REVISED RULES AND REGULATIONS ON THE IMPORTATION OF GAMEFOWLS INTO THE PHILIPPINES

WHEREAS, to safeguard the local
stocks from the introduction of communicable animal diseases possibly
introduced through imported animals, importation of gamefowls should be regulated; and

WHEREAS, there is a need to consolidate and revise the existing rules and regulations on the importation of gamefowls for breeding purposes and international derbies for the guidance of all concerned.

NOW, THEREFORE, I, LEONARDO Q.
MONTEMAYOR, Secretary of the Department of Agriculture, pursuant to the
provisions of Act No. 3639 and Executive Order No. 292 (Administrative
Code of 1987) do hereby issue this Order.

ARTICLE 1
Definition of Terms

SECTION 1.       As contemplated in this Order, the following terms, words and phrases herein used shall be construed to mean as follows:

a.         Gamefowl
— any chicken belonging to the type, breed or strain of domesticated
chicken, the males of which are principally raised for cockfighting.  For this purpose, eggs of such fowl shall be considered to be within the meaning of the term gamefowl and shall be covered by the provisions of this Order.

b.         Bonafide Gamefowl Breeder — refers to any person firm, company, association, society or corporation that has been breeding gamefowls
for at least six (6) months and duly registered as such with the
Livestock Development Division of the Bureau of Animal Industry.

c.         International Derby — refers to an international gamefowl
competition duly authorized by the Games and Amusement Board and
participated in by local and international cockers using imported and/or
locally bred gamecocks.

d.         Cockfighting
— refers to a competition, game, derby or its equivalent terms in
different Philippine localities, where two (2) gamecocks with
sharp/pointed spur are pitted to death.

e.         Cockpit — a duly licensed and registered arena where cockfighting competitions are regularly held.

f.          DA — refers to the Department of Agriculture

g.         Secretary — refers to the Secretary of DA

h.         GAB — refers to Games and Amusement Board

i.          BAI — refers to Bureau of Animal Industry

j.          Director — refers to the Director of BAI

k.         Person — refers to natural and juridical person.

ARTICLE II
Registration of Gamefowl Breeders

SECTION 1.       Application for Registration — any gamefowl
breeder desiring to avail of the privileges under this Order shall
register with the Bureau of Animal Industry, by filing the application
stating the following:

a.      Name of applicant

b.      Postal address

c.       Telephone number

d.      Name of farm

e.      Location/Area of the farm

f.        Facilities in the farm

g.      Number of gamefowls according to sex, breed and age

h.       Copy of the by-laws, articles of incorporation, license and/or registration of entity, if applicable

i.        Signature of applicant

j.        Certification
and/or attestation of the applicant as to the veracity of all
information stated in the application and duly notarized

SECTION 2.       Farm Inspection — A
duly authorized representative of the Bureau of Animal Industry shall
conduct an inspection of the applicant’s farm immediately upon receipt
of the application.

SECTION 3.       Registration — The Director shall register the applicant in the book of registration for Bonafide Gamefowl
Breeder, upon favorable endorsement of the duly authorized BAI
inspection Officer and the Chief, Livestock Development Division.  Said applicant must have complied with the following requirements:

a.         A gamefowl breeder with at least fifty (50) breeder hens and ten (10) breeder roosters or cocks raised principally for breeding purposes;

b.         A
farm at least 1,000 square meters that has been in operation for at
least six (6) months at the time of inspection with facilities stated
below for the upkeep and breeding of gamefowls;

1.      Incubator

2.      Breeding facilities

3.      Growing pens

c.         With technical capability in handling farm operation;

d.         Farm records of pedigree of breeder gamefowl kept and maintained.

SECTION 4.       Effect of Registration — Registration under this Order shall confer upon the registrant the status of a Bonafide Gamefowl Breeder and shall be entitled to all the rights and privileges afforded by this order.

ARTICLE III
Qualified Importers

SECTION 1.       The qualified importers are the following:

a.         The bonafide gamefowl breeder accredited by the Bureau of Animal Industry;

b.         Person participating in an international derby competition which will be held in the Philippines;

c.         Non-commercial gamefowl breeder who wishes to bring into the Philippines a maximum of one (1) trio (2 hens and 1 cock) of gamefowl and thirty (30) hatching eggs.

ARTICLE IV
Importation of Gamefowl

SECTION 1.       For Commercial breeding purposes —

a.         Limitation — The Veterinary Quarantine Clearance (VQC) to Import shall be issued to a bonafide gamefowl breeder as defined in this Order.  The number of head that may be allowed shall be determined by the capacity of the designated quarantine facilities.

b.         Filing of Application — Any qualified person as herein described, desiring to import into the Philippines shall first file a written application with the Director of the Bureau of Animal Industry.

c.         Issuance
of Veterinary Quarantine Clearance to Import — The Director shall issue
VQC to import when in his judgment; the conditions imposed in this
Order have been fully complied with.

d.         Conditions of Veterinary Quarantine Clearance to Import — Permit to import gamefowl for commercial breeding purposes issued under this Order shall be subject to the following conditions:

1.      That the imported gamefowl as specifically stated in the VQC to import shall be solely used for breeding purposes;

2.      That the imported gamefowl shall be quarantined at the designated quarantine site in the farm for at least thirty (30) days upon its arrival.  No animal shall be removed from the farm during its quarantine period.

3.      That the VQC to import shall be valid for three (3) months and good for one shipment only.  Failure to import the quantity allowed in the VQC to import will result in the forfeiture of the right to import the balance.

4.      That the VQC to import is non-transferable.

e.         Period of Arrival — Arrival of imported gamefowls
into the country for breeding purposes shall henceforth be allowed
throughout the year unless otherwise subsequently modified in an
amendment to this Order.

SECTION 2.       For non-commercial breeding purposes —

a.         Limitation — The VQC to Import shall be issued for a maximum one (1) trio (two hens and 1 cock) of gamefowls and thirty (30) pieces of gamefowl hatching eggs per year.  The importer should physically bring the gamefowl/hatching eggs into the Philippines.

b.         Filing of Application — Any person desiring to import gamefowls into the Philippines should file a written application with the Director of the Bureau of Animal Industry in the form prescribed for the purpose.

c.         Issuance
of Veterinary Quarantine Clearance to Import — The Director shall issue
the VQC to Import when in his judgment the conditions imposed in this
Order have been fully complied with.

d.         Conditions of Veterinary Quarantine Clearance to Import — The VQC to Import gamefowl for non-commercial breeding purposes issued under this Order shall be subject to the following conditions:

1.       That the imported gamefowl as specifically stated in the VQC to Import shall be solely used for breeding purposes;

2.       That the imported gamefowl shall be quarantined at the designated quarantine facilities of the importer for at least thirty (30) days upon its arrival.  No animal shall be removed from the quarantine facilities during its quarantine period;

3.       That
the import permit shall be valid for three (3) months and good for one
shipment only. Failure to import the quantity allowed in the VQC to
Import will result in the forfeiture of the right to import the balance.

4.       That the import permit is non-transferable.

e.         Period of Arrival — Arrival of imported gamefowls
into the country for breeding purposes shall henceforth be allowed
throughout the year unless otherwise subsequently modified in an
amendment to this Order.

SECTION 3.       For International Derby —

a.         Limitation
— The VQC to Import shall be issued to any certified participants in an
international derby, as defined in this Order.

b.         Filing of Application — Any
participant in an international derby as duly certified by the Games
and Amusement Board may apply in writing to the Director of the Bureau
of Animal Industry for the issuance of VQC.

c.         Issuance of Veterinary Quarantine Clearance to Import — The Director shall issue the VQC to Import gamefowls
for international derby competition in favor of the international/local
counterpart when in his judgment the conditions imposed in this Order
have been fully complied with.

d.         Conditions of Veterinary Quarantine Clearance to Import — The VQC to Import gamefowls for derby competition shall be subject to the following conditions:

1.      That
the participant-applicant and/or his duly authorized representative has
fully complied with all the requirements of the Games and Amusement
Board (GAB), which proof of compliance shall be furnished to the
Director of the Bureau of Animal Industry to include among others;

a.         Favorable endorsement on the request to import by the GAB;

b.         Photocopy
of GAB certification authorizing the holding of the International Derby
Competition specifying the dates, venue, and the list of confirmed
foreign participants.

c.         Photocopy of the registration of the promoter.

2.         That the imported gamefowl as specifically stated in the VQC to Import shall be solely used for competition purposes;

3.      That the imported gamefowls
shall be quarantined at the designated quarantine facilities of the
importer for at least thirty (30) days upon its arrival. No animal shall
be removed from the quarantine facilities during its quarantine period;

4.      That
the import permit shall be valid for three (3) months and good for one
shipment only. Failure to import the quantity allowed in the VQC to
Import will result in the forfeiture of the right to import the balance.

5.      That the import permit is non-transferable.

e.      Period of Arrival — Importation of gamefowls
for competition purposes may be allowed anytime once the VQC to Import
has been issued but not later than thirty five (35) days preceding the first day of actual competition of the said derby as specifically stated in the corresponding import permit.

ARTICLE V
Other Requirements

SECTION 1.       Arrival Arrangement —

a.         Veterinary Quarantine Clearance to Import should be secured prior to the shipment of gamefowl.

b.         The Veterinary Quarantine Officer shall inspect the gamefowl
and issue the Veterinary Quarantine Inspection Certificate if all
necessary requirements (Unused Original Veterinary Quarantine Clearance
to Import, International Veterinary Health Certificate, etc.) have been
presented.

c.         Imported gamefowls
shall be quarantined for a minimum of thirty (30) days from the date of
arrival. No animal shall be removed from the quarantine site during the
quarantine period.

SECTION 2.       Fees —

ARTICLE VI
Penalty Provisions

SECTION 1.       For bringing in gamefowls and gamefowl hatching eggs without proper Veterinary Quarantine Clearance to Import.

a.         Confiscation of gamefowls and gamefowl hatching eggs in favor of the Bureau of Animal Industry.

b.         Suspension of accreditation for two (2) years if accredited commercial gamefowl breeder.

c.         Cancellation of the privilege as an importer of gamefowls in the future if non-commercial breeder and an international derby participant.

SECTION 2.       Removal
of animals from the quarantine site without the proper authority from
the Director or his duly authorized representative.

a.         Suspension of accreditation for one (1) year if accredited commercial breeder

b.         Cancellation of the privilege as an importer of gamefowls in the future if non-commercial breeder and international derby participants.

c.         Accountable to any damage to local stocks should there be an outbreak of disease caused by the imported birds.

SECTION 3.       Penalties
for other violations shall be subject to other DA rules and regulations
and other applicable laws of the Republic of the Philippines.

ARTICLE VII
Non-Liability Clause

SECTION 1.       All charges in connection with the violation of the provisions of this Order shall be paid by the importer.

SECTION 2.       The
BAI Director or his duly authorized representative shall not be held
liable for damages to animals in the course of the implementation of the
provisions of this Order.

ARTICLE VIII
Repealing Clause

SECTION 1.       This
Order supersedes DA Administrative Order No. 133 series of 1990 and all
other orders and/or circulars issued inconsistent herewith.

ARTICLE IX
Effectivity

SECTION 1.       This Order shall take effect after 15 days from the submission of three certified copies with the UP Law Center.

Adopted: 30 Sept. 2002

(SGD.) LEONARDO Q. MONTEMAYOR
Secretary

Recommending Approval:

(sgd.) JOSE Q. MOLINA, DVM, MVS
Director