The Philippine National Police stated that security guards of private subdivisions and other gated communities are not allowed to take the driver’s license of motorists as a condition for granting entry.
In a memorandum dated June 15, PNP Supervisory Office for Security and Investigation Agencies (SOSIA) director P/Col. Sidney Villaflor stated that security guards deployed in private villages and subdivisions cannot compel drivers to surrender their licenses before being allowed to enter the premises, a common practice usually directed by the Home Owners Association (HOA) leadership.
According to the memo, under Republic Act 4136 or the Land Transportation and Traffic Code, Housing and Land Use Regulatory Board (HLURB) Administrative Order No. 03, series of 2017, and Rule X of the 2003 IRR of Republic Act 5487, security guards and HOAs are not authorized to take custody, even temporarily, of the license issued by the Land Transportation Office (LTO).
“Pursuant to reference 1a, the power to secure and/or confiscate driver’s licenses are lodged under the capacity of LTO personnel, and others who are deputized by the said Agency,” the memo reads.
The PNP memo covers all private security personnel, security agencies, detective agencies, security training institutions, government guard units, company guard forces and other associations.
Instead of a driver’s license, visiting motorists can opt to present any valid government-issued ID.
“In lieu thereof, the drivers of vehicles entering these properties may present any valid government-issued identification cards to said security guards. Likewise, said security guards are reminded to uphold their professional code of conduct and ethics and be courteous to everyone,” the PNP directive concludes.