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Republic of the Philippines {inc 7m
HOUSE OF REPRESENTATIVES |) <3 wi.
Quezon City, Metro Manila \

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3371

Introduced by Representative Sharon S. Garin

EXPLANATORY NOTE

The Philippines is stil a primarily agricultural country, with around 39.8% of the entire
country’s labor force employed in any of the four (4) agricultural sub-sectors, namely farming,
fisheries, livestock and forestry, and the sector countributing around 20% of the Gross
Domestic Product (GDP).

With the great contribution of agriculture to our nation’s development, it is only proper
that the government give prime importance to projects and programs that support this sector.
‘And support it it has, as evidenced by the countless programs coursed through the Deparment
of Agriculture and other related agencies. Some of these support go directly to the farmers, in
the form of social and financial aid, and others are for the development of the industry, to
create a more efficient and profitable agriculture sector.

But whatever assistance the government provides, it shall be for naught if these services
are not properly delivered to the intended beneficiaries. At the forefront of these services are the
local city/municipal/provincial agricultural development workers that provide a bridge between
farmers and the government. Recent trends however, show that most of these local positions are
left vacant by LGUs in an effort to save money which result in a less efficient delivery of agricultural
support.

This bill seeks to strengthen the rights of agricultural development workers, giving them
additional benefits in terms of compensation, proper working hours, and other various incentives
and rewards. These positions include the following: Agricultural Technicians, Agriculturists,
Aquaculturists, Nutritionists, Agricultural Engineers, Agricultural Technologists, Fisheries
Officers in the city, municipal and provincial levels.

A better and more efficient delivery of government assistance would lead to a more
vibrant agricultural sector.

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

RON S. GARIN
IBIS-Owa Partylist


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House BILL No.__3371

Introduced by Representative Sharon S. Garin

AN ACT
PROVIDING FOR A MAGNA CARTA OF AGRICULTURAL DEVELOPMENT
WORKERS

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

ARTICLE |
TITLE OF THE ACT AND DEFINITION OF TERMS

SECTION 1. Title. — This Act shall be known as the "Magna Carta of
Agricultural Development Workers.”

SEC. 2. Declaration of Policy. — \t is hereby declared a policy of the State to
accelerate the development and modemization 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.

SEC. 3. Definition of Terms.

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


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b)

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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.

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.
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


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9) 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 and 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.

|) DA-—refers to the Department of Agriculture.

m) LGU — refers to the Local Government Unit.

ARTICLE Il
AGRICULTURAL SERVICE CAREER DEVELOPMENT

SEC 4. Magna Carta for Agricultural Development Workers

Committee. - The Magna Carta for Agricultural Development Workers Committee,
hereafter referred to as the Committee, shall be constituted under the Office of the

President and composed of the following:

a) Secretary of the Department of Agriculture (DA);

b) Secretary of the Department of the Interior and Local Government (DILG);
c) Secretary of the Department of Labor and Employment (DOLE);

d) Commissioner of the Civil Service Commission (CSC);

e) Representative of the National Labor Relations Commission (NLRC);

f) Secretary of the Deparment of Budget and Management (DBM);


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g) Representative from recognized national association of Agricultural

Development

Workers.

SEC. 5. 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
Committee, particularly 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, responsibilities, position titles
and qualifications of the agricultural development workers employed at the
Department of Agriculture, Local Government Units and concerned government
agencies, and match them with appropriate position titles and compensation:
Provided, that the following benchmark position titles of agricultural development

workers with corresponding salary grades shall be used

Position Salary Grade
Agricultural Technician | 1
Agriculturist 12
Aquaculturist | 12
Nutritionist | 12
Veterinarian | 13
Agricultural Engineer | 13
Agricultural Technologist 15

City Agricultural Engineer 24


1 City Veterinarian 24

2 City Agriculturist 24
3 City Fishery Officer 24
4 Municipal Agriculturist 24
5 Municipal Veterinarian 24
6 Municipal Agricultural Engineer 24
7 Municipal Fisheries Officer 24
8 Provincial Agricultural Engineer 26
® Provincial Agriculturist 26

10 Provincial Veterinarian 26

nu Provincial Fisheries Officer 26

12 SEC. 6. Mandatory Positions of Agricultural Development Workers in the

13 Local Government Units. - The creation of the following positions is hereby made

14 mandatory in addition to the prescribed position under the Local Government Code of
15 1991

16 a) Provincial Agricultural Engineer;

7 b) Provincial Fisheries and Aquacultural Officer;
18 ©) City Agriculturist;

19 d) City Agricultural Engineer;

20 e) City Veterinarian;

2 f) City Fisheries and Aquacultural Officer;

22 g) Municipal Agriculturist;

23 h) Municipal Agricultural Engineer;

24 i) Municipal Veterinarian;

25 j) Municipal Fisheries and Aquacultural Officer.


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Provided, that in the case of fourth (4") 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.

SEC. 7. 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 experiences.

SEC. 8. Performance Evaluation and Merit Promotion. - The Committee,
particularly 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.

SEC. 9. Transfer of 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 concerned 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


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transfer or reassignment whatsoever shall be made three (3) months prior to any local
or national elections: 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.

SEC. 10. 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 back wages with twenty per centum (20%) interest to be computed from the time
compensation is withheld up to the reinstatement.

However, if the agricultural worker does not desire to be reinstated, he/she shall
be entitled to back wages and separation pay with twenty per centum interest.

SEC. 11. Discrimination Prohibited — An agricultural worker shall not be
discriminated by reason of creed, sex, political belief civil status, and ethnic grouping
in the exercise of his/her profession.

SEC. 12. 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
over-extending 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


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additional agricultural development workers in cases of over-loading of personnel in
specific areas of assignment.
SEC. 13. Safeguards in Administrative Proceedings. — In every
administrative proceeding, an Agricultural Worker shall have:
a) the right to be informed of the charges:
b) the right to full access to evidence against him/her;
c) the right to defend himself/herself through counsel of his/her choice;
d) the right to be given adequate time to prepare his/her case, which shall in no
case exceed twenty (20) days;

e)

the right to appeal to designated authorities;
f) the right to cross-examine witnesses and to processes for the production of

witnesses;

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

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such other rights provided by other national agencies and local government
units to their respective officers and employees to ensure fairness and
impartially in prosecution.
SEC. 14. Code of Conduct. — All agricultural workers 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
Secretary of Agriculture in consultation with the recognized national associations of
agricultural development workers.

SEC. 15. Normal Hours of Work. - The normal hours of work of an agricultural
development worker shall not exceed eight (8) hours a day or forty (40) hours a week.

Hours of work shall include:


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the time the agricultural workers is required to be on active duty or to be at a
prescribed workplace;

b)

the time which an agricultural worker is permitted to work; and

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

SEC. 16. 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.

SEC. 17. Training and Scholarship Program. - The Committee, particularly
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
by the Government.

SEC. 18. Married Agricultural Workers. — 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 Ill
INCENTIVES AND REWARDS SYSTEM

SEC. 19. 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:


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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;

c) Performance Bonus - form of remuneration given to agricultural development
workers for performance that exceeds established targets; and

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Other incentives that the Department of Agricultural and Local Government
may establish.

SEC. 20. 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 LGUs.

b)

Hazard Allowance — All agricultural development workers assigned in difficult
areas, strife-torn or embattled areas, distressed or isolated stations,
animal/plant/fisheries breeding station, plant nurseries, plantations and
demonstration farms, laboratories especially those handling X-rays,
radioisotopes, chemicals, etc., sea-borne patrols, construction and installation
of agricultural infrastructure projects, and other areas declared under a state of

calamity or emergency which exposes them to great danger, occupational risks


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or perils of life shall be compensated with hazard allowance equivalent to at
least twenty per centum (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.

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 rendered.

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

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 quarters 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

Compensation for injuries — 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.


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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

SEC. 21. Right to Join Organizations. — Agricultural Development Workers
shall have the right to freely join organizations or unions for purposes not contrary to
law, in order to protect their mutual interest and to seek redress of grievances through
peaceful concerted
activities.

SEC. 22. Freedom from Interference or Coercion. — It shall be unlawful for
any person to commit any of the following acts of interference or coercion

a) to require as a condition of employment that the agricultural development
worker shall not join an organization or union;

b) to discriminate in order to encourage or discourage membership in any
agricultural development workers organization or union;

c) to prevent an agricultural development worker from carrying out his duties and
functions in his/her organization or union or to penalize him/her for any lawful

action performed in that capacity;


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d) to harass or intimidate an agricultural development worker or prevent him/her
from performing duties and functions; and

e) to perform acts that will diminish the independence and freedom of the union or
organization to direct its own affairs.

SEC. 23. Consultation. - The Committee shall consult professional and
Agricultural Workers Organizations or unions in formulating policies to govern the
welfare and security of the Agricultural Development Workers.

SEC. 24. Human Resource Development. — The Committee, including
Government and non-government agencies shall conduct human resource
development and management studies in the following areas:

a) Types and amount of facilities and resources to render quality agricultural
Service to the clientele;

b) Venue and opportunities for the agricultural development workers to grow and
develop their potentials and develop a sense of self-worth and dignity in their
work;

c) Mechanisms for democratic consultation;

d) Ways and means of giving rank-and-file agricultural development workers
viable opportunities for education, personal growth and development; and

e) Staffing patterns and standards of welfare for Agricultural Development
Workers welfare to ensure that they receive quality care.

SEC. 24. Rules and Regulations. - The Committee shall formulate and
prepare necessary rules and regulations in implementing the provisions of this Magna
Carta.

SEC. 25. Monitoring of Implementation. —- The Committee shall monitor the

implementation of the provisions of this Act. Provided that, the Committee shall submit


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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.

SEC. 26. 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 (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 additional to the penalties provided
in the preceding paragraph, shall impose the additional penalty of disqualification from
office of such offending public official

SEC. 27. 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.

SEC. 28. Separability Clause. — If 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

SEC. 29. 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.