Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HotJSE BILL No.   9,114
AN ACT STRENGTHENING AND RATIONALIZING THE REGULATORY
CAPACITY OF TIIE BUREAU 0F QUARANTINE (B0Q), RENAMING IT TO
PHILIPPINE QUARANTINE AUTHORITY (PQA), AMENDING CERTAIN
SECTIONS OF REPUBLIC ACT 9271 (RA 9271), AND APPROPRIATING
FUNDS THEREFOR
Introduced by AKO BICOL PARTYLIST Representative
Raul Angelo "uil" D. Bongalon
EXPLANATORY NOTE
The State is mandated to promote the health and well-being of every
Filipino, as enshrined in Article 2,  Section  15 of the Philippine Constitution
which provide that:
SECTION 15. The State shall protect arid promote the righi to health
of the people arid i,usti.Il health corrscic}usness cmo:ng them.
It  has  been  observed  that  there  is  a three  to  five-year  trend  in  the
occurrence   of  Public   Health   Emergency  of  International   Conceni   and
Pandemic  over  a rapidly  increasing connectivity among  people,  trade  and
modem technology which policies and regulations must adopt.
In its effort to protect the public from threat of health emergency and
pandemic, there is a need to strengthen the regulatory power and coverage of
the Bureau of Quarantine with due consideration of the rapidly expanding
trade and travel in the country.


Such  regulatory  framework  must  be  aligned  with  the  International
Health  Regulation  of the  World  Health  Organization  in  Integrated  Vector
Management   and    for   easy   prevention,    containment   and    mitigation
considering from SARS to COVID  19 all outbreaks are of Zoonotic origin.
Moreover, all hazard approach in detection and prevention of spread of
diseases  and  public  health  risk  to  must  also  be  harmonized  with  the
International Health Regulation of the World Health Organization.
On  a  local  scale,  a  standardize  protocol  on  quarantine,  isolation,
quarantine lockdown nationwide may be included in the Regulatory mandate
of the Bureau in order to manage resources and not to overwhelm hospital
by not using hospital facility, and completely containing exposed individual
prior to manifestation of signs and symptoms.
In the same light there is a need to harmonize with other existing new
laws  such  as  RA  10611,  The  New  Food  Safety  Law,  and  nationalize  the
implementation of Quarantine laws as well particularly during pandemic.
In view of the foregoing and in order to address future health concerns,
the passage of this Bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HoufsE BILL No.   9114
AN ACT STRENGTHENING AND RATIONALIZING THE REGULATORY
cAPAclTv oF THE BUREAu oF QUARAlrTINE (BOQ), RENAMING IT To
PHILIPPINE QUARANTINE AUTHORITY (PQA), AMENDING CERTAIN
SECTIONS OF REPUBLIC ACT 9271 (RA 9271|, AND APPROPRIATING
FUNDS THEREFOR
Introduced by AKO BICOL PARTYLIST Representative
Haul Angelo "Jil" D. Bongalon
SECTION  1. Title. -This Act shall be known as the "Philippine Quarantine
Authority Act of 2023".
SECTION  2.  Change  of  Name.  -  The  Bureau  of  Quarantine  is  hereby
renamed as the Philippine Quarantine Authority (PQA).
SECTION 3. Declaration of Polices. - It is the declared policy of the State to
improve the delivery of health care services to the people, and to protect the
people from public health threats during public health emergencies through
the  efficient  and  effective  response  system  for  emerging  and  re-emerging
infectious diseases, diseases for elimination and eradication, epidemics, and
health     events,     including     chemical,     biological,     radio-nuclear     and
environmental agents of public health concern. Pursuant to this policy, the
State must enhance the regulatory policy to  strengthen its capability with
regard to the inspection,  surveillance,  apprehension,  and detention of any
public health threats.


SECTION 4. Reinstitution of Military Rank of Commissioned Officers of
the PQA. - The Director General shall have the rank of Rear Admiral or higher
and  all  quarantine  medical  officers,  including  other  allied  health  officers,
under  him  shall  have  the  ranks  of  Commodore,   Captain,  Commander,
Lieutenant Commander, Lieutenant (senior grade), Lieutenant 0.unior grade).
Such quarantine officers shall be commissioned by the President, upon the
recommendation of the Director General of the PQA with the approval of the
Secretary of Health.
SEC'I`ION 5. Sections 3 to 5 of Republic Act (RA) No. 9271, known as the
Quarantine Act of 2004, are hereby amended to read as follows:
SECTION  5.  Jurisdictions  of  the  PQA.   -  The  following  are  the
jurisdictions of the PQA:
a.  The examination at points of entry and exit in the Philippines of
incoming  and  outgoing  vessels  and  alrcrafts,   the  necessary
surveillance over their sanitary conditions,  as well as over their
cargoes,  passengers,  crews,  and  all  personal  effects,  and  the
issuance  of  quarantine  certificates,   bills  of  health,   or  other
equivalent documents;
b.  The  examination  of inter-island  ports  of entry  and  exit  in  the
Philippines of incoming and outgoing vessels and aircrafts, their
sanitary    conditions,    and    the    necessary    surveillance    on
passengers and crew. In the event of quarantine certificates, bills
of threat, examination over their cargoes, all personal effects, the
issuance  of  quarantine  certificates,   bills  of  health,   or  other
equivalent documents shall be vested in and be conducted by the
PQA;
c.  The  PQA  shall  have  jurisdiction  over  incoming  and  outgoing
vessels  and  aircrafts,  both  domestic  and  foreign,  private  and
government-owned, including those of the armed forces;
d.  Authority over quarantine stations nationwide;
e.  The wharfage, seaport, and airport terminals, including the 400-
meter controlled perimeter for vector management program;
f.   Food service establishments, service provider for food and water
supplies at seaport and airport terminals and inside perimeter;
and


9.  Authority   over   designated   national   quarantine   facilities   for
international travelers.
SECTION 6. -Section 2 of RA No. 9271, is hereby amended to read as
follows:
SECTION 6. Powers and Functions. - The PQA, with the category
of a rirst-class line agency under the Department of Health, shall
have the fouowing powers and functions:
a.  A nationwide scope of functions and international commitment in
accord  with  the  International  Health  Regulations  (IHR)  of the
World Health Organization;
b.  Authority to conduct surveillance, apprehension,  and detention
of  any  individuals  and  goods  considered  as  imminent  public
health threat;
c.  Authority to  uphold preventive  care to  travelers by formulating
policies and guidelines on core components of travel medicine and
code of ethical practice of travel medicine in the country;
d.  Authority   to   establish   and   maintain   quarantine   facilities
nationwide with international ports;
e.  To grant, within its capabilities and consistent with its mandate,
request  for  assistance  of  other  government  agencies  in  the
performance of their functions;
f.   Authority to  detain  and  hold  all  passengers,  vessels,  aircrafts,
and cargoes found violating quarantine laws of the Philippines;
and
9.  To perform  such other functions that may be necessary in the
attainment of the objectives of this Act.
SECTION  7.  The  Director  General  and  Other  Officers  of PQA.  -  The
following are the officers of PQA and their qualifications:
a.  The  PQA  shall  be  headed  by  a  Director  General,  with  the  rank  of
Undersecretary, who must be a Doctor of Medicine, preferably with a
relevant master's degree in public health. In addition, he or she shall
have  management  experience  in  his  or  her  field  or  discipline  or
profession and in any development, surveillance, or regulatory work as


covered in this Act.
b.  The  Director  General  shall  be  assisted  by  two  (2)  Deputy  Director
Generals,   one   for   F`ield   Regulatory   Operations   and   another   for
Administration and F`inance.
c.  The Director General and Deputy Director Generals shall be appointed
by the President of the Republic of the Philippines from among the flag
officers in the PQA.
d.  The  Deputy  Director  General  for  F`ield  Regulatory  Operations  of the
PQA, with the rank of Assistant Undersecretary, must be a Doctor of
Medicine, preferably with a relevant master's degree in public health.
In addition, he or she shall have management experience in his or her
field or discipline or profession and in any development, surveillance,
or regulatory work as covered in this Act.
e.  The  Deputy  Director  General  for Administration  and  Finance  of the
PQA, with the rank of assistant secretary,  shall be a lawyer,  certified
public accountant  or shall  possess  a master's  degree in  accounting,
management,    economics    or    any    business    course,    and    have
management  experience  in  a  position  related  to  his  or  her  field  of
discipline or profession.
f.   Each  field  operation  cluster  and  finance  and  administrative  cluster
shall be headed by a Director who  shall be  assisted by an assistant
director. These directors shall be appointed by the President upon the
recommendation of Secretary of Health.
9.  The existing Directors and Division Chiefs shall be given preference in
the  appointment  as  Deputy  Director  General,  provided  that  if  the
current  officers  of the PQA applying for the  above positions lack the
required third level civil service eligibility, they will have to comply with
the  said  requirement  within  three  (3)  years  from  the  appointment,
otherwise their appointment shall be revoked immediately;
h.  The Director General shall control, direct and manage all quarantine
stations, grounds, anchorages and designate their boundaries. With the
approval of the Secretary of Health, he shall establish such additional
quarantine stations, grounds and anchorages. The Director General, in
the  same  manner,   may  also   order  the  closure  of  non-functional
quarantine stations, grounds and anchorages; and
i.   The  Director  General  has  the  authority  to  appoint  personnel  from


assistant director and below, as deemed necessary.
SECTION  8.  Section 7  of RA No.  9271  is hereby  amended to  read  as
fouows:
SECTION 8.  Quarantine  Documentary Requirements and Bills of
Health. -
a.  AIl vessels or aircraft from foreign ports arriving at any port of the
Philippines  shall  be  required  to  submit  the  required  maritime
declaration   of   health   and   general   declaration   and   other
documents as prescribed by the regulations;
b.  AIl  ocean-going  vessels  or  international  aircraft  from  foreign
seaports  or  airports  calling  at  any  seaport  or  airport  in  the
Philippines to disembark its passengers or discharge its cargo, or
for  other  purposes  must  secure  a  quarantine   clearance  in
compliance   with    the   health    regulations.    This    quarantine
certificate  or  clearance   (Pratique)   shall  be  a  prerequisite  to
customs clearance;
c.  After compliance with the quarantine laws and regulations,  all
vessels or aircraft leaving any seaport or airport of the Philippines
shall  secure  quarantine  outgoing  clearance.  This  certificate  or
clearance  shall  also  be  a prerequisite  to  customs  clearance  of
outgoing vessels and aircraft;
d.  Compliance with the quarantine laws and regulations, all vessels
or aircraft entering and leaving any domestic seaport or airport of
the   Philippines   shall   secure   quarantine   documents   during
outbreak or regional public health emergency;
e.  Compliance  with  the  quarantine  laws  and  regulations  of  all
Filipinos  and  Non-  Filipinos,  to  secure  bills  of  health  during
outbreak  or  national  public  health  emergency  for  local  and
international travel; and
f.   Compliance with other documents required  by WHO  and other
international and national regulatory bodies.


SECTION 9.  Section 8  of RA No.  9271  is hereby amended to read as
fouows:
SECTION 9. Penalties. -
a.  Penalties for persons violating quarantine laws
i.     Whoever violates or refuses to comply with the provisions of
this Act or whoever enters or departs from the limits of any
quarantine  stations,  grounds  or  anchorages  without  prior
compliance  with  the  quarantine  rules  and  regulations  or
without permission from the quarantine officer in charge, shall
be punished by a fine of not less than Fifty Thousand Pesos
(Php50,000.00)  but  not  more  than  One  Hundred  Thousand
Pesos (Phploo,000.00), or by imprisonment of not more than
one (1) year, or both, at the discretion of the court.
ii.     If the act or omission penalized by this Act be committed by
an    association,    partnership,    corporation    or   any   other
institution, its managing head, directors or partners shall be
liable to the penalties provided in this Act for the offense.
iii.      Criminal action arising from a violation of the provisions of this
Act may be commenced by the PQA either under this Act, or
in appropriate cases, under the Revised Penal Code. Provided,
that such criminal action may be filed by the PQA in the city
or municipality where the PQA Quarantine Station is located
if the violation was committed within its territorial jurisdiction
or in Metro Manila, at the option of the PQA.
b. Administrative Penalties
i.     The PQA shall, motu proprio or upon a complaint or charge by
any   individual,   corporation,   association,   or   organization,
against any person, vessel or aircraft or any of its personnel
who violated the provisions of this Act, its Implementing Rules
and Regulations, terms and conditions, orders, instructions or
rules  and  regulations  of PQA,  investigate  and verify if such
person vessel, aircraft or any of its personnel, is guilty of the
charges or complaints.
ii.     Any person who violated or otherwise failed to comply with the
terms   and   conditions,   orders,   instructions   or   rules   and
regulations of the PQA shall be subject to a fine of at least Fifty


Thousand   Pesos   (Php50,OOO.00)   but   not   exceeding   One
Hundred  Thousand  Pesos  (Phpl00,000.00),  and  the  PQA  is
hereby authorized and empowered to impose such fine, after
due notice and hearing.
iii.     Any  vessel  or  aircraft  who  violated  or  otherwise  failed  to
comply with the terms and conditions, orders, instructions or
rules and regulations of the PQA shall be subject to a fine of
at   least   F`ifty   Thousand   Pesos    (Php50,OOO.00)    but   not
exceeding  One  Hundred  Thousand  Pesos  (Phploo,OOO.00),
and the PQA is hereby authorized and empowered to impose
such fine, after due notice and hearing.
iv.     The fines so imposed shall be paid to the PQA, and failure to
pay the fine in any case within the period specified in the order
or decision  of the  PQA  shall  be  deemed  good  and  sufficient
reason for withholding the operation of the vessel or aircraft
until payment shall be made. Payment may also be enforced
by   appropriate   action   brought   in   a   court   of  competent
jurisdiction. The remedy provided in this section shall not be
a bar to, or affect any other remedy provided in this Act but
shall   be   cumulative   and   additional   to   such   remedy   or
remedies.
v.      Implementation of the orders or decisions of the PQA may also
be enforced by mandarnus or injunction in appropriate cases,
or by action to compel the specific performance of the orders
or decisions so made, or of the duties imposed by this Act upon
such person, vessel or aircraft.
SECTION 10. Fees and Other Incomes -
a.  Upon the sole approval of the Secretary of Health, the authorization and
other fees shall be reviewed by the PQA every three (3) years.
b.  There shall be determined and constituted additional fees such as sale
of publications  and  services,  assessment  fees,  fines,  penalties,  and
other fees and charges outside the usual fees such as but not limited
to vaccination, laboratory, quarantine permits; to be known as "other
related regulatory fees".
c.  The  Director  General  of the  PQA,  upon  approval  of the  Secretary  of
Health,   shall   be  authorized   to   promulgate  rules   and   regulations
governing the collection of the "other related regulatory fees".


SECTION.  11. Section 9 of RA No. 9271 is hereby amended as follows:
SECTION  11. Authority to Utilize Incomes. -AIl incomes allowed to
be retained and deposited in an authorized government depository bank
as a special regulatory fund.  Any interest earned by such fund shall
form part of the retained income. Such fund shall be used primarily to
augment the MOOE and Capital Outlay requirements.
SECTION  12.  Appropriations.  -  The  amount  necessary  to  establish  and
operate  quarantine  facilities  and  stations  shall  be included  in  the  annual
General Appropriations Act.
SECTION  13. Section  10 of RA No. 9271 is hereby amended to read as
fouows:
SECI`ION 13. Implementing Rules and Regulations. - The PQA shall
promulgate the implementing rules and regulations of this Act within
sixty (60) days after the enactment of this Act.
SECTION.  14. Separability Clause. - In the event any provision of this Act
or  the  application  of  such  provision  to  any  person  or  circumstances  is
declared invalid, the remainder of this Act or the application of said provisions
to other persons or circumstances shall not be affected by such declaration.
SECTION  15.  Repealing Clause.  - AIl acts regarding quarantine rules and
regulations not consistent with this Act are hereby repealed.
SECTION  16. Effectivity. -This Act shall take effect fifteen (15)  days after
its  complete  publication in the Official  Gazette  or at least two  (2)  national
newspapers of general circulation.
Approved,