Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

1939

House Bill No. ~~

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

ANACT PROVIDING FOR A MAGNA CARTA OF AGRICULTURE AND FISHERY
DEVELOPMENT WORKERS.

EXPLANATORY NOTE

The backbone of our country’s economy remains to be hinged on the
agriculture and fisheries industries. More than ever before, the country faces the
challenge of achieving food security under the looming threat of a global food
crisis caused by, among others, spiraling fuel and energy costs and the
degradation of the world's natural resources,

Thus, the landmark Agriculture and Fisheries Modernization Act of 1997
(AFMA) provides the policies and plans to the continuing modernization and
development of the agriculture and fisheries sector amid the ever-changing
demands of globalization and food security.

The success of AFMA depends on the men and women who comprise the
agriculture and fishery development workers. This bin seeks to accelerate the
development and moderization of Philippine agriculture and more importantly,
improve the economic and social well-being of agriculture and fishery
development workers as well as their working condition and employment status

The bill affirms the right of workers identified as follows: (a) security of

tenure: (b) prohibition of discrimination; (c) safeguards ill administrative
privileges; (d) normal working hours and overtime work; (e) training and
scholarship; (1) right to join organization; (g) freedom from interference or

coercion; and (h) human resource development. The bill also provides for an
incentives and rewards system.

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

wh
(LAN
DIOSDADO Me ARROYO enary arene ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BillNo.__1939

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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

Be it enacted by the Senate and the House of Representatives of th
Philippines in Congress assemble

SECTION 1. Title. - This Ad: shall be known as the "Magna Carta c
Agriculture and Fishery Development Workers Act of 2013.

SECTION 2. Declaration of Policy. - It is hereby declared the policy of th
State to accelerate the development and modernization of Philippine agricultur:
and improve the economic and social well-being of agriculture and fisher
development workers as well as their working condition and employment status. Thi
State shall likewise develop their skills, knowledge, orientation an
capabilities so that they will become more responsive and effective in providing th:
necessary services for countryside development.

SECTION 3. Definition of Terms. - As used In this Act, the following term
shall be construed to mean as follows:

(a) Agricultural Engineer - shall refer to a person registeres
with the Professional Regulation Commission performing engineerin:
activities in agriculture, particularly on areas of farm power and machinery
irrigation and drainage, soil and water conservation, agriculture, building an:
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.

(c) 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.

(d) Agriculture and Fishery Development Workers - shall mean all
persons who are engaged in agriculture and fishery development
activit.ies and all persons employed in the Department of Agriculture
including its bureaus and attached agencies, Local Government Units
and conoemed government institutions, state universities and colleges,
vocational and technical schools and training 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. 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 agnculture or any related come performing
any of the specialized activities such as agronomy, horticulture, animal
husbandry, entomology. plant pathology. plant breeding, agricultural
economics, agricultural extension and martc:eting.

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

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

(h) Veterinarian - shalt refer to a person registered with the
Professional Regulation Commission performing professional activities
on veterinary services such as disease prevention, control animal health

SECTION 4. Coverage. - This Act shall cover all eligible Agriculture and
Fishery development workers, agricultural practitioners in government and
those promoted/appointed as province/municipal/city agriculturist and as


Department Heads of the Local Government Units under Republic
Act No. 7100, otherwise known as the local Government Code of
1991; Provided, That the Civil Service Commission, as the case may
be. develops and administers specialized examination for purposes of
providing appropriate eligibilities to positions.

SECTION 5. Recruitment and Qualifications.- The position of the
Municipal Agriculturist shall be mandatory. In the absence of a Municipal
Agriculturist, the position of the agricultural officer who is occupying the
highest position in the municipality shall automatically be converted to
Municipal Agriculturist. 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.

SECTION 6. Performance Evaluation and Merit 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 and fishery development
workers. Such career and personnel development plan shall include provisions
on merit promotion, performance evaluation, in-service training grants, job
rotation and incentive awards system

SECTION 7. Composition - The composition of the Agricultural
Officers and Employees Consultative Council shall be determined from the
list. submitled by the Regional Association of Municipal City Agricultural
Officers and Provincial Agriculturists, throughout the country as well as from
the list submitted by the Agriculture and Fishery Council Chairman,
Provincial Agriculture and Fishery Council Chairman, Regional Agriculture

and Fishery Council Chairman and the National Agriculture and Fishery
Council Chairman.

SECTION 8. Transfer of Geographical Reassignment Agriculture/
Fishery 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 fisheries development workers concerned stating
therein the reasons for such; Provided, That said written notice shall be
made at least thirty (30) days prior to the date of transfer or reassignment;
Provided, further. That if the agriculture/fishery worker concemed believes
that there is no justification for the transfer and/or reassignment, he/she may
appeal his/her case to the Civil Service Commission, which shall
cause his/her reassignment to be held in abeyance; Provided,
furthermore, that transfer or reassignment coinciding with any local or
national election shall be made in compliance with the Omnibus Election
Code of the Philippines, as amended, and other existing laws and rules;
Provided, finally, that the necessary expertises of the transfer and/or
reassignment. of the agriculture/fishery worker or employee and his/her
immediate family shall be paid for by the Government


SECTION 9. Safeguards in Administrative Proceedings. - In every
administrative proceeding, an agriculture/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 himself/herself 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 the designated
authorities;

() the right to confront witnesses presented against his/her and summon
witnesses in his/her behalf:

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

(h) such other rights provided by other national agencies and local
government units to its respective officers and employees so as to
ensure fairness and impartiality in the proceedings

SECTION 10. Code of Conduct. — An agriculture/fishery development
workers must be guided by a code of ethics not contrary to law, moral standards.
safety. health, public poficy and public order. The code of conduct of
agriculture/fishery development worker's shall be prepared by the Secretary of
Agriculture in consultation with the recognized national associations of
agriculturaldevelopment workers,

SECTION 11. Normal Hours of Work- The normal hours of work of any
agriculture/fishery development worker shall not exceed eight (8) hours a day or
forty (40) hours a week. Hours of work shall include: (a) the time during which
the agriculture/fishery development worker is required to be on active duty or to
be at a prescribed workplace; and (b) the time during which an agriculturel/fishery
development worker is required to work in a place other than the prescribed
workplace

SECTION 12. Overtime Work- where the exigencies of the service
So require, any agriculture/fishery development worker may be required to render
service beyond the normal eight (8) hour workday, inclusive of Saturdays,
Sundays and non-working holidays. In such case, the agriculture/fishery
development worker shall be given an additional compensation. In
accordance with existing laws.


SECTION 13. On-Call Pay. - In cases of "On-Call" status, the
agriculture/fishery development worker shall be entitled to an "On-Call’ pay
equivalent to fifty per centum (50%) at his/her regular wage. “On-Call” status
refers to a condition when an agricultural officer/employee is called upon to
respond to urgent or immediate need or relief work during emergencies such
that the agricultureffishery development worker shall not be put on 'On-Call"
status beyond seven (7) days.

SECTION 14. Married Agricu/ture/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

SECTION 15. Basic Compensation. - The existing law on the salary scale
of govemment employees shall apply in determining the salaries of
agriculture/fisherydevelopment workers.

SECTION 16. Hazard Allowance. - Any agriculturel/fishery development
worker assigned in difficult areas, strife-torn or embattled areas, distressed or
isolated animal plant breeding station, and other areas declared under a state of
calamity or emergency, which expose them to great danger, volcanic
activity/eruption, occupational risks or perils of life, shall be compensated with
hazard allowance equivalent to at least twenty per centum (20%) of their monthly
basic salary.

SECTION 17. Subsistence Allowance. - Any  agricutture/fishery
development worker who is required to render service in the communities,
institutions, animal and plant breeding stations, fish sanctuaries/nurseries,
plantation and demonstration farms and other banner programs and_proiect
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 withthe prevailing circumstances.

SECTION 18. Longevity. - A longevity pay equivalent to five per centum
(5%) of the monthly basic pay shall be paid to an agriculture/fishery development
worker for every three (3) years of continuous, efficient and meritorious services
rendered.

SECTION 19. Clothing Allowance. - All agricultural employees shall be
entitled to a clothing allowance in accordance with the approved laws and
regulations or as mandated by law.

SECTION 20. Other Privileges and Benefits. - These refer to
the privileges and allowances granted by the National Government to

the Department of Agriculture officers and employees such as, but not
limited to,


anniversary bonus, loyalty, productivity pay and amelioration pay. These
allowances shall also be granted to the devolved agriculture/fishery development
workers and shall be paid by the National Government

SECTION 21. Retirement Benefit. - All agriculture/fishery workers shall be
entitied to terminal pay; Provided, however. That the number of years rendered
by the devolved personnel in the national level shall be paid by the Department
of Agriculture upon retirement including the accrued leave credits while the
services rendered to the Local Government Units shall be paid where they are
devolved/assigned regardless of any promotion availed; Provided, further, That
all govemment employees, both locally and nationally hired on June 1, 1977,
who are covered under Presidential Decree No. 1146 dated May 31, 1977, shall
not receive any lump sum retirement but with, instead, receive a monthly pension
of Two Thousand Seven Hundred Fifty Pesos (P2,750.00) only regardless of
the salary received. In view hereof, Presidential Decree No. 1148 dated May
31, 1977 shall not apply to all officers and employees of the Department
of Agriculture as well as to the devolved person and those appointed as
Agriculturist/Department Head under Republic Act No. 7160, _ including
agricultural practitioners in the government service; Provided, finally, That under
no circumstances shall Presidential Decree No.1 146 dated May 31, 1977 be
repealed by this Act.

SECTION 22. Housing. - All agriculture/fisherydevelopment workers who
are on tour of duty and those who because of unavoidable circumstances are
forced to stay in the regionalfield office/agency, community, etc. shall be
entitled to free living quarters within the regionalflield office/agency. _ If such
quarters are not available, he/she 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:

SECTION 23. Compensation from Injuries. - Agliculture/fishery
development wokers 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

SECTION 24. Right to Join Organizations. —- Agriculture/fishery
development workers shall have the right to freely join any organization or union
for purposes not contrary to law. In order to defend and protect their mutual
interest and to obtain redress of grievances through peaceful concerted activities;
Provided, That under no circumstance shall govemment agriculture and fishery
development workers join, declare, stage, or form any strike or cessation of
services.

SECTIQN 25. Freedom from Interference of coercion. - It shall be
unlawful for any person to commit any of the following acts of interference
or coercion:


(8) to require as condition for employment that the agiculture/fishery
development worker shall notjoin an agricultural organization or union;

(b) to discriminate in order to encourage or discourage membership in any
agriculture/fishery development workers’ organization or union;

(c) to prevent an agriculture/fishery development worker from carrying out
his duties and functions in the agricultural work organization or union or
to penalize histher for any lawful action performed in that capacity;

(d) to make calculated harassment and interference with the intention of
intimidating or preventing the agriculture/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.

SECTION 26. Consultation. - The Department of Agriculture shall consult

professional and agricultural work organizations or unions in formulating policies

to govern the welfare and security of the agriculture and fishery development
workers.

SECTION 27. Human Resource Development. - The Department of

Agriculture shall_conduct human resource development and management
studies in the following areas

(a) adequate facilities and resources to render quality agriculture and
fishery services to the clientele;

(b) opportunity for the agriculture/fishery development worker to grow and
develop his/her potentials and to experience a sense of worth and dignity
in his/her work:

(c) mechanism 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) staffing patterns and qualification standards for agriculture and fishery
development workers to ensure that farmers and fisherfolks receive quality

services,

SECTION 28. Rules and Regulations. - The Secretary of the Department

of Agriculture in consultation with the Department of Labor and Employment,

Civil


Service Commission, National Labor Relations Commission:
Department of Interior and Local Government. and the national organizations
of agriculture and fishery development worker shall formulate and prepare
the necessary rules and regulations in implementing the provisions of this
Magna Carta

SECTION 29. Penal Provisions. - Any person who shall willfully
interfere with, restrain or coerce any agriculture/fishery development worker
inthe exercise of his/her right or shall in any manner commit any act in violation
of any 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 the preceeding paragraph, may impose the
additional penalty of disqualification from office of suchoffending public official.

SECTION 30. 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 31. Separability Clause. - If any provision of this Act is
declared unconstitutional or invalid, the other provisions thereof not affected
thereby shall continue to be in full force and affect.

SECTION 32. Repealing Clause. - All laws, presidential decrees. orders,
tules and regulations or issuances inconsistent with the provisions of this Act
are hereby repealed, amended or modified acoordingly.

SECTION 33. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general
circulation.

Approved,