Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE BILL'No, 8853

Introduced by AGRI Partylist
Representative Orestes T. Salon and Representative Delphine Gan Lee

EXPLANATORY NOTE

This bill seeks to abolish the irrigation ser

imposed on farmers,
amending for the purpose Republic Act No, 3601, as amended, otherwise

known as The Charter of the National Irrigation Administration

RA 3601 was passed to “increase agricultural production for the
financial uplifiment of the people for them to be able to assume and comply with
their obligations and responsibilities to the government” thru the construction
of multi-purpose water resources projects. For this purpose, the National
Irrigation Administration was created and among NIA’s powers and functions is

to charge and collect from the beneficiaries of water from all irrigation systems

constructed by or under its administration. Unpaid irrigation fees or

administration charges shall be preferred liens, first upon the land benefited, and

then on the crops raised thereon, under certain conditions.

Irrigation is the lifeblood of agriculture. The solution to the challenges

our farmers face to si

in agricultural productivity are hinged on a viable,

'



accessible irrigation system. The government, pursuant to its mandate under RA
3601, must ensure that all farmers are properly supported by providing them
with an irrigation system that is reliable and free. Charging those farmers an

irrigation fee counteracts

the gains they are supposed to reap from the
agricultural support they so rightfully deserve. Worse, it is deemed harsh that
unpaid irrigation creates a lien against the property and then on the crops raised
thereon, Instead of alleviating the burden of farmers, this policy is nothing but

punitive and thus, undesirably restrictive, ‘The remedy is to abolish the fees and

consequently liberate the farmers from the imposition of the irrigation service
fees. Only then can the State proudly claim that it is loyal to its mandate of

providing genuine support to our poor farmers.

In view of the foregoing, approval of this bill is earnestly sought.

REP. ORESTES T. REP. DELYHINE GAN LEE
AGRI Partylist AGRI Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

3853

¢
HOUSE BILL NO.

Introduced by AGRI Partylist
Representative Orestes T. Salon and Representative Delphine Gan Lee

AN ACT
ABOLISHING THE IRRIGATION SERVICE FEES IMPOSED ON
FARMERS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
3601, AS AMENDED, OTHERWISE KNOWN AS THE CHARTER OF
THE NATIONAL IRRIGATION ADMINISTRATION

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

SECTION 1. The irrigation service fees imposed on farmers under

RA 3601, as amended, are hereby abolished.

SECTION. 2. The following provisions which grant the National
Irrigation Administration the power to impose and collect irrigation fees are
hereby deleted:

(A) Paragraph (b) Section 2 of Republic Act No. 3601, as
amended by Presidential Decree No. 552 to read as follows:

“Section 2, Powers and objectives. The NIA shall have the following

powers and objectives:


(a) Xxx _XXXxxx
(b) To charge and collect from the beneficiaries of the water from all
irrigation systems constructed by or under its administration, such fees or

administration charges as may be necessary to cover the c

st of operation,
maintenance and insurance, and to recover the cost of construction within a
reasonable period of time to the extent consistent with government policy; to

recover funds or portions thereof expended for the construction and/or

abilitation of communal irrigation systems which funds shall accrue to a
special fund for irrigation development under section 2 hereof; Unpaid
irrigation fees or administration charges shall be preferred liens, first, upon the
land benefited, and then on the crops raised thereon, which liens shall have

preference over all other liens ¢

pt for taxes on the land, and such preferred

liens shall not be removed until all fees or administration charges are paid or the
property is levied upon and sold by the National Irrigation Administration for
the satisfaction thereof. Judicial actions for the collection of unpaid irrigation
fees or charges, drainage fees or other charges which the National Irrigation

Administration is authorized to impose and collect, shall henceforth be

governed by the provisions of the Rules of Court of the Philippines for similar

actions, the provisions of other laws to the contrary notwithstanding:
(©) xxx xxx
(B) Paragraph (b) Section 3 of RA 3016, as amended by Section

3 of PD 552, to read as follows:


“ Section 3.

a) XXX_XXXXXX,

(b) Operating Capital. — All amounts collected by the National
Irrigation Administration as imigation fees, administration charges,
drainage fees, equipment rentals, proceeds from the sale of unserviceable
equipment and materials, sale of all reparation goods allocated to the
defunct Inrigation Service Unit and the National Irrigation
Administration, and all other income shall be added to its operating

capital.

The National Irrigation Administration is hereby authorized to impose as

an administration and engineering overhead charge, 5% of the total cost
of projects undertaken by it, which shall likewise form part of its

operating capital."

SI

ON. 3. ‘This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.

Approved,