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HOUSE OF REPRESENTATIVES. 16 2016
Quezon City, Metro Mahila» LAST

Seventeenth Congres} Ey: ==
First Regular Session PENT TION UAT
BILLS 80 WOE % SERVICE

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HOUSE BILL NO. &

Introduced by Honorable Henry S. Oaminal

EXPLANATORY NOTE

This bill seeks to protect the interest and enhance the productivity of the
farmer beneficiaries by providing them access to free, effective, appropriate and
efficient irrigation service.

Irrigation has historically been a major tool for increasing rice productivity in
the Philippines. Irrigation raises the productivity of land directly by providing water
supply to raise yield per hectare per crop and by allowing a second crop to be grown
during the dry season when yields are potentially higher. It also increases yields
indirectly by raising the profitability of modem rice varieties and fertilizer use.

Underscoring the importance of irrigation to food production in the country,
RA No. 3601 as amended, created the National Irrigation Administration (NIA) on
June 22, 1963. It is a government-owned and controlled corporation primarily
responsible for irrigation development and management. To maintain its corporate
existence and operations, NIA has the power and authority to collect irrigation
service fees (ISF) or other forms of charges for the use of irrigation systems.

Additionally, NIA pays the salaries and allowances of its officials and
employees from the irrigation fees paid by farmers. Secretary Emmanuel Pinol said
in his social media account that “This is the most ridiculous situation in Philippine
agriculture, where it is the farmers who are being made to pay the salaries and
allowances of a government entity which is tasked to provide them with water so
they could produce food for the country”


The rates of the NIA for the ISF are high. The imposition of the ISF is a huge
burden for the farmer beneficiaries. It eats up on what otherwise would already be a
small income for the farmers and their families. It leads farmers to further shy away
from farming and in engage in other endeavors other than farming which seriously
affects food production in the country.

Irrigation is a vital government obligation to support the growth of Philippine
economy, just like the network of roads being used for free. If we can build roads for
free to transport our goods and farm products, why can't we we built irrigation
facilities for free to produce these farm products? The country's rice farmers should
be supported by providing them free irrigation water and should be allowed to
manage their own irrigation systems for themselves without being obliged to pay for
the irrigation fees.

The proposed measure, therefore, seeks to address the plight of small farmers
beneficiaries from the high cost of agricultural inputs and low income from
production by providing them with free irrigation water service. It also seeks to
ensure the continued operation of the NIA by providing the office with the required
funds to be initially sourced from existing appropriations of NIA and any funds in the
National Treasury not otherwise appropriated.

In view of the foregoing, immediate approval of this bill is earnestly sought.

ATHY: L


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

Seventeenth Congress
First Regular Session

HOUSE BILL NO.. 2880

Introduced by Honorable Henry S. Oaminal

AN ACT
PROVIDING FREE IRRIGATION SERVICES TO FARMERS
BENEFICIARIES AND PROVIDING FUNDS THEREFOR

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

SECTION 1. Short Title. — This Act shall be known as the “Free
Irrigation Service Act.”

SEC. 2. Declaration of Policy. — The State recognizes the important role
and the invaluable contribution of the farmers in food production and in building our
agricultural industry. Thus, there is a need to protect the interest and to enhance the
sustained productivity of the farmers by providing them access to a free, effective,
appropriate and efficient irrigation service.

SEC. 3. Free Irrigation Service. — All farmer beneficiaries shall be free
from the payment of the irrigation service fees and the collection thereof, including
the collection of back accounts or arrears and the corresponding penalties therefor
from all irrigation systems built, operated and maintained by the National Irrigation

Authority (NIA), the Department of Agriculture (DA), or any government agencies,


or those turned over and maintained or operated by farmer's organizations, irrigators'
associations or Local Government Units (LGU).

SEC. 4, Existing National Irrigation Systems, — To ensure the necessary
construction, repair and maintenance of irrigation systems administered by the NIA,
the necessary amounts shall be included in the annual General Appropriations Act.

SEC. 5. Subsidy for the Management of Irrigation System. — The State
shall provide the necessary subsidies to LGUs, farmers and irrigators' associations or
cooperatives who assumed the construction, operations and maintenance of irrigation
systems to ensure the effective and grassroots-based management of the same, the
funding of which shall likewise be included in the annual General Appropriations
Act.

SEC.6. Appropriations. — The amount necessary for the initial
implementation of this Act shall be charged to the existing appropriations of the
National Irrigation Administration and any funds in the National Treasury not
otherwise appropriated. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations
Act.

SEC. 7. Implementing Rules and Regulations. — Within ninety (90) days
from the approval of this Act, the DA with assistance of NIA shall formulate the
necessary rules and regulations for the effective implementation of this Act.

SEC. 8. Separability Clause. — If any provision or part of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not affected

shall remain in full force and effect.


SEC. 9. Repealing Clause. — Section 2, Paragraph (c) of Republic Act No.
3601 entitled “ An Act Creating The National Irrigation Administration”; Section 1,
Paragraph (b) of Presidential Decree no. 552; Section 1, Paragraph (b) of Presidential
Decree No. 1702; and Section 35 of Republic Act No. 8435, otherwise known as the
“Agricultural and Fisheries Modernization Law”; all prescribing the power and
authority of the National Irrigation Administration to collect Irrigation Service Fees
(ISF) or other forms of charges for the use of irrigation systems, are hereby repealed.

All other laws, decrees, executive orders, proclamations, rules and regulations,
or parts thereof inconsistent with the provisions of this Act are hereby amended,
repealed or modified accordingly.

SEC. 10.  Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a national newspaper of general circulation.

Approved,