Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS.
First Regular Session

HOUSE BILL NO. _ 3737

SCUDERO

Introduced by REP. EVELINA G.

EXPLANATORY NOTE

The Philippines’ largest industry upon which its economy is based on agriculture, The
Filipino farmers and the agricultural development workers either in as government and non-
government services are the key players in the agricultural sector which require government
support and assistance. By and large, the agricultural development workers provide the
services in the countryside necessary for modernizing Philippine agriculture.

At present, the weak and fragmented agricultural service delivery operating within the
Department of Agriculture and the Local Government Units hampers the implementation of
government agricultural development programs. One of the causes of this problem is that the
LGU’s are financially constrained to hire the needed agricultural development workers and
provide them with the necessary support.

This bill seeks to address these concerns. Its immediate passage is therefore earnestly

requested,

‘LINA G, ESCUDERO.



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

16" CONGRESS
First Regular Session

no, S08

HOUSE BIL}

Introduced by REP. EVELINA G. ESCDERO.

AN ACT
PROVIDING FOR A MAGNA CARTA OF AGRICULTURE AND FISHERY
DEVELOPMENT WORKERS,

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

SECTION 1. Title — This Act shall be known as the “Magna Carta of Agriculture and
Fishery Development Workers.”

SEC. 2. Declaration of Policy ~ It is hereby declared the policy of the State to
accelerate the development and modernization of Philippine agriculture and improve the
economic and social well-being of agriculture and fishery development workers as well as
their working condition 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 the countryside development.

SE Definition of Terms — As used in this Act, the following terms shall be
construed to mean as follows:

(a) Agricultural Engineer shall refer to a person registered with the Professional
Regulation Commission (PRC) 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;

(b) Agricultural Extension worker shall refer to an agriculturist, veterinarian,
agricultural engineer, aquaculturist, nutritionist, or home extensionist who helps farmers and
fishermen in the promotion of agricultural and fishery development plans, programs and
projects through the use of extension methodologies, concepts and principles.

(©) 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 and farm mechanic.


(@) Agricultural and fishery development workers shall refer to all persons who are
engaged in agriculture and fishery development activities and all persons employed in the
Department of Agriculture (DA) including its bureaus and attached agencies, local
government units (LGUs) and concerned government institutions, and shall include
aquaculturists, veterinarians, agricultural engineers, agricultural extension workers,
agricultural technicians and operators, and allied agricultural professionals employed
regardless of their employment status. They are graduates of either agriculture, fisheries,
animal science, animal husbandry or any other related course from a recognized college or
university and are holders of appropriate civil service eligibility or its equivalent.

(e) Agriculturist shall refer to a person who is a graduate of a four (4) year course in
agriculture or any related course performing any of the specialized activities such as a
agronomy, horticulture, animal husbandry entomology, plant pathology, plant breeding,
agricultural economics, agricultural extension and marketing,

(©) Aquaculturist shall refer to a person who is a graduate of a four (4) year course,
either in fisheries and aquaculture, or fishery production and processing.

(g) Nutritionist shall refer to a person registered with the PRC performing activities
related to dietary and proper nutrition.

(h) Veterinarian shall refer to a person registered with the PRC performing
professional activities in the line with the practice of veterinary medicine such as animal
health, diseases prevention and control.

SEC. 4. Coverage. - Act shall cover all eligible agriculture and fishery
development workers, agricultural practitioners. in government and all those
promoted/appointed as provincial/municipal/city agriculturist and as department heads of the
LGUs under Republic Act No. 7160, otherwise known as the Local Government Code of
1991: Provided, That the Civil Service Commission (CSC), as the case may be, develops and
administers specialized examination for purposes of providing appropriate eligibilities to
positions.

SEC. 5. Recruitment and Qualifications ~ The position of the municipal agriculturist
or city agriculturist shall be mandatory in LGUs which are predominantly adaptable or
engaged in agriculture as determined by the LGU concemed. In areas more adaptable to
commercial/industrial purposes, the creation of said positions shall be subject to the approval
of the sanggunian concemed. The selection and appointment of agricultural
officers/employees shall be in accordance with the merit and fitness principle: Provided,
That, he/she is an eligible agriculture/fishery officer and/or employee.

SEC. 6. Transfer or Geographical Reassignment of Agriculture and Fishery
Development Workers. — Except in the interest of public service, no transfer or geographical
reassignment shall be made or effected without a written notice to the agriculture and fishery
development workers concerned stating therein the reasons 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 agriculture and fishery development worker concemed believes
that there is no justification for the transfer and/or reassignment, one may appeal one’s case
to the CSC, which shall cause one’s reassignment to be automatically held in abeyance until
it rules on the matter: Provided, furthermore, That, transfer or reassignment coinciding with


any local or national election shall be made in compliance with the Election Code and other
existing laws and rules: Provided, finally, That the necessary expenses for the relocation
and/or reassignment of the agriculture and fishery development worker or employee and
one’s immediate family shall be paid for by the government,

SEC. 7. Safeguards in Administrative Proceedings. — In every administrative
proceedings an agriculture and fishery development worker shall have:

(a) The right to be informed of the charges in writing;
(b) The right to full access to the evidence in the case;

(c) The right to defend himselffherself or to be defended by a counsel of his/her
choice;

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

(e) The right to appeal to designated authorities;

(f) The right to confront witnesses presented against him/her and summon witnesses in
his/her behalf;

(g) The right to reimbursement for reasonable expenses incurred in his/her defense in
case of exoneration or dismissal of the charges; and

(h) Such other right provided by other national agencies and LGUs to its respective
officers and employees so as to ensure fairness and impartiality in the proceedings,

SEC. 8. Code of Conduct — All agriculture and fishery development workers must be
Buided by a code of ethics not contrary to law, moral standard, safety, health, publie policy
and public order. The code of conduct of agriculture and fishery development workers shall
be prepared by the Secretary of Agriculture, in consultation with the league of
cities/munieipalities and the CSC, and shall be issued ninety (90) days after the effectivity of
this Act.

SEC. 9. Normal Hours of Work — The normal hours of work of any agriculture and
fishery development worker shall not exceed eight (8) hours a day or forty (40) hours a week.
Hours of work shall include:

(@) The time during which the agriculture and fishery development worker is required
to be on active duty or to be ata prescribed workplace; and

(b) The time during which an agriculture and fishery development worker is required
to work in a place other than the prescribed workplace:

SEC. 10. Overtime Work — Where the exigencies of the service so require, any
agriculture and fishery development worker may be required to render service beyond the
normal eight (8) hours a day, inclusive of Saturdays, Sundays and non-working holidays. In


such case, the agriculture and fishery development worker shall be given an additional
compensation in accordance with existing laws.

SEC. 11. Married Agriculture and Fishery Development Worker. — Whenever
possible, the proper authorities shall take steps to enable married couples, both of whom are
public workers, to be employed or assigned in the same municipality/city;

SEC. 12. Basic Compensation — The provisions of Joint Resolution No. 4, series of
2009, entitled, “Joint Resolution Authorizing the President of the Philippines to Modify the
Compensation and Position Classification System of Civilian Personnel and the Base Pay
Schedule of Military and Uniformed Personnel in the Government, and for Other Purpose”,
shall apply in determining the salaries of agriculture and fishery development workers.

SEC.13. Other Benefits. — All agriculture and fishery development workers shall be
entitled to merit and other personnel and career development programs, hazard pay, clothing
allowance and other privileges and benefits subject to the pertinent provisions of Joint
Resolution No. 4, series of 2009.

SEC. 14, Retirement Benefits. — All agriculture and fishery development workers shall
be entitled to terminal pays: Provided, however, That the number of years rendered by the
devolved personnel in the national level shall be paid by the DA upon retirement including
the corresponding accrued leave credits, while the services rendered to the LGUs shall be
paid by the LGU concerned.

SEC. 15. Housing. ~ All agriculture and fishery development workers who are on tour
of duty and those, because of unavoidable circumstances are forced to stay in the
regional/filed/agency, community, etc., shall entitled to free living quarters within the
regional/field office/agency. If such quarters are not available, they shall be entitled to
housing allowance as may be determined by the appropriate government agencies concerned:
Provided, That the rate shall be periodically adjusted for inflation

SEC. 16. Compensation for Injuries. ~ Agriculture and fishery development workers
shall be protected against work-related injuries in accordance with the Civil Service Law.
Injuries incurred while doing overtime work shall be presumed work-connected.

SEC. 17. Right to Join Organizations, — Agriculture and fishery development
workers shall have the right to freely join organization or union for purposes not contrary to
law, in order to depend and protect their mutual interest and to obtain redress of grievances
through peaceful concerted activities: Provided, That under no circumstances shall
government agriculture and fishery development workers join, declare, stage, form any strike
or cessation of services.

SEC. 18. Freedom from Interference of Coercion. — It shall be unlawful for any
person to commit any of the following acts of interference or coercion:

(@) To require as condition of employment that the agriculture and fishery
development worker shall not join an agricultural organization or union;

(b) To discriminate in order to encourage or discourage membership in any agriculture
and fishery development workers” organization or union:


(©) To prevent an agriculture and fishery development worker from carrying out
one’s duties and functions in the agricultural work organization or union or to penalize
him/her for any lawful action performed in that capacity;

(@) To harass and interfere with the intention of intimidating or preventing the
agriculture and fishery development worker from performing his/her duties and functions;
and

(e) To perform acts calculated to diminish the independence and freedom of the
union or organization to direct its own affairs;

SEC. 19. Consultation. ~ The DA shall consult professional and agricultural work
organizations or unions in formulating policies to govern the welfare and security agriculture
and fishery development workers.

SEC. 20. Human Resource Development. ~ The DA shall conduct human resource
development and management studies and make recommendations for appropriate action by
the concerned LGU in collaboration with the Department in the following areas:

(a) Development and maintenance of adequate facilities and resources to enable
agriculture and fishery development workers to render effective services to clientele:

(b) Creation of opportunities for agriculture and fishery development workers to grow
and develop their potentials and to experience a sense of worth and dignity in their work;

(©) Development and continuing improvement of mechanisms for democratic
consultation;

(d) Ways and means of enabling rank-and-file agriculture and fishery development
workers to attain viable education opportunities for personal growth and development; and

(e) Constant review and implementation of staffing pattems and qualification standards
for agriculture and fishery development workers to ensure that farmers and fisherfolks
receive quality services.

SEC. 21. Rules and Regulations. ~ Pursuant to Joint Resolution No. 4, the Department
of Budget and Management (DBM) is authorized to issue the necessary guidelines, rules and
regulations on the grant of Magna Carta benefits authorized for agriculture and fishery
development workers to determine those that may be categorized in the total compensation.
framework.

SEC. 22. Penal Provisions. ~ Any person who shall willfully interfere with, restrain
or coerce any agriculture and fishery development worker in the exercise of one’s right or
shall in any matter commit any act in violation of 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
addition to the penalties provided in this paragraph, may impose the additional penalty of
disqualification from office.


SEC. 23. 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.

SI
unconstitutional or invalid, the other provi
be in full force and affect;

. 24. Separability Clause. — If any provision from this Act is declared
ns thereof not affected thereby shall continue to

SEC. 25. Repealing Clause. ~ All laws, decrees, orders, rules and regulations or other
suance inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly;

SEC. 26. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspapers of general circulation,

Approved,