ordinance granting traffic enforcers authority to confiscate the driver’s license of motorists violating traffic laws proposed before the Cebu City Council was deferred pending comments by the City Legal Office.

“I will have to defer (requesting) the approval of this ordinance while waiting for the legal opinion of the City Legal Office,” said Councilor Eugenio Gabuya, one of the proponents, during their session last June 20.

He said they wanted to ensure the legality of the measure. The council’s committee on laws, ordinances, and styling and the committee on transportation have also expressed support for the proposed ordinance.

Several transportation groups have opposed the proposed measure, saying there is nothing under the country’s Land Transportation and Traffic Code that empowers a local government to pass an ordinance that authorizes the confiscation of a driver’s license.

They are the Visayas United Drivers Transport and Allied Services Cooperative, Pagkakaisang mga Samahan ng Tsuper at Opereytor Nationwide-Cebu, Cebu Integrated Transport Service Multipurpose Cooperative, Alliance of Transport Organization Member Intra-Cebu City, and Metro Taxi Operators Association.

In a telephone interview, Gabuya said he took into account the objections of the transport groups.

But, he said, the city government can invoke the Local Government Code as basis for the passage of the ordinance.

“There is a need to implement stricter regulations with the view of effectively obviating rampant traffic violators in the city caused by erring motorists,” said Gabuya, who co-authored the measure with City Councilor Margarita Osmeña.

They believed that the ordinance is not contrary to Section 29 of Republic Act 4136 9 (Land Transportation and Traffic Code), which states that "law enforcement and peace officers of agencies duly deputized by Land Transportation Office shall, in apprehending a driver for any violation of the code or any regulations not contrary to any provisions of the law, confiscate the license of the driver concerned and issued a receipt prescribed and issued for the purpose."

Gabuya and Osmeña also cited a recent annual survey of the Waze Driver Satisfaction Index 2016 that identified Metro Cebu as the "worst" place in the world to drive in.

“Nganong mahadlok man pod ang mga driver kon dili lang sila maka-violate (sa traffic laws)?” Gabuya said.

He said the measure is advantageous to operators since there are drivers who do not report to them that they have actually violated several traffic laws.

Gabuya said that as proponent of the measure, he wanted to instill discipline on all drivers and to give more teeth to the city’s Traffic Code.

“Mao lang gyud na amoa, ang pag-instill og disiplina sa mga violators para ma-lessen pod ang accidents sa siyudad, ug maayo pod nga after maisyohan og citation ticket i-settle dayon sa violators ilang fines and penalties para dili mag-accumulate,” he said. (FREEMAN)