Presidential Decree No. 1433 (PD 1433) — Plant
Quarantine Decree of 1978
WHEREAS, economic losses due to injury on agricultural crops
brought about by plant pests have become increasingly significant;
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;
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;
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;
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 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;
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;
WHEREAS, the attainment of the foregoing objectives requires
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:
SECTION 1. This Decree shall be known as the "Plant
Quarantine Decree of 1978".
Definition of Terms.
SEC. 2. Definition of Terms.—The following terms
used in this Decree shall mean as follows:
"Person"—any natural or juridical person such as corporation, partnerships,
societies, associations, firms, companies and other legal entities.
"Director"—The Director of Plant Industry.
"Plant Quarantine Officer"—any person so appointed and/or designated by the
Director of Plant Industry.
"Country"—any independent political unit or sovereign nation, territory,
colony and political or territorial subdivision.
"Carrier"—includes every sort of craft or other artificial contrivance used,
or capable of being used as a means of transportation in land, water or air.
"Plants"—shall comprise living plants and parts thereof, including seeds,
cuttings, rhizomes, bulbs and corns, grafts, leaves, roots, scions and others
that are capable of propagation.
"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.
"Potential Animal Pest"—shall comprise certain species of animals 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.
"Packing Materials"—include leaves, straw, bark and other plant materials
used as wrapping, packing, or converting and are capable of harboring plant
pests.
"Plant Pest"—any form of plant or animal life, or any pathogenic agent,
injurious or potentially injurious to plants and/or plant products.
"Quarantine Orders"—shall mean those Administrative Orders promulgated and
issued by the Director of Plant Industry to implement the provisions of this
Decree.
"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.
"Port of Entry"—is a port open to both foreign and domestic trade. The term
includes principal ports of entry and subports of entry.
"Importation"—is the act of bringing into the country foreign commodities
mentioned under Sections 3 and 4 of this Decree for planting, consumption,
manufacturing, domestication or for any other purpose.
"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.
"Exportation"—is the act of transporting commodities mentioned under
Sections 3, 4 and 6 hereof, from a local port to a foreign port.
"Phytosanitary Certification"—shall mean plant health certification.
Importation of plants and plant products.
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 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.
Importation of potential animal pests.
SEC. 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.
Commodities in transit.
SEC. 5. Commodities in transit.—Commodities
mentioned under Sections 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 Officer assigned at the port
concerned.
Exportation of Plants and plant products.
SEC. 6. Exportation of Plants and plant
products.—The Director and/or the 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.
Inspection of plants/plant products, potential animal pests, and other materials.
SEC. 7. Inspection of plants/plant 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.
Domestic Quarantine of plants and plant products.
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 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 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.
Appointment and/or designation of Plant Quarantine Officers.
SEC. 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.
SEC. 10. Powers and Duties of Plant Quarantine
Officers.
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.
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.
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 insure effective implementation of the provision of this
Decree.
To inspect; administer treatment, if necessary; and issue phytosanitary
certificates on plants, plant products, and other related materials intended for
export, if the importing country so requires.
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 involved in domestic movement, and to deny
phytosanitary certification of plants and plant products which exportation is,
likewise, prohibited.
To perform such 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.
Non-liability clause.
SEC. 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 exporter, as the case maybe.
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.
Duties of the Importer and Exporter.
SEC. 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.
Entrance and Clearance of Carriers.
SEC. 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 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.
Collection of fees.
SEC. 14. Collection of fees.—The Director shall
promulgate rules and regulations governing the collection of nominal regulatory
foes 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 maybe 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.
Overtime Services.
SEC. 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.
Cooperating Agencies.
SEC. 16. Cooperating Agencies.—The Director may,
when necessary, call upon other government agencies (military, civil national or
local) in the implementation of plant quarantine regulations and dissemination
of information to the general public.
Authority to promulgate Special Quarantine Orders, Rules and Regulations.
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 regulations to implement the provisions of this
Decree.
The Plant Quarantine Board.
SEC. 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:
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. Administrator 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
Duties of the Board.
SEC. 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.
Board Meeting.
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 receive a per diem of Two Hundred Pesos (P200.00)
each per meeting.
Quorum.
SEC. 21. Quorum.—A majority of the members of the
Board shall constitute a quorum.
Appropriation of the Plant Quarantine Board.
SEC. 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 unexpended
amount of the said sum shall be reverted to the Plant Quarantine Revolving
Fund.
Penalty Clause.
SEC. 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 prison correctional to prison mayor, or both, at the discretion of the
Court.
Separability Clause.
SEC. 24. Separability Clause.—If any of the
provisions of this Decree shall be invalid, the remainder shall be
operative.
Repealing Clause.
SEC. 25. Repealing Clause.—All laws, rules and
regulations inconsistent with the provisions of this Decree are, hereby
superseded or revoked accordingly.
Effectivity.
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 seventy-eight.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JUAN C. TUVERA
Presidential Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
