Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

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Seventeenth Congress

Second Regular Session

HOUSE BILL no.6829

Introduced by Representative Sharon S. Garin

EXPLANATORY NOTE

The Philippines is still a primarily agricultural country, with around 39.8% of the entire
country’s labor force employed in any of the four (4) agricultural sub-sectors, namely
farming, fisheries, livestock and forestry, and the sector countributing around 20% of the
Gross Domestic Product (GDP).

With the great contribution of agriculture to our nation’s development, it is only
proper that the government give prime importance to projects and programs that support this
sector. And support it it has, as evidenced by the countless programs coursed through the
Deparment of Agriculture and other related agencies. Some of these support go directly to the
farmers, in the form of social and financial aid, and others are for the development of the
industry, to create a more efficient and profitable agriculture sector.

But whatever assistance the government provides, it shall be for naught if these services
are not properly delivered to the intended beneficiaries. At the forefront of these services are the
local city/municipal/provincial agricultural development workers that provide a bridge between
farmers and the government. Recent trends however, show that most of these local positions are
left vacant by LGUs in an effort to save money which result in a less efficient delivery of
agricultural support.

This bill seeks to strengthen the rights of agricultural development workers, giving them
additional benefits in terms of compensation, proper working hours, and other various incentives
and rewards. These positions include the following: Agricultural Technicians, Agriculturists,
Aquaculturists, Nutritionists, Agricultural Engineers, Agricultural Technologists, Fisheries
Officers in the city, municipal and provincial levels.

A better and more efficient delivery of government assistance would lead to a more
vibrant agricultural sector.

In view of the foregoing, the passage of this bill is earnestly requested.

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Republic of the Philippines
HOUSE OR REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
Second Regular Session

HOUSE BILL NO. 6329

Introduced by Representative Sharon S. Garin

AN ACT
PROVIDING FOR A MAGNA CARTA OF AGRICULTURAL DEVELOPMENT
WORKERS

Be it enacted by the Senate and the House of Representatives of the Republic of the Philippines
in Congress assembled:

ARTICLE I
TITLE OF THE ACT AND DEFINITION OF TERMS

SECTION 1. Title. ~ This Act shall be known as the "Magna Carta of Agricultural
Development Workers."

SEC. 2. Declaration of Policy. — It is hereby declared a policy of the State to
accelerate the development and modernization of Philippine agriculture and improve the
economic and social well-being of agricultural development workers as well as their working
conditions and employment status. The State shall likewise develop their skills, knowledge,
orientation and capabilities so that they will become more responsive and effective in
providing the necessary Services for countryside development.

SEC. 3. Definition of Terms.

a) Agricultural Development Workers — shall mean all persons who are engaged in
agricultural development activities and all persons employed in the Department of
Agriculture including its bureaus and attached agencies. Local Government Units
(LGUs) and concerned government and private institutions, and shall include

aquaculturists, veterinarians, agricultural engineers, nutritionists, agricultural


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b)

d)

°)

8)

h)

extension workers, agricultural technicians and operators, allied agricultural
professionals, administrative and support personnel employed regardless of their
employment status.

Agriculturist — shall refer to a person who is a graduate of a four year course in
agriculture or any related course performing any of the specialized activities such as
agronomy, horticulture, animal husbandry, entomology, plant pathology, plant
breeding, agricultural economics, agricultural extension and marketing.

Veterinarian — shall refer to a person registered with the Professional Regulation
‘Commission performing professional activities on veterinary services such as disease
prevention control, animal health care, etc.

Agricultural Engineer — shall refer to a person registered with the Professional
Regulation Commission performing engineering activities in agriculture, particularly
‘on areas of farm power and machinery, irrigation and drainage, Soil and water
conservation, agricultural buildings and infrastructure, agricultural processing and
post-harvest facilities.

Aquaculturist — shall refer to a person who is a graduate of a four year course in
fisheries and performing activities on fisheries and aquaculture and fishery production
and processing.

Nutritionist ~ shall refer to a person registered with the Professional Regulation
Commission performing activities related to dietary and proper nutrition.

Agricultural Technician — shall refer to a trained or skilled agricultural worker but not
necessarily a college graduate, performing activities Such as plant/nursery propagator,
plant breeder, farm mechanic, etc.

Agricultural Extension Worker — shall refer to an agriculturist, veterinarian,

agricultural engineer, aquaculturist, nutritionist or home extensionist who helps


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farmers and fishermen in the promotion of agricultural and fisheries development
plans, programs and projects through the use of extension methodologies, concepts
and principles.

i) CSC—refers to the Civil Service Commission.

i) DOLE — refers to the Department of Labor and Employment.

k) NLRC refers to the National Labor Relations Commission.

1) DA—refers to the Department of Agriculture.

m) LGU refers to the Local Government Unit.

ARTICLE II
AGRICULTURAL SERVICE CAREER DEVELOPMENT

SEC 4. Magna Carta for Agricultural Development Workers Committee. —

‘The Magna Carta for Agricultural Development Workers Committee, hereafter referred to as
the Committee, shall be constituted under the Office of the President and composed of the

following:

a) Secretary of the Department of Agriculture (DA);

b) Secretary of the Department of the Interior and Local Government (DILG);

¢) Secretary of the Department of Labor and Employment (DOLE);

4) Commissioner of the Civil Service Commission (CSC);

€) Representative of the National Labor Relations Commission (NLRC);

f) Secretary of the Deparment of Budget and Management (DBM);

g) Representative from recognized national association of Agricultural Development
Workers.

SEC. 5. Professionalization of Agricultural Services. ~ The State shall support the

development and professionalization of agricultural services by providing the necessary
compensation and benefits to various agricultural development workers based on their duties,

responsibilities and qualifications. For this purpose, the Committee, particularly the Civil


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Service Commission in coordination with the Department of Budget and Management,
Department of Agriculture, Department of Interior and Local Government and the recognized
national associations of agricultural development workers shall review the existing functions,
responsibilities, position titles and qualifications of the agricultural development workers
employed at the Department of Agriculture, Local Government Units and concerned
government agencies, and match them with appropriate position titles and compensation:
Provided, that the following benchmark position titles of agricultural development workers

with corresponding salary grades shalll be used.

Position. Grade
Agricultural Technician 1 nl
Agriculturist 12
Aquaculturist 1 2
Nutritionist 1 12
Veterinarian 1 13
Agricultural Engineer | 13
Agricultural Technologist 1s
City Agricultural Engineer 24
City Veterinarian 24
City Agriculturist 4
City Fishery Officer 24
Municipal Agriculturist 24
Municipal Veterinarian 4
Municipal Agricultural Engineer 24
Municipal Fisheries Officer 4

Provincial Agricultural Engineer 26


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Provincial Agriculturist 26
Provincial Veterinarian 26
Provincial Fisheries Officer 26

SEC. 6. Mandatory Positions of Agricultural Development Workers in the Local

Government Units. — The creation of the following positions is hereby made mandatory in

addition to the prescribed position under the Local Government Code of 1991:

a)
b)
°)
d)
OO)
f)
8)
h)

)

Provincial Agricultural Engineer;
Provincial Fisheries and Aquacultural Officer;
City Agriculturist;

City Agricultural Engineer;

City Veterinarian;

City Fisheries and Aquacultural Officer;
Municipal Agriculturist;

Municipal Agricultural Engineer;

Municipal Veterinarian;

Municipal Fisheries and Aquacultural Officer.

Provided, that in the case of fourth (4") class LGUs, financial subsidy shall be

provided by the national government for the personnel services needed in the hiring of the

above mentioned mandatory position: Provided further, That the funding requirement shall be

incorporated in the annual appropriations of the Department of Agriculture.

SEC. 7. Recruitment and Qualifications. - The selection and appointment of

agricultural development workers shall be in accordance with the merit and fitness principle:

Provided, that he/she has the appropriate civil service eli

ies and/or professional license,

educational qualification, skills and experiences.


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SEC. 8. Performance Evaluation and Merit Promotion. - The Committee,
particularly the Secretary of Agriculture upon consultation with the Civil Service
Commission and the recognized national associations of Agricultural Development Workers
shall prepare a uniform career and personnel development plan applicable to all Agricultural
Development Workers. Such career and personnel development plan shall include provisions
‘on merit promotion, performance evaluation, in-service training grants, job rotation and
incentives awards system.

SEC. 9. Transfer of Geographical Reassignment of Agricultural Officers and
Employees. — No transfer or geographical reassignment shall be made or effected without a
written notice to the agricultural development worker concerned stating therein the reason for
such: Provided, that said written notice shall be made thirty (30) days prior to the date of
transfer or reassignment: Provided further, that if the employee concerned disagrees with the
order of transfer or reassignment, he/she may appeal said order with the Civil Service
Commission or the Department of Labor and Employment, as the case may be: Provided
further, that pending appeal, such transfer or reassignment shall be held in abeyance:
Provided furthermore, that no transfer or reassignment whatsoever shall be made three (3)
months prior to any local or national elections: Provided finally, that the necessary expenses
of the transfer and/or reassignment of the agricultural worker or employee and his/her
immediate family shall be paid by the Government.

SEC. 10. Security of Tenure. ~ An agricultural worker holding a permanent position
shall not be terminated except for cause: Provided, that in the event the agricultural
development worker is found to be unjustly dismissed by the Civil Service Commission,
he/she shall be entitled to reinstatement without loss of seniority rights and back wages with
twenty per centum (20%) interest to be computed from the time compensation is withheld up

to the reinstatement,


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However, if the agricultural worker does not desire to be reinstated, he/she shall be
entitled to back wages and separation pay with twenty per centum interest.

SEC. 11. Discrimination Prohibited — An agricultural worker shall not be
discriminated by reason of creed, sex, political belief civil status, and ethnic grouping in the
exercise of his/her profession.

SEC. 12. No Understaffing and/or Overloading of Agricultural Workers. — There
shall be no understaffing and/or overloading of agricultural workers. The ratio of staff to
clientele shall be such as to reasonably effect a sustained quality of agricultural service at all
times without overworking the agricultural development workers and over-extending their
services.

Only qualified professional and eligible agricultural workers shall occupy the
agriculturist and other agriculture-related positions in all government agricultural agencies
and institutions and/or government-owned and controlled corporations: Provided, that the
government shall allocate the necessary funds for the hiring of additional agricultural
development workers in cases of over-loading of personnel in specific areas of assignment.

SEC. 13, Safeguards in Administrative Proceedings. ~ In every administrative
proceeding, an Agricultural Worker shall have:

a) the right to be informed of the charges:

) the right to full access to evidence against him/her;

©) the right to defend himself/herself through counsel of his/her choice;

d) the right to be given adequate time to prepare his/her case, which shall in no case
exceed twenty (20) days;

©) the right to appeal to designated authorities;

)_ the right to cross-examine witnesses and to processes for the production of witnesses;

g) the right to reimbursement for reasonable expenses incurred in his/her defense in


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case of exoneration or dismissal of the charges; and

h) such other rights provided by other national agencies and local government units to

their respective officers and employees to ensure fairness and impartially in
prosecution.

SEC. 14. Code of Conduct. — All agricultural workers must be guided by a code of
ethics not contrary to law, morals, Safety, health, public policy and public order. The code of
conduct of agricultural development workers shall be prepared by the Secretary of
Agriculture in consultation with the recognized national associations of agricultural
development workers.

SEC. 15. Normal Hours of Work. - The normal hours of work of an agricultural
development worker shall not exceed eight (8) hours a day or forty (40) hours a week. Hours
of work shall include:

a) the time the agricultural workers is required to be on active duty or to be at a
prescribed workplace:

b) the time which an agricultural worker is permitted to work; and

©) the time which an agricultural worker is required to work in a place other than the
prescribed workplace.

SEC. 16. Overtime Work. - Where the exigencies of the service so require, any
agricultural development worker, whether in government or non-government service, may be
required to render Service beyond the normal eight (8) hours a day, inclusive of Saturday and
Sunday and non-working holidays. In such cases, the agricultural development worker shall
be given additional compensation in accordance with existing laws on the matter.

SEC. 17. Training and Scholarship Program. - The Committee, particularly the

Department of Agriculture through its scholarship committee and the Agricultural Training


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Institute shall undertake trainings and scholarship programs for the agricultural development
workers, which shall be given adequate budgetary support by the Government.

SEC. 18. Married Agricultural Workers. ~ Whenever possible, the proper authorities
shall take steps to enable married couples both of whom are public agricultural development
workers, to be employed or assigned in the same municipality.

ARTICLE IL
INCENTIVES AND REWARDS SYSTEM

SEC. 19. Criteria for Incentives and Rewards System. - The reward and incentive
system for agricultural development workers provided under this Act, which will encourage
them to stay in the service, promote their productivity and reward them for extraordinary
performance shall be governed by the following criteria:

a) Honorarium - form of remuneration for services rendered beyond the established
workload of agricultural development workers whose broad and superior knowledge
and expertise contribute to agricultural productivity and innovativeness;

b) Incentive pay — form of remuneration given to individuals whose services in
management, administration, policy making and support contribute to the efficient and
effective implementation of the agricultural and fisheries programs of the government;

©) Performance Bonus - form of remuneration given to agricultural development workers
for performance that exceeds established targets; and

4) Other incentives that the Department of Agricultural and Local Government may
establish.

SEC. 20. Other Compensation and Benefits. ~ All agricultural development
workers shall be entitled to the following additional compensation and benefits:

a) Representation Allowance and Traveling Allowance ~ All Provincial/City/Municipal

Agriculturist, Veterinarians, Agricultural Engineers, and Fisheries Officers shall be


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b)

°)

4)

©)

entitled to Representation Allowance and Travelling Allowance (RATA) equivalent to
the Department Head of the LGUs.

Hazard Allowance ~ All agricultural development workers assigned in difficult areas,
strife-torn or embattled areas, distressed or isolated stations, animal/plant/fisheries
breeding station, plant nurseries, plantations and demonstration farms, laboratories
especially those handling X-rays, radioisotopes, chemicals, etc., sea-borne patrols,
construction and installation of agricultural infrastructure projects, and other areas
declared under a state of calamity or emergency which exposes them to great danger,
‘occupational risks or perils of life shall be compensated with hazard allowance
equivalent to at least twenty per centum (20%) of the monthly basic salary.
Subsistence Allowance ~ All agricultural development workers who are required to
render Services in the communities, institutions, animal and plant breeding nurseries,
plantations and demonstration farms and other barrier programs and projects of the
Department of Agriculture in order to make their services available at all times, shall
be entitled to full daily subsistence allowance of three (3) meals, which shall be
computed in accordance with the prevailing circumstances.

Longevity Pay — A longevity pay equivalent to five per centum (5%) of the monthly
basic pay shall be paid to an agricultural worker for every (3) years of continuous,
efficient and meritorious services rendered.

Clothing Allowance — All agricultural development workers shall be entitled to a
clothing allowance in accordance with approved laws and regulations or as mandated
by law.

Housing ~ Alll agricultural workers who are in tour of duty and those who, because of
unavoidable circumstances, are forced to stay in the institution or community with

living quarters shall be entitled to such quarters for free: Provided. That if such living


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quarters are not available, the workers shall receive housing allowances: Provided
further, That said allowance shall be reviewed periodically and adjusted for inflation.

2) Compensation for injuries - Agricultural development workers shall be protected
against work-related injuries in accordance with the Labor Code or the Civil Code as
the case may be.

h) On-Call Pay — In cases of "On-Call” status, the agricultural development worker shall
be entitled to an “On-Call” pay equivalent to fifty per centum (50%) of his/her regular
wage. On-Call status refers to a condition when an agricultural officer or employee is
called upon to respond to an urgent or immediate need or relief work during
emergencies such that the agricultural Worker cannot utilize his/her time for personal
needs: Provided. That no agricultural worker shall be placed in an "On-Call" status
beyond seven (7) days.

i) Motor and Vehicle Loan — All agricultural development workers shall be entitled to
avail of the motor and vehicle loan of the Department of Agriculture, The government
shall provide adequate budgetary support for this purpose.

ARTICLE IV
MISCELLANEOUS PROVISIONS

SEC. 21. Right to Join Organizations. — Agricultural Development Workers shall
have the right to freely join organizations or unions for purposes not contrary to law, in order
to protect their mutual interest and to seek redress of grievances through peaceful concerted
activities.

SEC. 22. Freedom from Interference or Coercion. ~ \t shall be unlawful for any
person to commit any of the following acts of interference or coercion.

a) to require as a condition of employment that the agricultural development worker

shall not join an organization or union;


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b)

d)

to discriminate in order to encourage or discourage membership in any agricultural
development workers organization or union;

to prevent an agricultural development worker from carrying out his duties and
functions in his/her organization or union or to penalize him/her for any lawful action
performed in that capacity;

to harass or intimidate an agricultural development worker or prevent him/her from
performing duties and functions; and

to perform acts that will diminish the independence and freedom of the union or
organization to direct its own affairs.

SEC. 23. Consultation. — The Committee shall consult professional and Agricultural

Workers Organizations or unions in formulating policies to govern the welfare and security of

the Agricultural Development Workers.

SEC. 24. Human Resource Development. — The Committee, including Government

and non-government agencies shall conduct human resource development and management

studies in the following areas:

a)

b)

d)

°)

Types and amount of facilities and resources to render quality agricultural Service to
the clientele;

Venue and opportunities for the agricultural development workers to grow and
develop their potentials and develop a sense of self-worth and dignity in their work;
Mechanisms for democratic consultation;

Ways and means of giving rank-and-file agricultural development workers viable
opportunities for education, personal growth and development; and

Staffing patterns and standards of welfare for Agricultural Development Workers

welfare to ensure that they receive quality care.


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SEC. 24. Rules and Regulations. ~ The Committee shall formulate and prepare
necessary rules and regulations in implementing the provisions of this Magna Carta.

SEC. 25. Monitoring of Implementation. — The Committee shall monitor the
implementation of the provisions of this Act. Provided that, the Committee shall submit semi-
annual reports on the status of the implementation of this Act to the Committee on
Agriculture and Food of the House of Representatives and the Senate.

SEC. 26. Penal Provisions. — Any person who shall willfully interfere with, restrain
or coerce any agricultural development worker in the exercise of his/her rights or shall violate
any of the provisions of this Act shall upon conviction, be punished by a fine of not less than
Twenty Thousand Pesos (P20,000.00) but not more than Forty Thousand Pesos (P40,000.00)
or imprisonment of not more than one (1) year, or both, at the discretion of the court.

If the offender is a public official, the court, in additional to the penalties provided in
the preceding paragraph, shall impose the additional penalty of disqualification from office of
such offending public official.

SEC. 27. Funding. — The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following its enactment into
law and every year thereafter.

SEC. 28. Separability Clause. ~ If any provision of this Act is declared
unconstitutional or invalid, the other provisions thereof affected thereby shall continue to be
in full force and effect

SEC. 29. Repealing Clause. ~ All laws, presidential decrees, executive orders, rules
and issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed

or modified accordingly.