June 10, 1978
AND CONSOLIDATING EXISTING PLANT
LAWS TO FURTHER
QUARANTINE SERVICE OF THE BUREAU OF PLANT INDUSTRY
losses due to injury on agricultural crops brought about by plant pests
have become increasingly significant;
of introduction, incursion, establishment and subsequent spread of
pests by regulating the international and domestic movements of plants
and plant products, is considered more practical and economical than
other method of plant pest control;
of transportation and handling of imports and exports have favored the
expeditious and extensive movements of plants and plant products,
increasing the risk of plant pest introduction and/or incursion;
WHEREAS, plant quarantine
is basically and essentially a preventive measure, it being the actual
frontline defense against the introduction or incursion into the
of plant pests which are destructive to our agricultural crops;
WHEREAS, some of
the provisions of Act No. 3027 dated March 8, 1922, entitled, "AN
TO PROTECT THE AGRICULTURAL INDUSTRIES OF THE PHILIPPINE ISLANDS FROM
PLANT PESTS AND DISEASES EXISTING IN FOREIGN COUNTRIES AND FURTHER TO
THE DOMESTIC MOVEMENT OF THE PLANT MATERIALS IN ORDER TO MINIMIZE THE
FROM PESTS AND DISEASES ALREADY INTRODUCED" And Act No. 3767, dated
November 26, 1930, entitled "AN ACT REGULATING THE IMPORTATION,
OR INTRODUCTION INTO THE PHILIPPINE ISLANDS OF LIVING ANIMALS, SUCH AS
INSECTS, BIRDS, CRUSTACEANS, BATS, MOLLUSKS, REPTILES, MAMMALS, AND
ANIMALS, NOT FALLING WITHIN THE SCOPE OF THE TERM 'DOMESTIC ANIMALS' AS
PROVIDED AND DEFINED IN SECTION FOUR OF ACT NUMBERED THIRTY-SIX HUNDRED
AND THIRTY-NINE, IN ORDER TO PROTECT THE AGRICULTURAL INDUSTRIES OF
COUNTRY AND FOR OTHER PURPOSES" are no longer relevant and
to the protection of plant industries of this country, and therefore,
urgent and immediate modification and updating;
Quarantine rules and regulations of the Philippines must be compatible
with those of other countries and with the provisions of the Food and
Organization - International Plant Protection Convention of the United
Nations to which the Philippines is a signatory;
of the foregoing objectives require the necessary improvement and
of the Plant Quarantine Services of the Bureau of Plant Industry by
adequate laws; regulations; resources and facilities; and incentives to
Plant Quarantine Officers.
NOW, THEREFORE, I,
FERDINAND E. MARCOS, President of the Philippines, by virtue of the
vested in me by the Constitution do hereby decree and order the
SECTION 1. This Decree shall
be known as the "Plant Quarantine Decree of 1978."
SEC. 2. Definition
Terms. — The following terms used in this Decree shall mean as
a. "Person" —
natural or juridical person such as corporation, partnerships,
associations, firms, companies and other legal entities.
b. "Director" —
Director of Plant Industry.
Officer" — any person so appointed and/or designated by the Director of
d. "Country" —
independent political unit or sovereign nation, territory, colony and
or territorial subdivision.
e. "Carrier" —
any sort or craft or other artificial contrivance used, capable of
used as means of transportation in land, water or air.
f. "Plants" —
compromise living plants and parts thereof, including seeds, cuttings,
rhizomes, bulbs and corns, grafts, leaves, roots, scions and others
are capable of propagation.
— shall mean products derived from plants, either in their natural
or in manufactured or processed form and are capable of harboring plant
Pest" — shall compromise certain species of animal that are liable to
agricultural crop pests such as insects, monkeys, rodents, bats,
rabbits, snails and other forms of animal life capable of causing
to agricultural crops.
— includes leaves, straw, bark and other plant materials used as
packing, or converting and are capable of harboring plant pets.
j. "Plant Pest"
any form of plant or animal life, or any pathogenic agent, injurious or
potentially injurious to plants and/or plant products.
— shall mean those Administrative Orders promulgated and issued by the
Director of Plant Industry to implement the provision of this Decree.
— any form of treatment applied to plants, plant products, and other
capable of harboring plant pests, for the purpose of destroying or
any infection/infestation caused by plant pests.
m. "Port of
— is a port open to both foreign and domestic trade. The term includes
principal ports of entry and subports of entry.
is the act of bringing into the country the foreign commodities
under Section 3 and 4 of this Decree for planting, consumption,
domestication or for any other purpose.
o. "Plants —
Products in Transit" — shall refer to plants/plant products brought
any port in the country but are not intended for landing at the said
is the act of transporting commodities mentioned under Sections 3, 4,
6 hereof, from a local port to a foreign port.
Certification" — shall mean plant health certification.
SEC. 3. Importation of plants
and plant products. — The importation and/or introduction into the
Philippines of plants, plant products, soil, packing materials of plant
origin capable of harboring and are a source of medium of
of plant pests, is hereby restricted subject to such quarantine orders,
rules and regulations as may be promulgated, from time to time, by the
Director with the approval of the Secretary of Agriculture.chanrobles virtualawlibrary
SEC. 4. Importation of
potential animal pests. — The importation of certain species of
which are liable to become agricultural crop pests and are capable of
injury to agricultural crops, is hereby prohibited. However,
in limited quantities for a justifiable purpose and upon a written
from the Director of Plant Industry, may be allowed.
SEC. 5. Commodities in
transit. — Commodities mentioned under Section 3 and 4 of this
as well as, food provisions of plant origin and plant ornaments on
carriers, that are in transit shall be required of a clearance from the
Plant Quarantine Officers assigned at the port concerned.
SEC. 6. Exportation of
plants and plant products. — The Director and/or Plant Quarantine
shall cause the inspection and phytosanitary certification of all
plant products and other related materials capable of harboring plant
if the importing country so requires.
SEC. 7. Inspection of
plants/plants products, potential animal pests, and other materials. —
The Director shall cause the appropriate inspection, of the commodities
mentioned in Sections 3, 4 5 and 6 and to apply the necessary plant
measures in order to attain the objectives of this Decree.
SEC. 8. Domestic Quarantine
of plants and plant products. — In order to prevent and arrest the
spread to other areas, of injurious plant pests existing in certain
within the Philippines, the Director, and/or the Plant Quarantine
shall cause the inspection; treatment, if necessary; and certification
of plants and plant products involved in the movement from one locality
to another within the country.
In cases where it is necessary
to contain plant pest(s) the Director may limit the movement of certain
plants and/or plant products.
SEC. 9. Appointment and/or
designation of Plant Quarantine Officers. — The Director shall
the appointment and/or special designation of Plant Quarantine
who shall act as his representatives, in implementing and enforcing the
provisions of this Decree. Provided, however, that such special
shall be in written form.
SEC. 10. Powers and Duties
of Plant Quarantine Officers. —
a. To inspect
carriers, crew/passenger luggage and incoming mails, in order to
the presence of plants, plant products, and other materials capable of
harboring plant pests, as well as, potential animal pests.
b. To enter into
plant and inspect any and all areas where plants, plant products, and
materials capable of harboring plant pests are landed, stored, and/or
c. To examine
plants, plant products, and other materials capable of harboring plant
pests as well as potential animal pests and to administer necessary
to ensure effective implementation of the provisions of this Decree.
d. To inspect,
treatment, if necessary; and issue phytosanitary certificates on
plant products, and other related materials intended for export, if the
improving country so requires.
e. To confiscate
destroy or refuse entry of plants, plant products and potential animal
pests involved in prohibited importations, as well as prohibited plants
and plant products which exportation is, likewise, prohibited.
f. To perform
other related duties which maybe assigned to him, from time to time.
In the exercise of the powers
and duties herein vested to Plant Quarantine Officers, they are hereby
given police power and authority.chanrobles virtualawlibrary
SEC. 11. Non-liability
Clause. — All charges for storage, demurrage, cartage, labor and
incident to inspection, cost of disinfection or disinfestation and
post-entry requirements shall be the responsibility of the importer or
the exporter, as the case may be. Provided, that the Bureau of Plant
and/or its authorized representative shall not be held liable for
to the commodity in the course of the implementation of the provisions
of this Decree.
SEC. 12. Duties of the
Importer and Exporter. — The importers, exporters, or their
representatives shall submit a declaration to the Director of Plant
or his authorized representatives at, or before the time of
of commodities mentioned under Sections 3, 4 and 6 hereof, for
Such declaration shall indicate the name and address of the
the purpose; kind, nature and quantity of said commodities; the country
or locality where the same was grown; place and date of unloading or
and the registered name of carrier carrying the consignment.
SEC. 13. Entrance and
Clearance of Carriers. — The owner, operator, agent or master of
flying international and/or domestic routes are hereby required to
a notice of arrival and departure and to provide inward and outward
manifests and other declarations of said carriers to the Plant
Officer at the port. Prior to departure, the agent or master of said
must secure a clearance from the Plant Quarantine Officer thereat.
The Collector of Customs
or his authorized agents shall, require the owner, agent or master of
to submit a copy of the certificate of Plant Quarantine Clearance as a
pre-requisite to the issuance of the Customs Clearance.
SEC. 14. Collection of
Fees. — The Director shall promulgate rules and regulations
the collection of nominal regulatory fees for inspection,
import permits, commodity treatment and other, on commodities mentioned
under Section 3, 4 and 6. Provided, that said collections shall
the Revolving Fund of the National Plant Quarantine Service, to augment
the existing appropriations therefor, subject to government accounting
and auditing regulations. Provided, however, that importations and
of all government agencies; government owned or controlled
donations to and for the account of any duly registered
or any charitable institution certified by the Department of Social
and Development; embassies of foreign governments; and those that may
declared by the President, upon the recommendation of the National
and Development Authority, in the interest of economic development, are
exempted from payment of such fees excluding, however, the expenses
in commodity treatment.
SEC. 15. Overtime Services.
— The services of Plant Quarantine Officers, fumigators and helpers
outside office hours and reimbursement of meal, transportation, lodging
and other incidental expenses shall be chargeable to party or parties
at rates to be prescribed by the Secretary of Agriculture upon
of the Director.
SEC. 16. Cooperating Agencies.
— The Director may, when necessary, call upon other government agencies
(military, civil, national or local) in the implementation of plant
regulation and dissemination of information to the general public.
SEC. 17. Authority to
promulgate Special Quarantine Orders, Rules and Regulations. — The
Director, with the approval of the Secretary of Agriculture, is hereby
authorized to promulgate such Special Quarantine Orders, rules and
to implement the provisions of this Decree.
SEC. 18. The Plant Quarantine
Board. — For the purpose of carrying out the provisions of this
a Plant Quarantine Board is hereby created composed of the following:chanroblesvirtuallawlibrary
Customs or Representative
or representative of Philippine Ports Authority
of Quarantine or representative
of Animal Industry or Representative
from the National Economic and Development Authority
from the Central Bank of the Philippines
or representative of the Philippine Coconut Authority
Director of Forestry
Industry Legal Office
from the Importers' and Exporters' Confederation
Division, Bureau of Plant Industry
n. Chief, Plant
Section, Bureau of Plant Industry
SEC. 19. Duties of the
Board. — The Plant Quarantine Board shall be the advisory body to
the Director of Plant Industry in formulating orders, rules and
for the effective implementation of the revisions of this Decree.
SEC. 20. Board Meeting.
— The Board shall meet once every quarter, or may call special meetings
when necessary, provided, that such special meetings shall not be held
more than four (4) times annually. The members of the Board shall
a per diem of Two Hundred Pesos (P200.00) each per meeting.
SEC. 21. Quorum. —
A majority of the members of the Board shall constitute a quorum.
SEC. 22. Appropriation
of the Plant Quarantine Board. — The sum of P300,000.00 annually
hereby appropriated for the expenses of the Plant Quarantine Board.
that any unexpected amount of the said sum shall be reverted to the
Quarantine Revolving Fund.
SEC. 23. Penalty Clause.
— Any person, company or corporation who violates the provisions of
Decree, or forges, counterfeits, alters, defaces and destroys any
issued by virtue of this Decree shall be fined not more than Twenty
Pesos (P20,000.00) or by imprisonment from prison correctional to
mayor, or both, at the discretion of the Court.
SEC. 24. Separability
Clause. — If any of the provisions of this Decree shall be invalid,
the remainder shall be operative.
SEC. 25. Repealing Clause.
— All laws, rules and regulations inconsistent with the provisions of
Decree are, hereby superseded or revoked accordingly.
SEC. 26. Effectivity.
— This Decree shall take effect immediately upon approval.
Done in the City of Manila,
this 10th day of June, in the year of Our Lord, Nineteen Hundred and
President of the