FIFTEENTH CONGRESS OF THE )
IBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES
HOUSE BILL No. 1

Introduced by the Honorable Agapito H. Guanlao

EXPLANATORY NOTE

In the year 2002, agriculture accounted for 19% of the Philippines’ Gross National Product
(GNP) and 36.5% of employment. Filipino farmers, who are the key players in this important
industry, obtain government ince and support mainly through agricultural development
workers.

Agriculturists, veterinarians, agricultural engineers, aquaculturists, extension workers,
extensionists, nutritionists, agricultural technologists and other agricultural technicians maintain
the government's linkages to farmers all over the country in pursuing the modernization of
Philippine agriculture.

The delivery of services to farmers had been left considerably weakened and fragmented by the
devolution of certain government functions to the local level and the ensuing coordination
problems between the Department of Agriculture and Local Government Units (LGUs).

Confronted with financial constraints, LGUs often dispensed with the hiring of agriculturists at
the city and municipal levels because these positions are optional in the Local Government Code
of 1991. This bill seeks to make these positions mandatory in the city and municipal levels, as
well as the creation of the positions of agricultural engincer and fisheries and aquacultural officer
in the provincial, city and municipal governments.

‘This bill seeks to affirm the rights of agricultural workers with provisions for their career
development as a way of acknowledging their important role in agricultural modernization.

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

HON. AGAPIT' /GUANLAO’


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESE! TIVES

HOUSE BILLNo.___ 1771

Introduced by the Honorable Agapito H. Guanlao

AN ACT
PROVIDING FOR A WHOLISTIC PROGRAM FOR AGRICULTURAL
DEVELOMENT WORKERS AND FOR THER PURPOSES

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

ARTICL
TITLE OF THE ACT AND DI

if
INITION OF TERMS

SECTION 1. Short
Agricultural Development Workers.”

ct shall be known as the “Magna Carta of

SECTION 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.

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



b) 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.

d) 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.

g) 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.

h) 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 end fisheries development plans, programs and
projects through the use of extension methodologies, concepts and principles.

i) CSC - refers to the Civil Service Commission.
j) 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 I
AGRICULTURE SERVICE CAREER DEVELOPMENT

SECTION. 4. 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 Civil 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, respon:

ities, position ti

's and qualifications of the agricultural

development workers employed at the Department of Agriculture, Local Government Units and
concerned government agencies, and miatch them with appropriate position titles and

compensation: Provided, 1

hat the following benchmark position titles of agricultural

development workers with corresponding salary grades shall be used.

Position

Agricultural Technician I
Agriculturist
Aquaculturist [
Nutritionist 1
Veterinarian I
Agricultural Engineer [
Agricultural Technologist
City Agricultural Engineer
City veterinarian

City Agriculturist

City Fishery Officer
Municipal Agriculturist
Municipal Veterinarian

Municipal Agricultural Engineer

Municipal Fisheries Officer

Provincial Agricultural Engineer

Provincial Agriculturist
Provincial Veterinarian
Provincial Fisheries Officer

SECTION 5. Mandatory

Salary Grade

10
12
12
12
13
13
15
24
24
24
24
24
24
24
24
26
26
26
26

sitions of Agricultural Development Workers in the

Local Government Units - The Creation of the following position is hereby made mandatory in
addition to the prescribed position under the Local Government Code of 1991:

Provincial Agricultural Engineer

Provincial Fisheries and Aquacultural Officer

City Agriculturist
City Agricultural
City Veterinarian
City
Municipal Agriculturist

engineer

isheries and Aquacultural Officer


Municipal Agricultural Engineer
Municipal Veterinarian
Municipal Fisheries and Aquacultural Officer

Provided, That in the case of fourth (4'h) 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.

SECTION 6. 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 eligibilities and/or professional license,
educational qualification, skills and experience:

SECTION 7. - Performance Evaluation and Promotion - 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.

SE6. 8. Transfer or 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 concemed 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 élections: 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.

SECTION 9. 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 backwages.

However, if the agricultural worker does not desire to be reinstated, he/she shall be
entitled to backwages and separation pay.


ited - An agricultural worker shall not be
inated by reason of creed, sect, political belief, civil status, and ethnic grouping in the
exercise of his/her profession.

SECTION 11, 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 overextending 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 case of overloading of personnel in specific areas of assignment.

SECTION 12. Code of Conduct - All agricultural worker 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
Seeretary of Agriculture in consultation with the recognized national associations of agricultural
development workers.

SECTION 13. Normal Hours of Work - The normal hours of work ofan 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

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

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

SECTION 14. 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,

SECTION 15. Training and Scholarship Program - The Department of Agriculture
through its scholarship committee and the Agricultural Training Institute shall undertake
trainings and scholarship programs for the agricultural development workers, which shall be
given adequate budgetary support y the Government.


SECTION 16. Married Agricultural Worker - 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 I
INCENTIVES AND REWARDS SYSTEM

SECTION 17. 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.

SECTION 18. 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
entitled to Representation Allowance and Travelling Allowance (RATA) equivalent
to the Department Head of the Local Government Units.

b) Hazard Allowance - All agricultural development workers assigned in difficult areas,
strife-torn or embattled areas, distressed or isolated stations, animal/planv/fisheries
breeding station, plant nurseries, plantations and demonstration farms, laboratories
especially those handling x-rays, radio-isotopes, chemicals, ctc., sea-borne patrols,
construction and installation of agricultural infrastructure projects, and other areas
declared under a state of calamity or emergency which expose them to great danger
and occupational risks shall be compensated with hazard allowance equivalent to at
least twenty per centurn (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.

d) 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 renders.

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

f) Housing - All 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 quarter for free: Provided, That if such living
quarters are not available, the workers shall receive housing allowances: Provided,
further, That said allowance shall be reviewed periodically and adjusted for inflation.

g) Compensation for Inquiries - 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

SECTION 19. Human Resource Development - The Government and nongovernment
agencies shall conduct human resource development and management studies in the following
areas:

a) Adequate facilities and resources to render quality agricultural service to the clientele;

7


b

Opportunity 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

5

Staffing pattems and standards of welfare for agricultural development workers
welfare to ensure that they receive quality care.

SECTION 20. Implementing Rules and Regulations (IRR) - The Secretary of the
Department of Agriculture in consultation with DOLE, CSC, NLRC, DILG and the national
organizations of agricultural development workers shall formulate and prepare necessary rules
and regulations in implementing the provisions of this Act.

SECTION 21. Monitoring and Implementation - The Secretary of Agriculture shall
create a Monitoring Committee which shell monitor the implementation of the provisions of this
Act, The committee shall be composed of representatives of the DA, DILG, CSC and the
recognized national associations of agricultural development workers: Provided, further, That the
Secretary of Agriculture 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,

SECTION 22. 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 (Php 20,000.00) but not more than Forty Thousand Pesos (Php
40,000.00) or imprisonment of not more than one (1) year, o both, at the discretion of the court.

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

SECTION 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.

SECTION 24. Separability Clause - I 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


SECTION 25. 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

SECTION 26. Effectivity Clause - This Act shall take effect fifteen (15) days after its
Publication in two (2) newspapers of general circulation.

Approved,