Supreme Court E-Library
Information At Your Fingertips

  View printer friendly version

Pursuant to the provisions of Act 3639, Commonwealth Act No. 349, Sections 1765 and 1770 of the Revised Administrative Code, Republic Act No. 7934, otherwise known as the Consumer Act of the Philippines, Section 18, Title 4, Chapter 4, Book V of Executive Order No. 292, otherwise known as the Administrative Code of 1987 and the Department of Justice Opinion Nos. 147 and 88, Series of 1991 and 1993 respectively, the following rules and regulations on the importation of horses into the Philippines are hereby prescribed and promulgated for the information, guidance and compliance of all concerned:

Article 1
Definition of Terms

SECTION 1 - As contemplated in this Order the following terms, words and phrases herein used shall be construed to mean as follows:

a. Race Horse - any horse, regardless of age, sex, breed and conditions which belongs to the type or breed such as thoroughbred, etc., commonly used as race horse, or entity at the country of origin.

b. Riding Horse - any horse already specifically trained for pleasure and fancy riding, or jumping and dressage purposes and not covered by any of the categories herein defined.

c. Polo Horse - any horse already specially trained for riding and used in a game of polo.

d. Work Horse - any horse belonging to a breed or type for draft or work purposes in a farm for driving cattle in a ranch. For this a Quarter Horse may be considered as work horse, provided that it is used primarily for driving cattle ranch: otherwise, it shall be classified a riding horse, not as a work horse.

e. Circus Horse - any horse specially trained to perform in a circus for amusement purposes.

Article II
Persons Qualified to Import

SECTION 2 - The Importation of horses of any class, breed or type, and number is allowed, provided the importer-owner meets the following qualifications, namely:

a. Race Horses - a duly registered race horse breeder in the Philippines, certified as such by the National Stud Farm and the Philippine Racing Commission.

b. Riding Horse - a bonafide owner of an accredited riding school and/or member of a recognized riding club in the Philippines.

c. Polo Horse - A member of an accredited and duly registered Polo Club in the Philippines.

d. Work Horse - Any person may import a work horse as long as proof as to the actual need of use of the horse as duly presented.

e. Circus Horse - Only those persons or corporations, firms, associations or legal entities owning and/or operating a duly registered and licensed circus company/troupe with an approved permit to perform in the Philippines issued by a duly authorized government office, may be allowed to bring circus horses into the Philippines.

SECTION 3. Any import permit issued to any qualified importer-owner is non-transferable and is revocable at any such time as the interest of the public and the government service may require.

Article III
Quarantine Requirements

SECTION 4. - All horses to enter the Philippines, in addition to the conditions stipulated in this Order, are subject to all veterinary quarantine requirements as provided for by existing laws, orders, rules and regulations, and conditions specified on import permits.

The following quarantine preconditions are hereby stipulated.

a. An inspection of the quarantine site will be made by a BAI-deputized veterinary quarantine officer prior to processing of the permit. If upon inspection the criteria for suitable quarantine were found to the satisfactory, the permit to import shall be processed.

b. Upon arrival, the animals will be placed under quarantined for thirty (30) days under the supervision of BAI deputized Veterinary Quarantine Officer. The animals shall not be removed from the location of quarantine be subjected to periodic inspection and serological testing by the authorized representative of the Director of the Bureau of Animal Industry.

All costs to be incurred during inspection and serological testing shall be borne by owner/importer.

c. Should any of the above mentioned disease break out after the animals are loaded, all the infected animals are to be condemned, burned and or buried at the expense of the owner. No compensation shall be paid for any animal destroyed.

Article IV
Branding

SECTION 5 - Upon arrival at the port of entry, the horses shall be inspected and examined by a veterinary quarantine officer of the Bureau of Animal Industry (BAI), and if found apparently free from dangerous and communicable animal disease be issued the necessary landing permit. The horses shall then be unloaded on leak proof truck or trailer and taken immediately to the branding place to be designated by the Director of Animal Industry where the horses will be branded by the Veterinary Quarantine Officer in the presence of Customs personnel as witnesses, in accordance with the provisions of Commonwealth Act No. 379 and rules and regulations issued thereunder.

Article IV
Validity of the Permit

SECTION 6 - All import permits shall be valid for six (6) months only from the date issued or up to the last day of the calendar year of issue whichever comes earlier. An expired permit may be extended provided it should not be for a period beyond the end if the current calendar year.

Article V
Penalty

SECTION 7 - Any importation of horses arriving in the Philippines without a priorly secured and duly approved import permit shall not be admitted, and shall be subjected to either:

a. Return or reexport of imported horse to the point of origin at the expense of the owner; or,

b. Upon application with and permission by the Commissioner of Customs, destruction of the imported horses, if within a reasonable time, the owner or consignee thereof fails to export the same.

SECTION 8. - Any person who shall contravene or violate any of the provisions of this Order, or who shall falsify, forge, counterfeit, alter, deface or destroy any certificate, pass, tag or any other legal paper issued by virtue of this Order shall suffer the penalty provided in the second paragraph of Section 2747 of the revised Administrative Code which a fine of not more than one thousand (P1,000.00) pesos or imprisonment for not more than thirty days (30) days, or both, in the discretion of the Court, and such other penalties as are prescribed by the Penal Code.

Article VI
Repealing Clause

SECTION 11 - Any provisions or portions of any order or rules and regulations in conflict with the provisions hereof are hereby repealed or modified accordingly.

Article VII
Effectivity

SECTION 12. - This order shall take effect immediately after publication in a newspaper of general circulation and filing three copies thereof with the U.P. Law Center.

Adopted: 30 May 1994

(SGD.) ROBERTO S. SEBASTIAN
Secretary