NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
(i 
,c.. r. t.i
of ll5c ^ftretntp
■22 JUL 13 PI :13
SENATE
s.No. 493
RECEIVtO E'i;
Introduced by: Senator Loren Legarda
AN ACT
STRENGTHENING THE FARM-TO-MARKET ROAD DEVELOPMENT 
PROGRAM AND PROVIDING FOR A SUSTAINED REGULAR FUNDING 
SUPPORT TO ACCELERATE ITS IMPLEMENTATION
EXPLANATORY NOTE
Farm-To-Market Roads (FMRs) are the foundation of modern agriculture. FMR 
projects serve as catalysts in improving the country's rural economy by alleviating 
poverty incidence in recipient communities. FMRs are critical to greater food 
production and reduction in the prices of agricultural commodities. FMRs improve 
the mobility of people, goods, and services. They provide access to employment 
opportunities and basic social services. FMRs can increase local trade and 
productivity, reduce transportation costs of farm input and output, and minimize 
post-harvest losses.
In the World Bank's review on the Mandanas ruling and potential implications 
for the FMR Development Program (FMRDP), it was pointed out that one particular 
problem for roads may be the under-funding of operations, repair, rehabilitation, and 
maintenance. Poor roads significantly increase costs for vehicle operators. And 
according to World Bank estimates, road repair costs are six times higher after three 
years of neglect and 18 times higher after five years.1
1The World Bank (June 2021). Mandanas Ruling and Potential Implications for the Farm-to-Market Road Development 
Program: A Public Expenditure Review. Manila, Philippines.


It further mentioned that while the budget for the national road program as a 
whole has been increasing significantly in recent years, the share of the budget 
devoted to FMRs has been declining, falling from 7.6% of the total in 2015 to 2.6% in 
2021.
In this regard, there is a need to strengthen the FMRDP and provide adequate 
funding support for its implementation.
In view of the foregoing, the approval of this bill is urgently sought.
LOREN LEGARDA


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
- Vv'
of tii/ f:
■22 JUL 13 PI :13
SENATE
S. No. 493
iitc
Introduced by: Senator Loren Legarda
AN ACT
STRENGTHENING THE FARM-TO-MARKET ROAD DEVELOPMENT 
PROGRAM AND PROVIDING FOR A SUSTAINED REGULAR FUNDING 
SUPPORT TO ACCELERATE ITS IMPLEMENTATION
Be it enacted by the Senate and House of Representatives of the Philippines in session 
assembled:
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Section 1. Short Title. - This act shall be known as the "Farm-to-Market Road
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Development and Acceleration Act of 2022. "
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Sec. 2. Declaration of Policy. - The State recognizes the vital importance and
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contribution of farm-to-market roads in providing connectivity for transporting
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inputs to farmers and bringing their production areas to distant markets, facilitating
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the transport of produce and goods in an efficient, cost-effective, and convenient
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manner, thus help achieve national food security and improve the lives of farmers and
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fisher folks.
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Given this, the State shall strengthen the Farm-to-Market Roads Development
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Program and provide adequate funding support to accelerate its implementation.
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Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall
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be defined as follows:
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a. Farm-to-Market Roads (FMR) - shall refer to public infrastructure
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projects within agricultural, livestock, and fishery production,
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marketing, and processing areas linked to all-weather or higher
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road class such as municipal, city, provincial, national primary.


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and secondary roads. These are either barangay roads, purok or 
sitio roads, and other farm-access roads, 
b. Farm Access Roads- shall refer to existing road access within 
agricultural production, processing, and related infrastructure 
including private roads, trails, and tire-path, which are not yet 
classified as a municipal, city, provincial, national primary, and 
secondary roads.
Sec. 4. Strengthening the Farm-to-Market Road Development Program. - The Farm- 
to-Market Road Development Program (FMRDP) of the Department of Agriculture is 
hereby strengthened with the following objectives:
a) Formulate and update the National Farm-to-Market Road Modernization 
Network Plan;
b) Strengthen the identification, validation, and prioritization of FMRs to 
ensure rational and equitable funding allocation;
c) Accelerate the construction of climate-smart and standards-compliant farm- 
to-market roads in key agricultural and fisheries production areas;
d) Strengthen the support services at the national and local levels relative to 
the implementation of FMRs;
- e) Institute convergence and coordination among concerned national 
government agencies and local government units insofar as to the planning 
and implementation of farm-to-market roads; and
f) Improve and sustain the maintenance of farm-to-market roads by the Local 
Government Units.
Sec. 5. Implementation of FMRDP. - The Department of Agriculture (DA) 
through its Bureau of Agricultural and Fisheries Engineering (BAFE) shall oversee 
and manage the FMRDP and develop a state-of-the-art system to effectively monitor 
its implementation. The DA shall likewise:
a) Serve as the lead implementing agency and fund administrator of the 
FMRDP and is hereby authorized to issue the necessary and appropriate 
operational guidelines and policies to fully implement the Program;
b) In collaboration with DPWH and other concerned entities and agencies, 
shall formulate a strategy to ensure the timely implementation of projects, 
such as but not limited to the setting of technical specifications, clustering.
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and geo-tagging of projects for cost efficiency in the procurement thereof 
and effective management and implementation of projects; and
c) Submit annual reports of its implementation status to the Congressional 
Oversight Committee on Agriculture and Fisheries Modernization.
Towards this end, the BAFE is hereby strengthened and operates as a line bureau 
of DA and establishes its regional and field offices to implement this program 
effectively and efficiently, as well as its mandates on agri-fisheries mechanization and 
infrastructures. The BAFE is further given the mandate and authority to implement, 
conduct procurement and supervise contractors of the GAA-funded FMR projects as 
well as foreign-assisted projects following the provisions of Republic Act 9184 and 
other applicable laws, adapting the guidelines to be promulgated by the DA, and 
using the relevant methodologies and tools of the Philippine Rural Development 
Project.
Sec. 6. Formulation and Updating of Farm-to~Market Road Modernization Network 
Plan. - The Department of Agriculture (DA) through the Bureau of Agricultural and 
Fisheries Engineering (BAFE) in coordination and consultation with concerned 
national government agencies, local government units, farmer and fisher folk groups, 
private sector, civil society orgcinizations, and other stakeholders shall formulate a 20- 
year Farm-to-Market Road Modernization Netw ork Pkin (FMRMNP) which shall be 
reviewed and updated every year from the effectivity of this Act.
The FMRMNP shall list all priority farm-to-market road projects for opening, 
repair, rehabilitation, and upgrading to higher road pavement class in the Philippines 
interfaced with the Local Road Network Plan formulated by the concerned local 
government units. This plan shall also contain the validated FMR project proposals by 
the DA to be funded annually by the national government based on formulated 
science-based tools and prioritization criteria, and operational guidelines to be issued 
by the Secretary of Agriculture.
The DA shall submit to the Department of Budget and Management (DBM) 
within one (1) year from the effectivity of this Act and within the budget preparation 
call of every year thereafter, an annual national Farm-to-Market Road Modernization 
Network Plan of the Public Investment Program (PIP).


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Sec. 7. Incorporation of Existing Farm-to-Market Road Projects. - All continuing 
and existing farm-to-market road projects being funded and implemented by the 
national government are hereby incorporated in the FMRMNP under this Act.
The continuing appropriations for all FMR projects being funded and 
implemented by the national government prior to the effectivity of this Act, except 
those funded under the Grassroots Participatory Budgeting (GPB) program or any 
other similar programs and are included in the Plan, shall be considered part of the 
Program's appropriation as provided in Section 20.
New FMR programs and projects to be funded through official development 
assistance after the effectivity of this Act are encouraged to be incorporated into the 
Plan.
Sec. 8. Identification and Prioritization Criteria. The Department shall coordinate 
with the LGUs and the resident farmers and fisherfolk to identify priority locations of 
farm-to-market roads that take into account the number of farmers and fisherfolk and 
their families who shall benefit therefrom and the amount, kind, and importance of 
agricultural and fisheries products produced in the area.
The prioritization of FMRs shall be based on the following criteria:
(a) Agro-industrial potential of the area;
, (b) Socio-economic contributions of the investments in the area;
(c) Absence of public investments in the area; and
(d) Presence of agrarian reform beneficiaries and other small farmers and fisher
folk in the area.
Farm-to-market road investments shall give preference to the kind, type, and 
design of facilities that are cost-effective and will be useful for the production, 
conservation, and distribution of most commodities and should benefit the most 
number of agriculture and fisheries producers and processors.
Sec. 9. Management Information System. - The existing Agricultural and 
Biosystems Engineering Management Information System (ABEMIS) shall be 
strengthened to monitor the project implementation of FMRs which include the 
following:
a) 
pre-implementation activity such as survey, detailed engineering
design, a program of work, right-of-way acquisition, feasibility study;
b) procurement;
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c) progress construction monitoring;
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d) operation and maintenance audit; and
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e) completed inventory list.
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Sec. 10. Design and Construction Standards - All FMRs to be implemented shall
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conform to the existing, developed, and adopted design and construction standards
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by the DA and DPWH, PNS/PABES, and other relevant standards.
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Sec. 11. FMR Monitoring and Evaluation - All procuring entities implementing
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FMR projects shall require the evaluation of the performance of their constructors
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following the NEDA-approved Constructors Performance Evaluation System (CPES)
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Guidelines to ensure conformance to the specified requirements. The
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funding/implementing agency's CPES-Implementing Unit shall be responsible for
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the implementation of CPES Implementing Guidelines and the conduct of CPES
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methodology for their ongoing FMR projects.
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The BAFE shall likewise undertake the monitoring and evaluation of FMRs.
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Sec. 12. Research and Development for FMRs. - The DA-BAFE shall formulate a
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Research and Development Agenda for Agricultural Infrastructure Program
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encompassing among others the following thematic areas:
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a) Periodic preparation of a National Research, Development & Engineering
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(RD&E) Agenda for Agricultural Infrastructure aligned to formulated
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commodity roadmaps and the national development plans;
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b) Formulation of locally applicable measurement and monitoring tools for
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improving Accessibility, Road Influence Area Estimation among others;
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c) Conduct of National Impact Assessment/Evaluation on FMR contribution to
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agricultural potential, productivity, and competitiveness by 2020;
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d) FMR Road Condition Survey nationwide;
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e) Analyze the implication of average daily traffic count in the prioritization and
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selection of road design for FMR in light of limited & competing needs for
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government budget;
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f) Identify institutions such as State Universities and Colleges (SUCs), Bureau of
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Soils and Water Management (BSWM), and National Irrigation Administration
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(NIA), among others to conduct these R&Ds related to FMR and other
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agricultural infrastructures.
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g) FMR Road Accessibility Index; and
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h) Other aspects and issues on FMR and other agricultural infrastructures in
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relation to economic development; and
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The DA-Bureau of Agricultural Research shall integrate the identified
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researchable themes in its plans and programs and shall allocate a portion from its
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yearly R&D budget to implement this provision in addition to the available funds
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provided in Section 24 of this Act.
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Sec. 13. Human Resource Development - The DA tlirough BATE in collaboration
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with Technical Education and Skills Development Authority (TESDA), Commission
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on Higher Education (CHED), and other concerned government agencies shall
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formulate and implement a Human Resource Development Program to support the
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FMRDP. This includes the conduct of training and other capacity development
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activities for agricultural and biosystems engineers, construction workers, barangay
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Local Government Units (LGUs) for the maintenance of FMRs, and other FMR
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workforce.
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The DA and the Department of Public Works and Highways (DPWH) shall
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provide the necessary skills and capacity development to all agencies implementing
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FMR including the LGUs in the preparation of engineering designs, plans,
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specifications, project studies, feasibility studies, and estimates, and the supervision,
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and management and monitoring of the construction. The Department of Labor and
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Employment (DOLE), through the Occupational Safety and Health Center, shall
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maintain and monitor the implementation of occupational safety and health standards
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on the construction site.
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Sec. 14. Climate Smart FMRs. - Climate-Smart FMRs shall be pursued through
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the provision of slope protection structures using coco net or bioengineering
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technologies and the integration of polymer-based soil stabilizers, as necessary in the
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detailed engineering design of FMRs which will ensure compactness and stability of
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sub-base/base course.
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Sec. 15. Roles and Responsibilities of the Local Government Units. - The Local
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Government Units shall have the following roles and responsibilities:
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a) Identify proposed FMR project sites in coordination and consultation with
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farmers7 organizations and other stakeholders.
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b) Ensure the settlement of road right-of-way for the FMR projects submitted to
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the DA.


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c) Through its Agricultural and Biosystems Engineering Office at the provincial,
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city, and municipal levels, assist the BAFE and Regional Agricultural
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Engineering Division (RAED) of their respective region on the:
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1. Site survey and staking to ensure participatory validation and
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concurrence;
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2. Monitoring of completed FMRs;
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3. Establishment and updating of the FMR database in the ABEMIS;
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4. Preparation and updating of provincial, city, and municipal FMRNP
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which shall form part of the LGUs Local Roads Network Development
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Plans (LRNDP) and share their respective shape file (.shp) and KMZ file
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(.kmz) to BAFE; and
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5. Conduct joint inspections with RAED and DPWH District Offices to
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ensure the full delivery of the items/works specified in the contract and
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assess the status and condition of the road; and
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6. Assist in the preparation of requirements prior to and after the site
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validation.
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d) Ensure that the proposed FMR projects are included in the Local Development
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Investment Plan (LDIP) or Local Agriculture and Fisheries Modernization Plan
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(AFMP) or Provincial Commodity Investment Plan (PCIP).
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e) Responsible for repair and maintenance of FMRs, as provided under Section 16
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of this Act.
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Sec. 16. Right of Way and Road Maintenance. - All right-of-way issues including
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the payment of just compensation to property owners shall be adequately addressed
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and settled by the concerned Local Government Unit (LGU) vrhere the road project is
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located and the applicable provisions of the amended Road Right of Way Act and
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other relevant laws.
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The LGU shall be responsible for the maintenance of farm-to-market roads
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upon its completion and turn-over. Furthermore, the LGUs are hereby authorized to
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allocate not more than 20% from their Development Fund for the maintenance of the
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FMRs within their territorial jurisdiction.
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Sec. 17. Incentive for Road Right of Way Lot Donors. - Lot donors of Farm-to-
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Market Road projects throughout the country including those that are not yet perfectly
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segregated from the title or tax declaration of lot owners for earlier FMR projects
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funded by the government which has a duly notarized deed of donation are hereby
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entitled to a 20-year real property tax payment holiday to the specific lot parcel where
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the FMR right of way is constructed as a form of incentives. The DA, Department of
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Interior and Local Government (DILG), and Department of Finance (DOF) are hereby
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authorized to issue the corresponding implementing rules and regulations of this
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provision.
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The pertinent provisions of Republic Act 10023, such other laws and
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implementing guidelines issued to govern the issuance of special and free patents in
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favor of the Philippine government, its branches, and instrumentalities, to lot parcels
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used and intended for government projects, are hereby incorporated in this Act.
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Sec. 18. Incentives for private sector participation in FMRDP. - The applicable
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provisions of RA 7718 (amended Philippine Build Operate Transfer—BOT—Law) are
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hereby incorporated specifically the inclusion of farm-to-market road among the
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eligible projects covered by this law and the corresponding incentives and modalities
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appropriate thereto.
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Sec. 19. Inclusion of Farm-to-Market Roads in the Philippine Road Network
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Classification System. - The DPWH, DILG, and the Local Government Units are hereby
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mandated to include farm-to-market roads as a distinct and separate class from
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barangay roads in the Philippine Road network classification system. Towards this
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end, the concerned LGUs shall designate the FMRs within their respective jurisdiction
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and incorporate them in the updating of their Local Road Network Development Plan.
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Sec. 20. Appropriations. - Annual appropriations for the Program shall include
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the amounts necessary to support and administer the implementation requirements
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of all farm-to-market road infrastructure projects included in the Plan.
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The Program shall be allocated at least Php 20 billion per year under the General
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Appropriations Act (GAA). Additional funds over and above the regular yearly
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budget of the Department shall be sourced from:
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a) not less than 10% of the project cost from the development fund of LGUs as their
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counterpart;
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b) 30% of the 80% Special Road Support Fund collected under Republic Act 8794
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(Motor Vehicle User Charge Law);


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c) 20% of the 80% remaining balance of incremental revenue derived from RA
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10351 (Restructuring the Excise Tax Rate for Cigars, Cigarette, and Alcoholic
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Beverages) and its amendments;
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d) 50% of the collected penalties imposed by Agri-Agra Law;
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e) 20% of the interest and other earnings of the Coconut Levy Fund to be allocated
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to coconut-producing areas certified by the Philippine Coconut Authority;
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f)' Official Development Assistance (ODA) and such other sources as may be
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determined by the national government and Local Government Units upon
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effectivity of this Act.
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Provided, and that such allocation for the balance appropriation thereafter shall be
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determined by Congress upon the recommendation of the Secretary of the
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Department of Agriculture and the Department of Budget and Management.
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Provided further, that the appropriations to implement this Act shall be integrated
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into the Department of Agriculture budget every fiscal year. An amount not exceeding
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10% of the annual allocation shall be earmarked for administrative expenses,
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developmental activities, and capital outlays to be managed by the DA-BAFE for the
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administrative, overhead, research and development, and capital expenses to
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implement the purposes of this Act.
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Sec. 21. Equitable Allocation ofFMR Projects. - Notwithstanding any provision of
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the law to the contrary, the appropriations for farm-to-market road projects shall be
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allocated among provinces and municipalities in the following manner:
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(a) Thirty percent (30%) of the farm-to-market road appropriations to be allocated
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for provinces; and
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(b) Seventy percent (70%) of the farm-to-market road appropriations to be
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allocated for municipalities:
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Provided, that the share of each province and municipality shall be determined based
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on the following formula:
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(a) Twenty-five percent (25%) of farm-to-market road appropriations to be
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allocated pro-rata according to the population of the province or municipality
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in relation to the total population of the country;
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(b) Fifty percent (50%) of farm-to-market road appropriations to be allocated pro-
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rata according to the land area of the province or municipality in relation to the
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total land area of the country; and
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(c) Twenty-five percent (25%) of farm-to-market road appropriations are to be
allocated equally among the provinces or municipalities.
Sec. 22. Congressional Oversight Committee. - There is hereby created a 
Congressional Oversight Committee to monitor and oversee the implementation of 
the provisions of this Act. It shall be under the auspices of the Congressional Oversight 
Committee on Agricultural and Fisheries Modernization.
Sec. 23. Periodic Review. - The Congressional Oversight Committee shall 
conduct a periodic review of the implementation of this Act every fifth year from its 
effectivity. The periodic review shall cover a systematic evaluation of the 
accomplishments and impact of this Act, the performance and organizational 
structure of its implementing agencies, and other funding sources for purposes of 
determining remedial legislation to fully carry out the intent of this Act.
Sec. 24. Implementing Rules and Regulation. - The Secretary of Agriculture shall 
issue rules and regulations as he or she may deem necessary for the implementation 
of this Act.
Sec. 25. Penal Provision. - Violation of any provision of this Act is hereby 
declared a criminal offense. Any individual or juridical entity in the private sector or 
government service who caused or was involved in any violation of this Act shall be 
imposed with a penalty of One Hundred Thousand Pesos (Php 100,000.00) and 
imprisonment per offense as may be determined by a court of competent jurisdiction.
Sec. 26. Repealing Clause. - All laws, decrees, executive orders, proclamations, 
rules, and regulations, or parts thereof inconsistent herewith are hereby repealed or 
modified accordingly.
Sec. 27. Separability Clause. - If any provisions of this Act are held invalid or 
unconstitutional, <-he other provisions not affected thereby shall remain valid and 
subsisting.
Sec. 28. Ejfectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation and shall 
remain valid and effective up to twenty (20) years thereof.
Approved,
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