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FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. No. 2058 
Introduced by Senator EDGARDO J. ANGARA 
EXPLANATORY NOTE 
TM backbone of the Philippine economy remains to be the agriculture and fisheries 
industry, More than ever before, the country faces the challenge of achieving food security 
under the looming threat of a global food crisis caused by, among others, spiraling fuel and 
energy costs and the degradation of the world's natural resources. 
Thus, the landmark Agriculture and Fisheries Modernization Act of 1997 (AFMA) 
provides the policies and plans to the continuing modernization and development of the 
agriculture and fishery sector amid the ever-changing demands of globalization and food 
security, 
The success of AFMA depends on the men and women who comprise the 
agriculture and fishery development workers. This bill seeks to accelerate the development 
and modernization of Philippine agriculture and more importantly, improve the economic 
and social well-being of agriculture and fishery development workers as well as their 
working condition and employment status, 
The bill affirms the rights of workers identified as follows: (a) security of tenure; 
(b) prohibition of discrimination; (c) safeguards in administrative privileges; (d) normal 
working hours and overtime work; (e) training and scholarship; (f) right to join 
organization; (g) freedom from interference or coercion; and (h) human resource 
development. The bill also provides for incentives and rewards system. 
In view ofthe foregoing, the passage of the bill is earnestly sought. 
1 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 2058 
-'.,' 
> 
10 ,IlL 26P6 :12. 
.. MCEIVEO flY: ~ 
Introduced by Senator EDGARDO J. ANGARA 
AN ACT 
PROVIDING FOR A MAGNA CARTA OF 
AGRICULTURE AND FISHERY DEVELOPMENT WORKERS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
I 
SECTION 1. Title. - This Act shall be known as the "Magna Carta of 
2 
Agriculture and Fishery Development Workers. " 
3 
4 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
5 
accelerate the development and modernization of Philippine agriculture and improve the 
6 
economic and social well-being of agriculture and fishery development workers as well 
7 
as their working condition and employment status. The state shall likewise develop their 
8 
skills, knowledge, orientation and capabilities so that they will become more responsive 
9 
and effective in providing the necessary services for countryside development. 
10 
11 
SEC. 3. Definition of Term. - As used in this Act, the following terms shall be 
12 
construed to mean as follows: 
13 
(a) Agricultural Engineer - shall refer to a person registered with the 
14 
Professional Regulation Commission performing engineering activities in 
15 
agriculture, particularly on areas of farm power and machinery, irrigation and 
16 
drainage, soil and water conservation, agricultural buildings and infrastructure, 
17 
agricultural processing and post harvest facilities. 
18 
(b) Agricultural Extension Worker - shall refer to an agriculturist, 
19 
veterinarian, agricultural engineer, aquaculturist, nutritionist or home extensionist 
20 
who helps farmers and fishermen in the promotion of agricultural and fishery 
21 
development plans, programs and projects through the use of extension 
22 
methodologies, concepts and principles. 
1 


1 
(c) Agricultural Teclruician - shall refer to a trained or skilled agricultural 
2 
worker but not necessarily a college graduate, performing activities such as plant 
3 
nursery propagator, plant breeder and farm mechanic. 
4 
(d) Agriculture and Fishery Development Workers - shall mean all persons 
5 
who are engaged in agriculture and fishery development activities and all persons 
6 
employed in the, Department of Agriculture including its bureaus and attached 
7 
agencies, Local Government Units and concerned government institutions, state 
8 
universities and colleges, vocational and teclruical schools and training 
9 
institutions, and shall include aquaculturists, veterinarians, agricultural engineers, 
10 
nutritionists, agricultural extension workers, agricultural technicians and 
11 
operators, allied agricultural professionals, administrative and support personnel 
12 
. employed regardless of their employment status. They are graduates of either 
13 
agriculture, fisheries, animal science, animal husbandry or any other related 
14 
course from a recognized college or university and are holders of appropriate civil 
15 
service eligibility or its equivalent. 
16 
( e) Agriculturist - shall refer to a person who is a graduate of a four (4) 
17 
year course in agriculture or any related come performing any of the specialized 
18 
activities such as agronomy, horticulture, animal husbandry, entomology, plant 
19 
pathology, plant breeding, agricultural economics, agricultural extension and 
20 
marketing. 
21 
(f) Aquaculturist - shall refer to a person who is a graduate of a four (4) 
22 
year course in fisheries and aquaculture, and fishery production and processing. 
23 
(g) Nutritionist - shall refer to a person registered with the Professional 
24 
Regulation Commission performing activities related to dietary and proper 
25 
nutrition. 
26 
(h) Veterinarian - shall refer to a person registered with the Professional 
27 
Regulation Commission performing professional activities on veterinary services 
28 
such as disease prevention, control and animal health. 
29 
30 
SEC. 4. Coverage. - This Act shall cover all eligible Agriculture and Fishery 
31 
development workers, agricultural practitioners in government and all those 
32 
promoted/appointed as provincial/municipal/city agriculturist and as Department Heads 
33 
of the Local Government Units under Republic Act No. 7160, otherwise known as the 
34 
Local Government Code of 1991; Provided, That the Civil Service Commission, as the 
35 
case may be, develops and administers specialized examination for purposes of providing 
36 
appropriate eligibilities to positions. 
37 
2 


· . 
I 
SEC. 5. Recruitment and Qualifications. - The position of the Municipal 
2 
Agriculturist shall be mandatory. In the absence of a Municipal Agriculturist, the position 
3 
of the agricultural officer who is occupying the highest position in the municipality shall 
4 
automatically be converted to Municipal Agriculturist. The selection and appointment of 
5 
agricultural officers/employees shall be in accordance with the merit and fitness 
6 
principle; Provided, That he/she is an eligible agriculture/fishery officer and/or employee. 
7 
8 
SEC. 6. Performance Evaluation and Merit Promotion. - The Secretary of 
9 
Agriculture, upon consultation with the Civil Service Commission and the recognized 
10 
national associations of agricultural development workers shall prepare a uniform career 
II 
and personnel development plan applicable to all agricultural and fishery development 
12 
workers. Such career and personnel development plan shall include provisions on merit 
13 
promotion, performance evaluation, inservice training grants, job rotation and incentive 
14 
awards system. 
15 
16 
SEC. 7. Composition. - The composition of the Agricultural Officers and 
17 
Employees Consultative Council shall be determined from the list submitted by the 
18 
Regional Association of Municipality Agricultural Officers and Provincial Agriculturists, 
19 
throughout the country as well as from the list submitted by the Agriculture and Fishery 
20 
Council Chairman, Provincial Agriculture and Fishery Council Chairman, Regional 
21 
Agriculture and Fishery Council Chairman and the National Agriculture and Fishery 
22 
Council Chairman. 
23 
24 
SEC. 8. Transfer of Geographicul Reassignment of Agriculture/Fishery 
25 
Workers - Except in the interest of public servIce, no transfer or geographical 
26 
reassignment shall be made 
or 
effected without a written notice to the 
27 
agriculture/fisheries development workers concerned stating therein the reasons for such; 
28 
Provided, That said written notice shall be made. at least thirty (30) days prior to the date 
29 
of transfer or reassignment; Provided, further, That if the agriculture/fishery worker 
30 
concerned believes that there is no justification fot the transfer and/or reassignment, 
31 
he/she may appeal higher case to the Civil Service Commission, which shall cause hislher 
32 
reassignment to be held in abeyance; Provided, furthermore, That transfer or 
33 
reassignment coinciding with any local or national election shall be made in compliance 
34 
with the Omnibus Election Code of the Philippines, as amended, and other existing laws 
35 
and rules; Provided, finally, That the necessary expenses of the transfer and/or 
36 
reassignment of the agriculture/fishery worker or employee and his/her immediate family 
37 
shall be paid for by the Government. 
38 
3 


1 
SEC. 9. Safeguards in Administrative Proceedings. - In every administrative 
2 
proceeding, an agriculture/fishery development worker shall have: 
3 
(a) the right to be informed of the charges in writing; 
4 
(b) the right to full access to the evidence in the case; 
5 
( c) the right to defend himself/herself or to be defended by a counsel of 
6 
his/her choice; 
7 
(d) the right to be given adequate time to prepare his/her defense, which 
8 
shall in no case exceed twenty (20) days; 
9 
(e) the right to appeal to designated authorities; 
10 
(f, the right to confront witnesses presented against his/her and summon 
11 
witnesses in his/her behalf; 
12 
(g) the right to reimbursement of reasonable expenses incurred in hisker 
13 
defense in case of exoneration or dismissal of the charges; and 
14 
(h) such other rights provided b);' other national agencies and local 
15 
government units to its respective officers and employees so as to ensure fairness 
16 
and impartiality in the proceedings. 
17 
18 
SEC. 10. Code of Conduct. - All agriculture/fishery development workers must 
19 
be guided by a code of ethics not contrary to law, moral standards, safety, health, public 
20 
policy and public order. The code of conduct of agriculture/fishery development workers 
21 
shall be prepared by the Secretary of Agriculture in consultation with the recognized 
22 
national associations of agricultural development workers. 
23 
24 
SEC. 11. Normal Hours of Work. - The normal hours of work of any 
25 
agriculture/fishery development worker shall not exceed eight (8) hours a day or forty 
26 
(40) hours a week. Hours of work shall include: (a) the time during which the 
27 
agriculturelfishery development worker is required to be on active duty or to be at a 
28 
prescribed workplace; and (b) the time during which an agriculture/fishery development 
29 
worker is required to work in a place other than the prescribed workplace. 
30 
31 
SEC. 12. Overtime Work. - Where the exigencies of the service so require, any 
32 
agriculture/fishery development worker may be required to render service beyond the 
33 
normal eight (8) hour workday, inclusive of Saturdays, Sundays and non-working 
34 
holidays. In such case, the agriculture/fishery development worker shall be given an 
35 
additional compensation in accordance with existing laws. 
36 
37 
SEC. 13. Oft-Call Pay. - In cases of "On-Call" status, the agriculture/fishery 
38 
development worker shall be entitled to an "On-Call" pay equivalent to fifty per centum 
4 


1 
(50%) of his/her regular wage. "On-Call" status refers to a condition when an agricultural 
2 
officer/employee is called upon to respond to urgent or immediate need or relief work 
3 
during emergencies such that the agriculture/fishery development worker shall not be put 
4 
on "On-Call" status beyond seven (7) days. 
5 
6 
SEC. 14. Married Agriculture/Fishery Development Worker. - Whenever 
7 
possible, the proper authorities shall take steps to enable married couples, both of whom 
8 
are public workers, to be employed or assigned in the same municipality/city. 
9 
10 
SEC. 15. Basic Compensation. - The existing law on the salary scale of 
11 
government employees shall apply in determining the salaries of agriculture/fishery 
12 
development workers. 
13 
14 
SEC. 16. Hazard Allowance. - Any agriculture/fishery development worker 
15 
assigned in difficult areas, strife-tom or embattled areas, distressed or isolated 
16 
animal/plantlbreeding station, and other areas declared under a state of calamity or 
17 
emergency, which expose them to great danger, volcanic activity/eruption, occupational 
18 
risks or perils of life, shall be compensated with hazard allowance equivalent to at least 
19 
twenty per centum (20%) of their monthly basic salary. 
20 
21 
SEC. 17. Subsistence Allowance. - Any agriculture/fishery development worker 
22 
who is required to render service in the communities, institutions, animal and plant 
23 
breeding stations, fish sanctuaries/nurseries, plantation and demonstration farms and 
24 
other banner programs and project of the Department of Agriculture, in order to make 
25 
their services available at all times, shall be entitled to full daily subsistence allowance of 
26 
three (3) meals which shall be computed in accordance with the prevailing circumstances. 
27 
28 
SEC. 18. Longevity. - A longevity pay equivalent to five per centum (5%) of the 
29 
monthly basic pay shall be paid to an agriculture/fishery development worker for every 
30 
three (3) years of continuous, efficient and meritorious services rendered. 
31 
32 
SEC. 19. Clothing Allowance. - All agricultural employees shall be entitled to a 
33 
clothing allowance in accordance with the approved laws and regulations or as mandated 
34 
by law. 
35 
36 
SEC. 20. Other Privileges and Benefits. - These refer to the privileges and 
37 
allowances granted by the National Government to the Department of Agriculture 
38 
officers and employees such as, but not limited to, anniversary bonus, loyalty, 
5 


1 
productivity pay and amelioration pay. These allowances shall also be granted to the 
2 
devolved agriculture/fishery development worker and shall be paid by the National 
3 
Governm«nt. 
4 
5 
. SEC. 21. Retirement Benefit. - All agriculturelfishery workers shall be entitled to 
6 
terminal pay; Provided, however, That the number of years rendered by the devolved 
7 
personnel in the national level shall be paid by the Department of Agriculture upon 
8 
retirement including the accrued leave credits while the services rendered to the Local 
9 
Government Units shall he paid where they are devolved/assigned regardless of any 
10 
promotion availed; Provided, further, That all government employees, both locally and 
11 
nationally hired on June 1, 1977 who are covered under Presidential Decree No. 1146 
12 
dated May 31,1977, shall not receive any lump sum retirement but will, instead, receive 
13 
a monthly pension of Two Thousand Seven Hundred Fifty Pesos (P2,750.00) only 
14 
regardless of the salary received. In view hereof, Presidential Decree No.1146 dated May 
15 
31,1977 shall not apply to all officers and employees of the Department of Agriculture as 
16 
well as to the devolved personnel and those appointed as AgriculturistlDepartment Head 
17 
under Republic Act No. 7160, including agricultural practitioners in the government 
18 
service; Provided finally, That under no circumstances shall Presidential Decree No. 1 
19 
146 dated May 31, 1977 be repealed by this Act. 
20 
21 
SEC. 22. Housing. - All agriculture/fishery development workers who are on tour 
22 
of duty and those who because of unavoidable circumstances are forced to stay in the 
23 
regional/field office/agency, community, etc. shall be entitled to free living quarters 
24 
within the regional/field office/agency. If such quarters are not available, he/she shall be 
25 
entitled to housing allowance as may be determined by the appropriate government 
26 
agencies concerned; Provided, That the rate shall be periodically adjusted for inflation. 
27 
28 
SEC. 23. Compensation from Injuries. - Agriculture/fishery development 
29 
workers .shall be protected against work-related injuries in accordance with the Civil 
30 
Service Law. Injuries incurred while. doing overtime work shall be presumed work-
3 1 
connected. 
32 
33 
SEC. 24. Right to Join Organizations. - Agriculture/fishery development 
34 
workers shall have the right to freely join any organization or union for purposes not 
35 
contrary to law, in order to defend and protect their mutual interest and to obtain redress 
36 
of grievances through peaceful concerted activities; Provided, That under no 
37 
circumstance shall government agriculture and fishery development workers join, 
38 
declare, stage, or form any strike or cessation of services. 
6 


2 
SEC. 25. Freedom from Interference of Coercion. - It shall be unlawful for any 
3 
person to commit any of the following acts of interference or coercion: 
4 
(a) to require as condition for employment that the agriculture/fishery 
5 
development worker shall not join an agricultural organization or union; 
6 
(b) to discriminate in order to encourage or discourage membership in any 
7 
Agriculture/fishery development workers' organization or union; 
8 
(c) to prevent an agriculture/fishery development worker from carrying out his 
9 
duties and functions in the agricultural work organization or union or to penalize 
10 
his/her for any lawful action performed in that capacity; 
II 
(d) to make calculated harassment and interference with the intention of 
12 
intimidating or preventing the agriculture/fishery development worker from 
13 
performing his/her duties and functions; and 
14 
(e I to perform acts calculated to diminish the independence and freedom of the 
IS 
union or organization to direct its own affairs. 
16 
17 
SEC. 26. Consultation. - The Department of Agriculture shall consult 
18 
professional and agricultural work organizations or unions in formulating policies to 
19 
govern the welfare and security of the agriculture and fishery development workers. 
20 
21 
SEC. 27. Human Resource Development. - The Department of Agriculture shall 
22 
conduct human resource development and management studies in the following areas: 
23 
(a) adequate facilities and resources to render quality agriculture and fishery 
24 
services to the clientele; 
25 
(b) opportunity for the agriculture/fishery development worker to grow and 
26 
develop his/her potentials and to experience a sense of worth and dignity in 
27 
his/her work; 
28 
(c) mechanism for democratic consultation; 
29 
(d) ways and means of enabling rank and file agriculture and fishery development 
30 
workers to attain viable education opportunities for personal growth and 
31 
development; and 
32 
(e) staffing patterns and qualification standards for agriculture and fishery 
33 
development workers to ensure that farmers and fisherfolks receive quality 
34 
servIces. 
35 
36 
SEC. 28. Rules and Regulations. - The Secretary of the Department of 
37 
Agriculture in consultation with the Department of Labor and Employment, Civil Service 
38 
Commission, National Labor Relations Commission, Department of Interior and Local 
7 


I 
Government, and the national organizations of agriculture and fishery development 
2 
workers shall formulate and prepare the necessary rules and regulations in implementing 
3 
the provisions ofthis Magna Carta. 
4 
5 
SEC. 29. Penal Provisions. - Any person who shall willfully interfere with, 
6 
restrain or coerce any agriculture/fishery development worker in the exercise of his/her 
7 
right or shall in any manner commit any act in violation of any provisions of this Act 
8 
shall, upon conviction, be punished by a fine of not less than Twenty Thousand Pesos 
9 
(P20,000.00) but not more than Forty Thousand Pesos (P40, 000,00) or imprisonment of 
10 
not more than one (I) year, or both, at the discretion of the court. If the offender is a 
II 
public official, the court, in addition to the penalties provided in the preceding paragraph, 
12 
may impose the additional penalty o€ disqualification from office of such offending 
13 
public official. 
14 
15 
SEC. 30. Funding. - The amount necessary to carry out the provisions of this Act 
16 
shall be included in the General Appropriations Act of the year following its enactment 
17 
into law and every year thereafter. 
18 
19 
SEC. 31. Separability Clause. - If any provision of this Act is declared 
20 
unconstitutional or invalid, the other provisions thereof not affected thereby shall 
21 
continue to be in full force and affect. 
22 
23 
SEC. 32. Repealing Clause. - All laws, presidential decrees, orders, rules and 
24 
regulations or issuances inconsistent with the provisions of this Act are hereby repealed, 
25 
amended or modified accordingly. 
26 
27 
. SEC. 33. Effectivity. - This Act shall take effect fifteen (15) days after its 
28 
publication in at least two (2) newspapers of general circulation. 
29 
30 
Approved, 
8