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PRESIDENTIAL DECREE NO. 1433
PRESIDENTIAL DECREE NO. 1433 -
PROMULGATING THE PLANT QUARANTINE LAW OF 1978, THEREBY REVISING AND
CONSOLIDATING EXISTING PLANT QUARANTINE LAWS TO FURTHER IMPROVE AND
STRENGTHEN THE PLANT QUARANTINE SERVICE OF THE BUREAU OF PLANT INDUSTRY
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chanroblesvirtualawlibrary
WHEREAS,
economic losses due to injury on agricultural crops brought about by
plant pests have become increasingly significant; chanroblesvirtualawlibrary
WHEREAS, the prevention of introduction, incursion, establishment and
subsequent spread of plant pests by regulating the international and
domestic movements of plants and plant products, is considered more
practical and economical than any other method of plant pest control;chanroblesvirtualawlibrary
WHEREAS, modern means of transportation and handling of imports and
exports have favored the expeditious and extensive movements of plants
and plant products, thereby, increasing the risk of plant pest
introduction and/or incursion;chanroblesvirtualawlibrary
WHEREAS, plant quarantine is basically and essentially a preventive
measure, it being the actual frontline defense against the introduction
or incursion into the country of plant pests which are destructive to
our agricultural crops;chanroblesvirtualawlibrary
WHEREAS, some of the provisions of Act No. 3027 dated March 8, 1922,
entitled, "AN ACT TO PROTECT THE AGRICULTURAL INDUSTRIES OF THE
PHILIPPINE ISLANDS FROM INJURIOUS PLANT PESTS AND DISEASES EXISTING IN
FOREIGN COUNTRIES AND FURTHER TO REGULATE THE DOMESTIC MOVEMENT OF THE
PLANT MATERIALS IN ORDER TO MINIMIZE THE INJURY FROM PESTS AND DISEASES
ALREADY INTRODUCED." And Act No. 3767, dated November 26, 1930,
entitled "AN ACT REGULATING THE IMPORTATION, BRINGING OR INTRODUCTION
INTO THE PHILIPPINE ISLANDS OF LIVING ANIMALS, SUCH AS INSECTS, BIRDS,
CRUSTACEANS, BATS, MOLLUSKS, REPTILES, MAMMALS, AND OTHER 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 THIS
COUNTRY AND FOR OTHER PURPOSES" are no longer relevant and applicable
to the protection of plant industries of this country, and therefore,
require urgent and immediate modification and updating;chanroblesvirtualawlibrary
WHEREAS, the Plant Quarantine rules and regulations of the Philippines
must be compatible with those of other countries and with the
provisions of the Food and Agriculture Organization - International
Plant Protection Convention of the United Nations to which the
Philippines is a signatory;chanroblesvirtualawlibrary
WHEREAS, the attainment of the foregoing objectives require the
necessary improvement and strengthening of the Plant Quarantine
Services of the Bureau of Plant Industry by providing 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 powers vested in me by the Constitution do hereby
decree and order the following:cralaw:red
Section 1. This Decree shall be known as the "Plant
Quarantine Decree of 1978".
Section 2. Definition of Terms. — The following terms
used in this Decree shall mean as follows: chanroblesvirtualawlibrary
a. "Person" — any natural or juridical person such as
corporation, partnerships, societies, associations, firms, companies
and other legal entities.
b. "Director" — The Director of Plant Industry.
c. "Plant Quarantine Officer" — any person so
appointed and/or designated by the Director of Plant Industry.
d. "Country" — any independent political unit or
sovereign nation, territory, colony and political or territorial
subdivision.
e. "Carrier" — includes any sort or craft or other
artificial contrivance used, capable of being used as means of
transportation in land, water orr.
f. "Plants" — shall compromise living plants and
parts thereof, including seeds, cuttings, rhizomes, bulbs and corns,
grafts, leaves, roots, scions and others that are capable of
propagation.
g. "Plant Products" — shall mean products derived
from plants, either in their natural state or in manufactured or
processed form and are capable of harboring plant pests.
h. "Potential Animal Pest" — shall compromise certain
species of animal that are liable to become agricultural crop pests
such as insects, monkeys, rodents, bats, finches, rabbits, snails and
other forms of animal life capable of causing injury to agricultural
crops.
i. "Packing Materials" — includes leaves, straw, bark
and other plant materials used as wrapping, 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.
k. "Quarantine Orders" — shall mean those
Administrative Orders promulgated and issued by the Director of Plant
Industry to implement the provision of this Decree.
l. "Commodity Treatment" — any form of treatment
applied to plants, plant products, and other materials capable of
harboring plant pests, for the purpose of destroying or eliminating any
infection/infestation caused by plant pests.
m. "Port of Entry" — is a port open to both foreign
and domestic trade. The term includes principal ports of entry and
subports of entry.
n. "Importation" — is the act of bringing into the
country the foreign commodities mentioned under Section 3 and 4 of this
Decree for planting, consumption, manufacturing, domestication or for
any other purpose.
o. "Plants — Plant Products in Transit" — shall refer
to plants/plant products brought into any port in the country but are
not intended for landing at the said port.
p. "Exportation" — is the act of transporting
commodities mentioned under Sections 3, 4, and 6 hereof, from a local
port to a foreign port.
q. "Phytosanitary Certification" — shall mean plant
health certification. chanroblesvirtualawlibrary
Section 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 infection/infestation 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.
Section 4. Importation of potential animal pests. —
The importation of certain species of animals which are liable to
become agricultural crop pests and are capable of causing injury to
agricultural crops, is hereby prohibited. However, importation in
limited quantities for a justifiable purpose and upon a written permit
from the Director of Plant Industry, may be allowed.
Section 5. Commodities in transit. — Commodities
mentioned under Section 3 and 4 of this Decree, as well as, food
provisions of plant origin and plant ornaments on board carriers, that
are in transit shall be required of a clearance from the Plant
Quarantine Officers assigned at the port concerned.
Section 6. Exportation of plants and plant products.
— The Director and/or Plant Quarantine Officers shall cause the
inspection and phytosanitary certification of all plants, plant
products and other related materials capable of harboring plant pests,
if the importing country so requires.
Section 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 quarantine measures in order
to attain the objectives of this Decree.
Section 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 localities within the
Philippines, the Director, and/or the Plant Quarantine Officers 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. chanroblesvirtualawlibrary
In cases where it is necessary to contain plant pest(s) the Director
may limit the movement of certain plants and/or plant products.
Section 9. Appointment and/or designation of Plant
Quarantine Officers. — The Director shall cause the appointment and/or
special designation of Plant Quarantine Officers, who shall act as his
representatives, in implementing and enforcing the provisions of this
Decree. Provided, however, that such special designation shall be in
written form.
Section 10. Powers and Duties of Plant Quarantine
Officers. —
a. To inspect all carriers, crew/passenger luggages
and incoming mails, in order to determine the presence of plants, plant
products, and other materials capable of harboring plant pests, as well
as, potential animal pests.
b. To enter into the inspect any and all areas where
plants, plant products, and other materials capable of harboring plant
pests are landed, stored, and/or grown.
c. To examine imported plants, plant products, and
other materials capable of harboring plant pests as well as potential
animal pests and to administer necessary measures to ensure effective
implementation of the provisions of this Decree.
d. To inspect, administer treatment, if necessary;
and issue phytosanitary certificates on plants, plant products, and
other related materials intended for export, if the improving country
so requires.
e. To confiscate and 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 such other related duties which may be
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.
Section 11. Non-liability clause. — All charges for
storage, demurrage, cartage, labor and delays incident to inspection,
cost of disinfection or disinfestation and other post-entry
requirements shall be the responsibility of the importer or the
exporter, as the case may be. Provided, that the Bureau of Plant
Industry and/or its authorized representative shall not be held liable
for damages to the commodity in the course of the implementation of the
provisions of this Decree.
Section 12. Duties of the Importer and Exporter. —
The importers, exporters, or their authorized representatives shall
submit a declaration to the Director of Plant Industry or his
authorized representatives at, or before the time of entry/embarkation
of commodities mentioned under Sections 3, 4 and 6 hereof, for
importation/exportation. Such declaration shall indicate the name and
address of the consignor/consignee; the purpose; kind, nature and
quantity of said commodities; the country or locality where the same
was grown; place and date of unloading or embarkation; and the
registered name of carrier carrying the consignment. chanroblesvirtualawlibrary
Section 13. Entrance and Clearance of Carriers. — The
owner, operator, agent or master of carriers flying international
and/or domestic routes are hereby required to serve a notice of arrival
and departure and to provide inward and outward cargo manifests and
other declarations of said carriers to the Plant Quarantine Officer at
the port. Prior to departure, the agent or master of said carrier 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 carrier to submit a copy of the certificate
of Plant Quarantine Clearance as a pre-requisite to the issuance of the
Customs Clearance.
Section 14. Collection of fees. — The Director shall
promulgate rules and regulations governing the collection of nominal
regulatory fees for inspection, certification, import permits,
commodity treatment and other, on commodities mentioned under Section
3, 4 and 6. Provided, that said collections shall constitute 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
exportations of all government agencies; government owned or controlled
corporations; donations to and for the account of any duly registered
relief-organizations; or any charitable institution certified by the
Department of Social Services and Development; embassies of foreign
governments; and those that may be declared by the President, upon the
recommendation of the National Economic and Development Authority, in
the interest of economic development, are exempted from payment of such
fees excluding, however, the expenses incurred in commodity treatment.
Section 15. Overtime Services. — The services of
Plant Quarantine Officers, fumigators and helpers performed outside
office hours and reimbursement of meal, transportation, lodging and
other incidental expenses shall be chargeable to party or parties
served at rates to be prescribed by the Secretary of Agriculture upon
recommendation of the Director.
Section 16. Cooperating Agencies. — The Director may,
when necessary, call upon other government agencies (military, civil,
national or local) in the implementation of plant quarantine regulation
and dissemination of information to the general public.
Section 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 regulations to
implement the provisions of this Decree.
Section 18. The Plant Quarantine Board. — For the
purpose of carrying out the provisions of this Decree, a Plant
Quarantine Board is hereby created composed of the following:cralaw:red
a. The Director of Plant Industry
Chairman
b. Commissioner of Customs or
representative Member
c. General Manager or representative
of Philippine Ports Authority
Member
d. Director, Bureau of Quarantine
or representative Member
e. Director, Bureau of Animal
Industry or representative Member
f. Representative from the National
Economic and Development Authority
Member
g. Representative from the Central
Bank of the Philippines Member
h. Administrative or representative of
the Philippine Coconut Authority
Member
i. Director of Forestry or representative
Member
j. Bureau of Plant Industry Legal Officer
Member
k. Representative from the Importers' and
Exporters' Confederation Member
l. Chief, Crop Protection Division, Bureau
of Plant Industry Member
m. Postmaster-General or representative
Member
n. Chief, Plant Quarantine Section, Bureau
of Plant Industry Secretary
Section 19. Duties of the Board. — The Plant
Quarantine Board shall be the advisory body to assist the Director of
Plant Industry in formulating orders, rules and regulations for the
effective implementation of the revisions of this Decree. chanroblesvirtualawlibrary
Section 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 receive a per diem
of Two Hundred Pesos (P200.00) each per meeting.
Section 21. Quorum. — A majority of the members of
the Board shall constitute a quorum.
Section 22. Appropriation of the Plant Quarantine
Board. — The sum of P300,000.00 annually is, hereby appropriated for
the expenses of the Plant Quarantine Board. Provided, that any
unexpected amount of the said sum shall be reverted to the Plant
Quarantine Revolving Fund.
Section 23. Penalty Clause. — Any person, company or
corporation who violates the provisions of this Decree, or forges,
counterfeits, alters, defaces and destroys any document issued by
virtue of this Decree shall be fined not more than Twenty Thousand
Pesos (P20,000.00) or by imprisonment from prision correccional to
prision mayor, or both, at the discretion of the Court.
Section 24. Separability Clause. — If any of the
provisions of this Decree shall be invalid, the remainder shall be
operative.
Section 25. Repealing Clause. — All laws, rules and
regulations inconsistent with the provisions of this Decree are, hereby
superseded or revoked accordingly.
Section 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
Seventy-Eight.
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