Legal basis and authorities invoked
- The Order is issued pursuant to Act 3639.
- The Order is issued pursuant to Commonwealth Act No. 349 (including Sections 1762, 1765 and 1770 of the Revised Administrative Code).
- The Order is issued pursuant to Republic Act No. 7934 (the Consumer Act of the Philippines).
- The Order is issued pursuant to Department of Justice Opinion Nos. 147 and 88, Series of 1991 and 1993.
- The Order requires branding in accordance with Commonwealth Act No. 379 and its implementing rules and regulations.
Policy and purpose
- The Order prescribes and promulgates rules and regulations on the importation of horses for the information, guidance, and compliance of all concerned.
Definitions for horse categories
- A Race Horse is any horse, regardless of age, sex, breed, and conditions, of a type or breed commonly used as a race horse (e.g., thoroughbred) and registered as such in a recognized association or entity at the country of origin.
- A Riding Horse is any horse specially trained for pleasure and fancy riding, or for jumping and dressage purposes, and not covered by any other categories defined in the Order.
- A Polo Horse is any horse specially trained for riding and used in a game of polo.
- A Work Horse is any horse of a breed or type for draft or work purposes in a farm for driving cattle in a ranch; a Quarter Horse may be considered a work horse provided it is used primarily for driving cattle in a ranch, otherwise it is classified as a riding horse.
- A Circus Horse is any horse specially trained to perform in a circus for amusement purposes.
Persons qualified to import
- Importation of horses of any class, breed, or type, and number is allowed if the importer-owner meets the qualifications in this Article.
- For a Race Horse, the importer-owner must be a duly registered race horse breeder in the Philippines, certified as such by the National Stud Farm and the Philippine Racing Commission.
- For a Riding Horse, the importer-owner must be a bona fide owner of an accredited riding school and/or a member of a recognized riding club in the Philippines.
- For a Polo Horse, the importer-owner must be a member of an accredited and duly registered Polo Club in the Philippines.
- For a Work Horse, any person may import if proof of actual need of use of the horse is duly presented.
- For a Circus Horse, only persons or corporations, firms, associations, or legal entities owning 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 bring circus horses into the Philippines.
- An import permit issued to a qualified importer-owner is non-transferable.
- An import permit is revocable at any time as the interests of the public and the government service may require.
Quarantine requirements on entry
- All horses admitted to enter the Philippines are subject to all veterinary quarantine requirements under existing laws, orders, rules, and regulations, and to the conditions specified on import permits.
- Before processing the permit, an inspection of the quarantine site must be made by a BAI-deputized veterinary quarantine officer.
- If the inspection finds the criteria for suitable quarantine satisfactory, the permit to import is processed.
- Upon arrival, horses are placed under quarantine for thirty (30) days under the supervision of a BAI-deputized Veterinary Quarantine Officer.
- During the isolation period, horses may not be removed from the quarantine location.
- While in quarantine, horses are subjected to periodic inspection and serological testing by the authorized representative of the Director of the Bureau of Animal Industry.
- The owner/importer bears all costs for inspection and serological testing.
- If any of the specified diseases break out after loading, all infected animals are to be condemned, burned and or buried at the expense of the owner.
- No compensation is paid for any animal destroyed.
Landing inspection and branding
- Upon arrival at the port of entry, horses must be inspected and examined by a veterinary quarantine officer of the Bureau of Animal Industry (BAI).
- If horses are found apparently free from dangerous and communicable animal diseases, a landing permit is issued.
- After the landing permit is issued, horses must be unloaded on a leakproof truck or trailer.
- Horses must be taken immediately to the branding place designated by the Director of Animal Industry.
- Branding is done by the Veterinary Quarantine Officer in the presence of Customs personnel as witnesses.
- Branding must comply with Commonwealth Act No. 379 and its rules and regulations.
Import permit validity and extension
- Import permits are 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.
- Any extension must not be beyond the end of the current calendar year.
Penalties and sanctions for violations
- Horses arriving without a priorly secured and duly approved import permit are not admitted.
- Such non-admitted horses are subject to either:
- Return or re-export to the point of origin at the expense of the owner, or
- Destruction of the imported horses upon application with and permission by the Commissioner of Customs, if the owner or consignee fails to export within a reasonable time.
- Violators who contravene or violate the Order, or who falsify, forge, counterfeit, alter, deface, or destroy any certificate, pass, tag, or other legal paper issued by virtue of the Order are liable to prosecution.
- Upon conviction, the penalty is the one under the second paragraph of Section 2747 of the Revised Administrative Code: a fine of not more than PHP 1,000.00 or imprisonment of not more than thirty (30) days, or both, at the discretion of the Court.
- The Court may impose other penalties as prescribed by the Penal Code.
Repealing conflicts and modification
- Any provisions or portion of any order or rules and regulations that conflict with the Order are repealed or modified accordingly.