Promulgating The Plant Quarantine Law of 1978, Thereby Revising and Consolidating Existing Plant Quarantine Laws to Further Improve and Strengthen The Plant Quarantine Service of The Bureau

Case Overview and Summary

Summary of Presidential Decree No. 1433 (Plant Quarantine Law of 1978)

Definitions
- Defines key terms such as "person", "Director", "Plant Quarantine Officer", "country", "carrier", "plants", "plant products", "potential animal pest", "packing materials", "plant pest", "quarantine orders", "commodity treatment", "port of entry", "importation", "plants/plant products in transit", "exportation", and "phytosanitary certification". (Section 2)

Importation of Plants and Plant Products
- Restricts the importation and introduction of plants, plant products, soil, and packing materials capable of harboring plant pests, subject to quarantine orders, rules, and regulations promulgated by the Director with the approval of the Secretary of Agriculture. (Section 3)

Importation of Potential Animal Pests
- Prohibits the importation of certain animal species that can become agricultural crop pests and cause injury to crops, except in limited quantities for justifiable purposes with a written permit from the Director of Plant Industry. (Section 4)

Commodities in Transit
- Requires a clearance from Plant Quarantine Officers for commodities mentioned in Sections 3 and 4, as well as food provisions of plant origin and plant ornaments on board carriers that are in transit. (Section 5)

Exportation of Plants and Plant Products
- Requires inspection and phytosanitary certification of plants, plant products, and other related materials capable of harboring plant pests, if the importing country requires it. (Section 6)

Inspection of Plants, Plant Products, Potential Animal Pests, and Other Materials
- Authorizes the Director to cause appropriate inspection and application of necessary plant quarantine measures for the commodities mentioned in Sections 3, 4, 5, and 6. (Section 7)

Domestic Quarantine of Plants and Plant Products
- Allows the Director and Plant Quarantine Officers to inspect, treat if necessary, and certify plants and plant products involved in domestic movement to prevent the spread of injurious plant pests. The Director may limit the movement of certain plants and plant products. (Section 8)

Appointment and Designation of Plant Quarantine Officers
- Authorizes the Director to appoint and/or specially designate Plant Quarantine Officers in writing to implement and enforce the provisions of this Decree. (Section 9)

Powers and Duties of Plant Quarantine Officers
- Outlines the powers and duties of Plant Quarantine Officers, including inspection of carriers, crew/passenger luggage, and incoming mail; entry and inspection of areas where plants, plant products, and other materials are landed, stored, or grown; examination and administration of necessary measures for imported commodities; inspection, treatment, and issuance of phytosanitary certificates for exports; confiscation and destruction or refusal of entry for prohibited importations and exports; and performance of other related duties. Plant Quarantine Officers are given police power and authority. (Section 10)

Non-liability Clause
- Specifies that all charges for storage, demurrage, cartage, labor, delays, disinfection/disinfestation, and other post-entry requirements shall be the responsibility of the importer or exporter, and the Bureau of Plant Industry and its representatives shall not be held liable for damages to the commodity during implementation. (Section 11)

Duties of Importers and Exporters
- Requires importers, exporters, or their authorized representatives to submit a declaration to the Director or authorized representatives, indicating details such as the name and address of the consignor/consignee, purpose, kind, nature, and quantity of commodities, country or locality of origin, place and date of unloading or embarkation, and the registered name of the carrier. (Section 12)

Entrance and Clearance of Carriers
- Requires owners, operators, agents, or masters of carriers flying international and domestic routes to serve a notice of arrival and departure, provide inward and outward cargo manifests and other declarations to the Plant Quarantine Officer at the port, and secure a clearance from the Plant Quarantine Officer prior to departure. The Collector of Customs shall require a copy of the Plant Quarantine Clearance certificate before issuing the Customs Clearance. (Section 13)

Collection of Fees
- Authorizes the Director to promulgate rules and regulations governing the collection of nominal regulatory fees for inspection, certification, import permits, commodity treatment, and others, on commodities mentioned in Sections 3, 4, and 6. The collections shall constitute the Revolving Fund of the National Plant Quarantine Service, subject to government accounting and auditing regulations. Exemptions are provided for government agencies, government-owned or controlled corporations, donations to registered relief organizations or charitable institutions, embassies of foreign governments, and those declared by the President in the interest of economic development, excluding expenses for commodity treatment. (Section 14)

Overtime Services
- Allows for the services of Plant Quarantine Officers, fumigators, and helpers performed outside office hours, as well as reimbursement of meal, transportation, lodging, and other incidental expenses, to be chargeable to the party or parties served at rates prescribed by the Secretary of Agriculture upon recommendation of the Director. (Section 15)

Cooperating Agencies
- Permits the Director to call upon other government agencies (military, civil, national, or local) when necessary for the implementation of plant quarantine regulations and dissemination of information to the public. (Section 16)

Authority to Promulgate Special Quarantine Orders, Rules, and Regulations
- Authorizes the Director, with the approval of the Secretary of Agriculture, to promulgate special quarantine orders, rules, and regulations to implement the provisions of this Decree. (Section 17)

Plant Quarantine Board
- Establishes a Plant Quarantine Board composed of representatives from various government agencies, importers, exporters, and other stakeholders, to assist the Director of Plant Industry in formulating orders, rules, and regulations for the effective implementation of this Decree. (Section 18)

Duties of the Board
- The Plant Quarantine Board shall act as an advisory body to assist the Director of Plant Industry in formulating orders, rules, and regulations for the effective implementation of this Decree. (Section 19)

Board Meetings
- The Board shall meet once every quarter or call special meetings when necessary, not exceeding four times annually. Members shall receive a per diem of Two Hundred Pesos (P200.00) per meeting. (Section 20)

Quorum
- A majority of the members of the Board shall constitute a quorum. (Section 21)

Appropriation for the Plant Quarantine Board
- An annual sum of Three Hundred Thousand Pesos (P300,000.00) is appropriated for the expenses of the Plant Quarantine Board. Any unexpended amount shall be reverted to the Plant Quarantine Revolving Fund. (Section 22)

Penalty Clause
- Any person, company, or corporation who violates the provisions of this Decree or forges, counterfeits, alters, defaces, or destroys any document issued under this Decree shall be fined not more than Twenty Thousand Pesos (P20,000.00) or imprisoned from prison correctional to prison mayor, or both, at the discretion of the Court. (Section 23)

Separability Clause
- If any provision of this Decree is found invalid, the remainder shall remain operative. (Section 24)

Repealing Clause
- All laws, rules, and regulations inconsistent with the provisions of this Decree are superseded or revoked accordingly. (Section 25)

Effectivity
- This Decree shall take effect immediately upon approval. (Section 26)