AN ACT STRENGTHENING THE REGULATORY CAPACITY OF THE DEPARTMENT OF HEALTH IN QUARANTINE AND INTERNATIONAL HEALTH SURVEILLANCE REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 123 OF 1947

Republic Act No. 9271

Summary of the Quarantine Act of 2004

Establishment and Authority of the Bureau of Quarantine (Sections 2-4):
- The Bureau of Quarantine under the Department of Health is established as a first-class line bureau with nationwide scope and international commitment to the International Health Regulations (IHR) of the World Health Organization (WHO). (Section 2)
- The Bureau has authority over incoming and outgoing vessels and aircraft, their cargoes, passengers, crews, and personal effects at ports of entry and exit in the Philippines. It conducts examinations, surveillance, and issues quarantine certificates, bills of health, or other equivalent documents. (Section 3)
- The Director of the Bureau, with the approval of the Secretary of Health, can promulgate and enforce rules and regulations to prevent the introduction, transmission, or spread of "public health emergencies of international concern" from foreign countries into the Philippines or from one domestic port to another. (Section 4)
- The regulations may provide for intervention strategies such as health education, inspections, fumigation, disinfection, pest extermination, vaccination, medical examination of aliens/foreigners, and destruction of infected or contaminated animals or articles. (Section 4)
- Immunization and other preventable measures against diseases of international concern may be made mandatory for all persons arriving at any seaport/airport of entry in the Philippines. (Section 4)
- The Secretary of Health may prescribe examination of individuals believed to be infected with a disease of international concern on board vessels and aircraft entering the Philippines. If found infected or exposed, they may be isolated aboard a vessel, in a hospital, at a quarantine station, or any isolation facility. (Section 4)

Prohibition of Entry of Hazardous Cargo and Materials (Section 5):
- If there is an existence of any public health emergency of international concern in a foreign country and imminent danger of the introduction of hazardous cargoes or materials into the Philippines, the Director of the Bureau may recommend to the President, through the Secretary of Health, the prohibition of its entry for public health interest. (Section 5)

Quarantine Stations (Section 6):
- The Director of the Bureau controls, directs, and manages all quarantine stations, grounds, and anchorages, and designates their boundaries. (Section 6)
- With the approval of the Secretary of Health, the Director can establish additional quarantine stations, grounds, and anchorages, or order the closure of non-functional ones. (Section 6)

Quarantine Documents/Clearances of Vessels and Aircraft (Section 7):
- All vessels or aircraft from foreign ports arriving in the Philippines must submit the required maritime declaration of health/general declaration and other prescribed documents. (Section 7)
- Ocean-going vessels or international aircraft from foreign ports calling at any seaport or airport in the Philippines must secure a quarantine clearance (Pratique) before customs clearance. (Section 7)
- All vessels or aircraft leaving any seaport or airport of the Philippines must secure quarantine outgoing clearance, which is also a prerequisite to customs clearance. (Section 7)

Penalties (Section 8):
- Any person who violates any regulation prescribed in this Act shall be fined not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00), or imprisoned for not more than one (1) year, or both, at the discretion of the court of competent jurisdiction. (Section 8)
- Any vessel or aircraft that violates any provision of this Act shall be fined not less than One Hundred Thousand pesos (P100,000.00) but not more than Five Hundred thousand pesos (P500,000.00). (Section 8)

Authority to Utilize Income (Section 9):
- The Bureau of Quarantine is authorized to use at least fifty percent (50%) of the income generated, subject to accounting and auditing rules and regulations. (Section 9)

Implementing Rules and Regulations (Section 10):
- The Department of Health shall promulgate the implementing rules and regulations of this Act within sixty (60) days after its enactment. (Section 10)

Separability Clause (Section 11):
- If any provision of this Act or its application to any person or circumstances is declared invalid, the remainder of the Act or its application to other persons or circumstances shall not be affected. (Section 11)

Repealing Clause (Section 12):
- Republic Act No. 123 of 1947, as amended, and all acts and regulations regarding foreign and local quarantine not consistent with this Act are hereby repealed. (Section 12)

Effectivity (Section 13):
- This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation. (Section 13)