Upon entering the subdivision gate, can the security guard on duty asked you to surrender your driver's license?
Section 29 of Republic Act 4136, otherwise known as the "Land Transportation and Traffic Code," provides:
"Section 29. Confiscation of driver's licenses. - Law enforcement and peace officers duly designated by the Commissioner shall, in apprehending any driver for violations of this Act or of any regulations issued pursuant thereto, or of local traffic rules and regulations, confiscate the license of the driver concerned and issue a receipt prescribed and issued by the Commission therefor which shall authorize the driver to operate a motor vehicle for a period not exceeding seventy-two hours from the time and date of issue of said receipt. The period so fixed in the receipt shall not be extended, and shall become invalid thereafter. Failure of the driver to settle his case within fifteen days from the date of apprehension will cause suspension and revocation of his license...xxx"
Further, Section 12 of Resolution 001 Series of 2017 dated March 8, 2017 of the Housing and Land Use Regulatory Board (HLURB) Executive Committee provides:
"Section 12. Proscribed Acts. - It shall be prohibited:
"12.1. 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, of the license issued by the Land Transportation Office." (Emphasis supplied)
Pursuant to the aforementioned provision of the law, the authority to confiscate or, in any manner, take custody of a driver's license issued in the Philippines, is lodged with the Land Transportation Commission (now the Land Transportation Office [LTO]). Being the government agency authorized to confiscate or take custody of a driver's license, only the appropriate LTO personnel, or its deputized agents may exercise the same authority.
In this regard, and in accordance with the afore-quoted resolution of the HLURB, a homeowners' association is devoid of authority to require any person to surrender his/her driver's license, as a condition for ingress within the premises. While the association may impose rules for the orderly administration and security of the subdivision property, such rules cannot go beyond what the law and rules restrict.
Thus, the association in a subdivision may require the presentation of a visitor's identification document, including a driver's license, but is not allowed to take custody thereof, even on a temporary basis. Note that administrative sanctions may be imposed on the homeowner's association and its concerned officials, employees, or members for violating the above rule.
Source: Manila Times