Title
Supreme Court
SPS Import Clearance Validity and Enforcement
Law
Administrative Circular No. 12
Decision Date
Dec 7, 2017
Emmanuel F. Piñol's Administrative Circular No. 12 mandates strict enforcement of the validity period for SPS Import Clearance, detailing specific "Must Ship Out by Dates" for various agricultural and fishery products to prevent confiscation of non-compliant shipments.

Law Summary

Must Ship Out By Date and Validity Period of SPSIC

  • The SPSIC indicates the period within which the consignment must leave the country of origin.
  • The validity period starts from the date of issuance of the SPSIC and varies by product type:
    • 15 days for live, fresh, and chilled fish
    • 45 days for frozen and other fish and fishery/aquatic products
    • 20 days for fresh and chilled fruits and vegetables
    • 60 days for eggs, milk and dairy products, animal feeds and feed ingredients, embryos and semen, frozen fruits and vegetables
    • 60 days for live animals, meats, veterinary drugs and products, fertilizers, pesticides, and other agricultural chemicals
    • 90 days for veterinary biological products
    • 60 days for all other unspecified products

Validity and Automatic Expiry of SPSIC

  • The SPSIC is valid only for the specified period unless revoked earlier for valid reasons.
  • Unused SPSIC automatically expires after the must ship out by date.

Shipment and Compliance Requirements

  • The product consignment must be loaded at the port of origin on or before the last day of the must ship out by date.
  • Only consignments shipped within the validity period of the SPSIC remain valid upon arrival at any Philippine international port.
  • Shipments with loading dates earlier than the SPSIC issuance date as indicated in the bill of lading are subject to confiscation.

Penalties and Enforcement

  • Non-compliance with the must ship out by date and validity requirements leads to confiscation of the shipment.
  • From 1 November 2017, shipments with expired or invalid SPSICs are subject to confiscation pursuant to Section VII of the relevant administrative order.

Legal Authority

  • The enforcement of these provisions is pursuant to DA Administrative Order No. 9, Series of 2010, Section III Rule F, and Administrative Circular No. 12, s. 2017 issued on 7 December 2017.
  • The Secretary of Agriculture oversees implementation and enforcement as per the circular signed by Emmanuel F. Pinol.

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.