FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
1 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
EXPLANATORY NOTE 
This bill seeks to promote Agritourism in the country which combines the elements of 
tourism and agriculture industry to help improve farm income. Agritourism is done when 
a working farm, ranch, winery, or any agricultural operation is opened to the public to 
visit for their enjoyment, outdoor recreation, activities, education, shopping, dining or 
lodging. 
Agritourism has been adopted by a number of States in America which provided 
additional opportunities for farmers, farm owners, and producers, to generate additional 
income. It also helped increase employment opportunities in the community as well as 
the revenue of their local government. Further, it provides a venue for affordable and 
easily accessible family outings. 
This proposed measure gives tax credits to registered agritourism activities to help offset 
the expenses of venturing into agritourism. Also, it seeks to provide technical assistance 
to farmers who wish to enter the agritourism business. 
In view of the foregoing, immediate approval of this measure is earnestly sought. 
A ~ T ~ N I O  
“SONNY” F. TWLANES IV 
Senator 


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FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHKLIPPJNES 
) 
Second Regular Session 
1 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
AN ACT 
TO PROMOTE AGRlTOURISM IN THE PHILIPPINES AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House ofRepresentutives of the Philippines in 
Congress assembled. 
Section 1. Short Title. - This Act shall be known as the “Agritourism Promotion 
Act of 2008” 
Sec. 2. Definition of Terms. - As used in this section, the term - 
(1) 
“Agritourism activity” means any activity carried out on a farm or ranch 
or in a forest that allows members of the general public, for recreational, entertainment, 
or educational purposes, to view or enjoy rural activities, including farming, ranching, 
historical, cultural, harvest-your-own, or nature-based activities and attractions. An 
activity is an agritourism activity whether or not the participant paid to participate in the 
activity. 
(2) 
“Agritourism professional” means any person who is engaged in the 
business of providing one or inore agritourism activities, whether or not for 
compensation. 
(3 j 
“Farm” means the land, buildings, support facilities, machinery, and other 
appurtenances used in the production of farm or aquaculture products, including land 
used to display plants, animals, farm products, or farm equipment to the public. 
(4) 
“Inherent risks of agritourism activity” those dangers or conditions that are 
an integral part of an agritourism activity including certain hazards, including surface and 
subsurface conditions, natural conditions of land, vegetation, and waters, the behavior of 
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wild or domestic animals, and ordinary dangers of structures or equipment ordinarily 
used in farming and ranchiflg operations, Inherent risks of agritourism activity also 
incbde the- pe+b&ial of a prticip& ta wt in a *ligen+ 
manm that may contribute to 
injury to the participant or others, including failing to follow instructions given by the 
agritourism professional or failing to exercise reasonable caution while engaging in the 
agritourism activity. 
(5) 
“Participant” any person, other than the agritourism professional, who 
engages in an agritourism activity. 
(6) 
“Pwson” m individual, fiduciary, firm, association, partnership. limited 
liability company, corporation, unit of government, or any other group acting as a unit. 
See. 3. Pro+Mon of Assistame. The Departmnt of Agriculture and the 
Department of Trade and Industry may provide marketing advice, technical expertise, 
proniotional support, and product development related to agritourism to assist the 
following in their agritourism initiatiws: Dqmtment of Tourism; convention and visitor 
bureaus; tourist development councils; economic development organizations; and local 
governments. In carrying out this responsibility, both departments shall focus its 
agritourism effarts on mrd and urban communities. 
Sec. 4. Impact of agritourism in land classification. - 
(1) 
In order to promote and peqxtwate agriculture throughout the state, fann 
operations are encouraged to engage in agritourism. The conduct of agritourism activity 
on a bona fide farm or on agricultural lands classified as such shall not limit, restrict, or 
divest the land ofthat classification. 
(2) 
Local governments and agricultural representatives shall meet for the 
purpose of discussing the benefits of agritourism to local economies and opportunities for 
cooperation, conflict resolution, regulatory streamlining, and incentives. 
See. 5. Registration of Agritourism Operations. - The act creates a voluntary 
registration process of agritourism operations in the Philippines to be kept by the 
Department of Agriculture. 
The registration must include a description of the agritourism activity/activities 
conducted and the location oft& agritaurism operation. 
There is NO fee for registration and the list will be made available to the public 
by the Department of Agriculture. 
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All registered operations will be promoted by the Department of Agriculture and 
the Department of Tourism in conjunction with all other tourism and rural development 
promotions. 
Registration is valid for five years. 
Sec. 6. Liability of Agritourism Professional.- 
(1) 
Except as provided in subsection (2) of this section, an agritourism 
professional is not liable for injury to or death of a participant resulting from the inherent 
risks of agritourism activities, so long as the warning contained in Section 8 is posted as 
required and, except as provided in subsection (2) of this section, no participant or 
participant's representative can maintain an action against or recover from an agritourism 
professional for injury, loss, damage, or death of the participant resulting exclusively 
from any of the inherent risks of agritourism activities. In any action for damages against 
an agritourism professional for agritourism activity, the agritourism professional must 
plead the affirmative defense of assumption of the risk of agritourism activity by the 
participant. 
(2) 
Nothing in subsection (1) of this section prevents or limits the liability of 
an agritourism professional if the agritourism professional does any one or more of the 
following: 
(a) 
Commits an act or omission that constitutes negligence or willful or 
wanton disregard for the safety of the participant, and that act or 
omission proximately causes injury, damage, or death to the 
participant. 
Has actual knowledge or reasonably should have known of a 
dangerous condition on the land, facilities, or equipment used in the 
activity or the dangerous propensity of a particular animal used in such 
activity and does not make the danger known to the participant, and 
the danger proximately causes injury, damage, or death to the 
participant. 
(b) 
(3) 
Any limitation on legal liability afforded by this section to an agritourism 
professional is in addition to any other limitations of legal liability otherwise provided by 
law. 
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Sec. 7. Warming Sigmage at Agritourism Locations. - 
(1) 
Every agritourism professional must post and maintain signs that contain 
the warning notice specified in subsection (2) of this section. The sign must be placed in 
a clearly visible location at the entrance to the agritourism location and at the site of the 
agritourism activity. The warning notice must consist of a sign in black letters, with each 
letter to be a minimum of one inch in height. Every written contract entered into by an 
agritourism professional for the providing of professional services, instruction, or the 
rental of equipment to a participant, whether or not the contract involves agritourism 
activities on or off the location or at the site of the agritourism activity, must contain in 
clearly readable print the warning notice specified in subsection (2) of this section. 
Also, All registered operations shall provide to participants a written description 
of the registered agritourism activities upon request. This Signage provides that 
participants are assuming responsibility of my inherent risk. The agritourism promotion 
act does NOT limit the liability of willful or wanton conduct by any agritourism 
operators. 
(2) 
The signs and contracts described in subsection (1) of this section must 
contain the following notice of warning: 
“WARNING 
Under Philippine law, there is no liability for an injury to or death of a participant in 
an agritourism activity conducted at this agritourism location if such injury or death 
results from the inherent risks of the agritourism activity. Inherent risks of agritourism 
activities include, among others, risks of injury inherent to land, equipment, and animals, 
as well as the potential for you to act in a negligent manner that may contribute to your 
injury or death. You are assuming the risk of participating in this agritourisin activity.” 
(3) 
Failure to comply with the requirements concerning warning signs and 
notices provided in this subsection will prevent an agritourisin professional from 
invoking the privileges of immunity provided by this Article.” 
Sec. 8. Tax Credit for Agritourimc Activities. - The Department of Finance shall 
be given the task to craft rules and regulations pertaining to the determining of which 
costs qualify as agritourism liability insurance. 
The tax credit is an amount equal to 20% of the agritourism liability insurance not 
to exceed P50,OOO in any tax year. 
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If the tax credit exceeds the total amount of income taxes owed for that year, the 
difference can be rolled over to the next tax year. 
This tax credit is available fm the first five tax years commencing after they open 
their agritourism operation. 
The limited liability is afforded to agritourism operations that charge for their 
activities and those that do not charge for their activities, so long as the signage is in 
place. 
See. 9. Injury lo Trespassers on Agricultural Land -A person or organization 
owning, controlling, or possessing an interest in agricultural real property, or an agent of 
such person or organization, shall not he held liable for negligence related to such 
property that results in the death of, injupr to, or darnage to a person who has engaged or 
is engaging in conduct on the property that is unlawful under either Section 11 or Section 
12 or unlawful trespassing by such person incident to such conduct on the property. 
Sec. 10. Posting of Signs on Agricultural Lands. - 
(1) 
Signs are placed not more than 500 feet apart along, and at each corner of, 
the boundaries of the land, upon which signs there appears prominently, in letters ofnot 
less than 2 inches in height, the words “No Trespassing” and in addition thereto the name 
of the owner, lessee, or occupant of said land. Said signs shall be placed along the 
boundary line of posted I& 
in a manner and in such position as to be clearly noticeable 
from outside the boundary line; or 
(2) 
Conspicuous no trespassing notice is painted on trees or posts on the 
property, provided that the notice is: 
(a) 
Painted in an international orange color and displaying the stenciled 
words “No Trespassing” in letters no less than 2 inches high and 3 inch 
wide either vertically or horizontally; 
Placed so that the bottom ofthe painted notice is not less than 3 feet 
from the ground or more than 5 feet from the ground; and 
Placed at locations that are readily visible to any person approaching the 
property and no more than 500 feet apart on agricultural land. 
(b) 
(c) 
Upon enactment of this bill, when a landowner uses the painted no trespassing 
posting to identi@ a “no trespassing” area, those painted notices shall be accompanied by 
signs complying with subparagraph 1. and placed conspicuously at all places where entry 
to the property is normally expected or known to occur. 
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Sec. 11. Removing of Notices on Agricaltural Lands. - It is unlawful for any 
person to willfully remove, destroy, mutilate, or commit any act designed to remove, 
mutilate, or reduce the legibility or effectiveness of any posted notice placed by the 
owner, tenant, lessee, or occupant of legally enclosed or legally posted land pursuant to 
any law of the Philippines for the purpose of legally enclosing the same. 
Any person violating the provisions of this section shall be guilty of a 
misdemeanor. 
Sec. 12. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
Sec. 13. Repealing Cluuse. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or 
inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
See. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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