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".
SEC. 2. Definition of Terms.—The following terms used in this Decree shall mean as follows:
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.
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.
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.
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.
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.
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.
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.
In the exercise of the powers and duties herein vested to Plant Quarantine Officers, they are hereby given police power and authority.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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 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.
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.
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 this 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 seventy-eight.
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
By the President: (Sgd.) JUAN C. TUVERA Presidential Assistant