Supreme Court E-Library
Information At Your Fingertips

WHEREAS, to safeguard the local stocks from the introduction of communicable animal diseases possibly introduced through imported animals, importation of gamefowls should be regulated; and

WHEREAS, there is a need to consolidate and revise the existing rules and regulations on the importation of gamefowls for breeding purposes and international derbies for the guidance of all concerned.

NOW, THEREFORE, I, LEONARDO Q. MONTEMAYOR, Secretary of the Department of Agriculture, pursuant to the provisions of Act No. 3639 and Executive Order No. 292 (Administrative Code of 1987) do hereby issue this Order.

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.         Gamefowl — any chicken belonging to the type, breed or strain of domesticated chicken, the males of which are principally raised for cockfighting.  For this purpose, eggs of such fowl shall be considered to be within the meaning of the term gamefowl and shall be covered by the provisions of this Order.

b.         Bonafide Gamefowl Breeder — refers to any person firm, company, association, society or corporation that has been breeding gamefowls for at least six (6) months and duly registered as such with the Livestock Development Division of the Bureau of Animal Industry.

c.         International Derby — refers to an international gamefowl competition duly authorized by the Games and Amusement Board and participated in by local and international cockers using imported and/or locally bred gamecocks.

d.         Cockfighting — refers to a competition, game, derby or its equivalent terms in different Philippine localities, where two (2) gamecocks with sharp/pointed spur are pitted to death.

e.         Cockpit — a duly licensed and registered arena where cockfighting competitions are regularly held.

f.          DA — refers to the Department of Agriculture

g.         Secretary — refers to the Secretary of DA

h.         GAB — refers to Games and Amusement Board

i.          BAI — refers to Bureau of Animal Industry

j.          Director — refers to the Director of BAI

k.         Person — refers to natural and juridical person.

ARTICLE II
Registration of Gamefowl Breeders

SECTION 1.       Application for Registration — any gamefowl breeder desiring to avail of the privileges under this Order shall register with the Bureau of Animal Industry, by filing the application stating the following:

a.      Name of applicant

b.      Postal address

c.       Telephone number

d.      Name of farm

e.      Location/Area of the farm

f.        Facilities in the farm

g.      Number of gamefowls according to sex, breed and age

h.       Copy of the by-laws, articles of incorporation, license and/or registration of entity, if applicable

i.        Signature of applicant

j.        Certification and/or attestation of the applicant as to the veracity of all information stated in the application and duly notarized

SECTION 2.       Farm Inspection — A duly authorized representative of the Bureau of Animal Industry shall conduct an inspection of the applicant’s farm immediately upon receipt of the application.

SECTION 3.       Registration — The Director shall register the applicant in the book of registration for Bonafide Gamefowl Breeder, upon favorable endorsement of the duly authorized BAI inspection Officer and the Chief, Livestock Development Division.  Said applicant must have complied with the following requirements:

a.         A gamefowl breeder with at least fifty (50) breeder hens and ten (10) breeder roosters or cocks raised principally for breeding purposes;

b.         A farm at least 1,000 square meters that has been in operation for at least six (6) months at the time of inspection with facilities stated below for the upkeep and breeding of gamefowls;

1.      Incubator

2.      Breeding facilities

3.      Growing pens

c.         With technical capability in handling farm operation;

d.         Farm records of pedigree of breeder gamefowl kept and maintained.

SECTION 4.       Effect of Registration — Registration under this Order shall confer upon the registrant the status of a Bonafide Gamefowl Breeder and shall be entitled to all the rights and privileges afforded by this order.

ARTICLE III
Qualified Importers

SECTION 1.       The qualified importers are the following:

a.         The bonafide gamefowl breeder accredited by the Bureau of Animal Industry;

b.         Person participating in an international derby competition which will be held in the Philippines;

c.         Non-commercial gamefowl breeder who wishes to bring into the Philippines a maximum of one (1) trio (2 hens and 1 cock) of gamefowl and thirty (30) hatching eggs.

ARTICLE IV
Importation of Gamefowl

SECTION 1.       For Commercial breeding purposes —

a.         Limitation — The Veterinary Quarantine Clearance (VQC) to Import shall be issued to a bonafide gamefowl breeder as defined in this Order.  The number of head that may be allowed shall be determined by the capacity of the designated quarantine facilities.

b.         Filing of Application — Any qualified person as herein described, desiring to import into the Philippines shall first file a written application with the Director of the Bureau of Animal Industry.

c.         Issuance of Veterinary Quarantine Clearance to Import — The Director shall issue VQC to import when in his judgment; the conditions imposed in this Order have been fully complied with.

d.         Conditions of Veterinary Quarantine Clearance to Import — Permit to import gamefowl for commercial breeding purposes issued under this Order shall be subject to the following conditions:

1.      That the imported gamefowl as specifically stated in the VQC to import shall be solely used for breeding purposes;

2.      That the imported gamefowl shall be quarantined at the designated quarantine site in the farm for at least thirty (30) days upon its arrival.  No animal shall be removed from the farm during its quarantine period.

3.      That the VQC to import shall be valid for three (3) months and good for one shipment only.  Failure to import the quantity allowed in the VQC to import will result in the forfeiture of the right to import the balance.

4.      That the VQC to import is non-transferable.

e.         Period of Arrival — Arrival of imported gamefowls into the country for breeding purposes shall henceforth be allowed throughout the year unless otherwise subsequently modified in an amendment to this Order.

SECTION 2.       For non-commercial breeding purposes —

a.         Limitation — The VQC to Import shall be issued for a maximum one (1) trio (two hens and 1 cock) of gamefowls and thirty (30) pieces of gamefowl hatching eggs per year.  The importer should physically bring the gamefowl/hatching eggs into the Philippines.

b.         Filing of Application — Any person desiring to import gamefowls into the Philippines should file a written application with the Director of the Bureau of Animal Industry in the form prescribed for the purpose.

c.         Issuance of Veterinary Quarantine Clearance to Import — The Director shall issue the VQC to Import when in his judgment the conditions imposed in this Order have been fully complied with.

d.         Conditions of Veterinary Quarantine Clearance to Import — The VQC to Import gamefowl for non-commercial breeding purposes issued under this Order shall be subject to the following conditions:

1.       That the imported gamefowl as specifically stated in the VQC to Import shall be solely used for breeding purposes;

2.       That the imported gamefowl shall be quarantined at the designated quarantine facilities of the importer for at least thirty (30) days upon its arrival.  No animal shall be removed from the quarantine facilities during its quarantine period;

3.       That the import permit shall be valid for three (3) months and good for one shipment only. Failure to import the quantity allowed in the VQC to Import will result in the forfeiture of the right to import the balance.

4.       That the import permit is non-transferable.

e.         Period of Arrival — Arrival of imported gamefowls into the country for breeding purposes shall henceforth be allowed throughout the year unless otherwise subsequently modified in an amendment to this Order.

SECTION 3.       For International Derby —

a.         Limitation — The VQC to Import shall be issued to any certified participants in an international derby, as defined in this Order.

b.         Filing of Application — Any participant in an international derby as duly certified by the Games and Amusement Board may apply in writing to the Director of the Bureau of Animal Industry for the issuance of VQC.

c.         Issuance of Veterinary Quarantine Clearance to Import — The Director shall issue the VQC to Import gamefowls for international derby competition in favor of the international/local counterpart when in his judgment the conditions imposed in this Order have been fully complied with.

d.         Conditions of Veterinary Quarantine Clearance to Import — The VQC to Import gamefowls for derby competition shall be subject to the following conditions:

1.      That the participant-applicant and/or his duly authorized representative has fully complied with all the requirements of the Games and Amusement Board (GAB), which proof of compliance shall be furnished to the Director of the Bureau of Animal Industry to include among others;

a.         Favorable endorsement on the request to import by the GAB;

b.         Photocopy of GAB certification authorizing the holding of the International Derby Competition specifying the dates, venue, and the list of confirmed foreign participants.

c.         Photocopy of the registration of the promoter.

2.         That the imported gamefowl as specifically stated in the VQC to Import shall be solely used for competition purposes;

3.      That the imported gamefowls shall be quarantined at the designated quarantine facilities of the importer for at least thirty (30) days upon its arrival. No animal shall be removed from the quarantine facilities during its quarantine period;

4.      That the import permit shall be valid for three (3) months and good for one shipment only. Failure to import the quantity allowed in the VQC to Import will result in the forfeiture of the right to import the balance.

5.      That the import permit is non-transferable.

e.      Period of Arrival — Importation of gamefowls for competition purposes may be allowed anytime once the VQC to Import has been issued but not later than thirty five (35) days preceding the first day of actual competition of the said derby as specifically stated in the corresponding import permit.

ARTICLE V
Other Requirements

SECTION 1.       Arrival Arrangement —

a.         Veterinary Quarantine Clearance to Import should be secured prior to the shipment of gamefowl.

b.         The Veterinary Quarantine Officer shall inspect the gamefowl and issue the Veterinary Quarantine Inspection Certificate if all necessary requirements (Unused Original Veterinary Quarantine Clearance to Import, International Veterinary Health Certificate, etc.) have been presented.

c.         Imported gamefowls shall be quarantined for a minimum of thirty (30) days from the date of arrival. No animal shall be removed from the quarantine site during the quarantine period.

SECTION 2.       Fees —

ARTICLE VI
Penalty Provisions

SECTION 1.       For bringing in gamefowls and gamefowl hatching eggs without proper Veterinary Quarantine Clearance to Import.

a.         Confiscation of gamefowls and gamefowl hatching eggs in favor of the Bureau of Animal Industry.

b.         Suspension of accreditation for two (2) years if accredited commercial gamefowl breeder.

c.         Cancellation of the privilege as an importer of gamefowls in the future if non-commercial breeder and an international derby participant.

SECTION 2.       Removal of animals from the quarantine site without the proper authority from the Director or his duly authorized representative.

a.         Suspension of accreditation for one (1) year if accredited commercial breeder

b.         Cancellation of the privilege as an importer of gamefowls in the future if non-commercial breeder and international derby participants.

c.         Accountable to any damage to local stocks should there be an outbreak of disease caused by the imported birds.

SECTION 3.       Penalties for other violations shall be subject to other DA rules and regulations and other applicable laws of the Republic of the Philippines.

ARTICLE VII
Non-Liability Clause

SECTION 1.       All charges in connection with the violation of the provisions of this Order shall be paid by the importer.

SECTION 2.       The BAI Director or his duly authorized representative shall not be held liable for damages to animals in the course of the implementation of the provisions of this Order.

ARTICLE VIII
Repealing Clause

SECTION 1.       This Order supersedes DA Administrative Order No. 133 series of 1990 and all other orders and/or circulars issued inconsistent herewith.

ARTICLE IX
Effectivity

SECTION 1.       This Order shall take effect after 15 days from the submission of three certified copies with the UP Law Center.

Adopted: 30 Sept. 2002

(SGD.) LEONARDO Q. MONTEMAYOR
Secretary

Recommending Approval:

(sgd.) JOSE Q. MOLINA, DVM, MVS
Director