I visited a relative who is living in one of the posh villages in Makati City. Upon arrival at the gate, the security guard asked me to surrender my driver’s license. I tried giving my company ID, but the security guard insisted that I surrender my driver’s license issued by the Land Transportation Office (LTO) before he would allow me to enter the village. Is this legal and valid?
To answer your question, we shall refer to the Housing and Land Use Regulatory Board (HLURB) Administrative Order 03, Series of 2017, dated May 19, 2017 (Executive Committee Resolution 001, series of 2017, “Guidelines in the Kinds of Dues, Fees and Contributions that may be Collected by Homeowners Associations”), to wit:
“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, the license issued by the Land Transportation Office; xxx” (Emphases supplied)
Applying the above-mentioned HLURB administrative order, the homeowners’ associations and security guards of subdivisions, villages and condominiums are not authorized to take custody, even on a temporary basis, the driver’s license issued by the LTO. It is a proscribed or prohibited act under the aforementioned administrative order to require the driver of any vehicle entering the homeowner’s premises to surrender his driver’s license. Hence, the security guard’s action of requiring you to surrender your driver’s license is not legal and not in accordance with the law.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com