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REQUIRED BA ANG AUXILIARY POLICE NA MANGHULI NG NAGDADRIVE NG MOTOR WITHOUT LICENSE?ANSWER IN NO. 3-41. Law That Defines...
26/01/2026

REQUIRED BA ANG AUXILIARY POLICE NA MANGHULI NG NAGDADRIVE NG MOTOR WITHOUT LICENSE?
ANSWER IN NO. 3-4

1. Law That Defines Driving Without a License

Under Republic Act No. 4136 (Land Transportation and Traffic Code):

It is unlawful to operate a motor vehicle without a valid driver’s license. You must carry the license and show or surrender it “upon demand to any person with authority under this Act to confiscate the same.”

2. Who Can Enforce and Arrest

RA 4136 gives authority primarily to the Land Transportation Office (LTO) and LTO‑deputized agents:

Section 29 of RA 4136 states that law enforcement and peace officers of other agencies duly deputized by the Director of the LTO may, when apprehending a driver for a violation of traffic laws, confiscate the driver’s license and issue a receipt (Temporary Operator’s Permit).

Only LTO officers or officers formally deputized by the LTO can enforce traffic laws involving confiscation of a driver’s license and related sanctions.

3. Auxiliary Police & “Driving Without a License”

There is no specific provision in RA 4136 or other Philippine law that automatically grants Auxiliary Police the power to arrest or apprehend someone for driving without a license unless they are:

✔ formally deputized by the LTO under Section 29; OR
✔ they have legal peace officer status under another law with enforcement authority.

If they are not deputized by the LTO or lack specific peace officer status:

They do not by default have authority to apprehend, issue tickets, confiscate licenses, or arrest drivers for traffic violations.

4. What This Means in Practice

Ordinary auxiliary police cannot legally “arrest” or “issue traffic citations” for driving without a license unless they are officially deputized by the LTO.

At most, they may notify or assist regular law enforcement officers, but enforcement actions must be done by those with the legal authority.

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