Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
EXPLANATORY NOTE
Subsistence fisherfolk and farmers are those who utilize nearly all their
catches and harvest to feed their families. They are usually left with little to
no surplus for sale and trade. With hardly enough to make ends meet,
subsistence fisherfolk and farmers find it difficult to come up with capital to
even increase their outputs and generate income.
Unfortunately, while these two classes of workers are some of the most
hardworking individuals, all of them continue to live far below the poverty
threshold. The State can help lighten their predicament by supporting them
in retirement through the establishment of a retirement benefit system in
the interest of promoting social justice.
Under Article XIII, Section 1 of the 1987 Constitution, the legislature has a
duty to give highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the common good.
It is for the foregoing premises that the approval of this Bill is
earnestly sought.
ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Party-List
September 23, 2022
2:17 pm
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
AN ACT
CREATING FOR THE RETIREMENT BENEFITS FOR SUBSISTENCE
FARMERS AND FISHERFOLK, AND APPROPRIATING THE FUNDS
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as the “Subsistence
Farmer and Fisherfolk Pension Act.”
SECTION 2. Definition of Terms. – As used in this Code, the following
terms and phrases shall mean as follows:
1) Farmer - a person whose occupation is to tilt, toil, graze, raise, plant,
water,
fertilize,
manage,
propagate,
burn,
recycle,
prepare
and
accustom the land, pond or any territory for purposes of growing
plants and animals, harvesting thereof, and earning from the said
aforementioned acts or in relation thereof, and such earnings thereof
is capable of pecuniary estimation. This encompasses fish farming
(pond farming), ranch, growing of livestock for human consumption,
hydroponic planting, among others, and excludes virtual and intangible
accumulation of assets, and those matters in relation to shares of stocks or
shares and other financial instruments whether or not trading to a
registered exchange.
2) Fisherfolk — a person who catches fish for a living or for sport.
3) Subsistence farmers — farmers that utilize nearly all of the crops or
livestock raised to maintain the farmer and the farmer’s family,
leaving little, if any, surplus for sale or trade.
4) Subsistence fisherfolk — fisherfolk that utilize all catches of fish, sea
products
and
related
goods
to
maintain
the
fisherfolk
and the
fisherfolk’s family, leaving little, if any, surplus for sale or trade.
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SECTION 3. Coverage and Conditions. – This Act shall apply only to
the
following
subsistence
farmers
and
fisherfolk
with
the
following
qualifications:
a) At least sixty (60) years old;
b) Duly registered with the Department of Agriculture as a subsistence
farmer or subsistence fisherfolk;
c) Farmers who own no farmlands;
d) Fisherfolk who own no more than one (1) banca;
e) Practices no other profession;
f)
Not gainfully employed with any employer;
g) Not an awardee if any agrarian reform lands;
h) Not a recipient of any government annuity, grant or endowment at the
time of claiming of the retirement, death or survivorship benefits;
i)
Must submit at least three (3) sworn statements or affidavits of
neighbors within the same barangay stating that the applicant for the
retirement, death, or survivorship benefits is in fact a bona fide
subsistence farmer or subsistence fisherfolk;
j)
Must have been registered as an actual farmer or fisherfolk for at least
fifteen (15) years, provided that owners or operators of farm lots who
are not actually involved in the land preparation, planting, tilling or
harvesting shall not be ineligible; and
k) Not a member of any ancestral tribe, terrorist group, or rebellious
organization,
and
should
not
have
any
pending
criminal
or
administrative cases at the time of claiming the benefits.
SECTION 4. Year-Round Application Period. – Subsistence farmers
and subsistence fisherfolk meeting the above-mentioned qualifications shall
file their applications with the Department of Agriculture and shall identify
and set up application desks in far-flung municipalities to increase access.
The DA shall also deploy personnel to fishing and farming communities to
ensure
the
dissemination of information and facilitate the application
process. Applications shall be received all year round.
SECTION 5. Retirement Benefits. –
The qualified subsistence farmer
or subsistence fisherfolk shall be entitled to a monthly pension of two
thousand pesos (Php 2,000.00) starting from the time of approval of the
application for retirement. This amount shall be adjusted every five (5) years
pursuant to the recommendation of the National Economic Development
Authority (NEDA) subject to approval by the President.
SECTION 6. Death Benefits. — A qualified subsistence farmer or
subsistence fisherfolk shall be entitled to five thousand pesos (Php 5,000.00)
death benefits to be received by the heirs. This amount shall be adjusted
every
five
(5)
years pursuant to the recommendation of the National
Economic Development Authority (NEDA) and must be approved by the
President. This death benefit can be availed of the registered subsistence
farmer or subsistence fisherfolk even before reaching the age of sixty (60)
years old.


SECTION 7. Gender Equality and Sensitivity. — This Act is not only
limited to male subsistence farmers or subsistence fisherfolk. The female
gender who qualifies must therefore register as such. Married couples may
both register in order to avail of the retirement, death, and survivorship
benefits.
SECTION 8. Survivorship Benefits. - The widow or widower who was
married to the qualified subsistence farmer or subsistence fisherfolk shall
be entitled to 50% of the monthly retirement benefits until the death thereof,
and the children if any shall be entitled to the remaining 50% to be divided
among themselves, if the age is eighteen (18) years and below, otherwise no
other surviving children shall be entitled to the said benefit.
SECTION 9. Additional Positions and Personnel for the DA. – For
purposes of this Act, the DA shall, in accordance with pertinent civil service
rules, create positions and enlist additional personnel to ensure the proper
and appropriate implementation of the program under this Act.
SECTION 10. Appropriations. – The amount necessary for the effective
implementation
of
this
Act
shall
be
charged
against
the
current
appropriations for the DA. Thereafter, such amounts as necessary for its
continued implementation shall be included in the General Appropriations
Act.
SECTION 11. Implementing Rules and Regulations (IRR). – The DA, in
coordination
with
relevant
government
agencies,
shall
issue
rules,
regulations, and guidelines necessary to carry out the implementation and
purposes of this Act within six (6) months from the date of effectivity.
SECTION 12. Separability Clause. – If any provision of this Act shall
be declared unconstitutional or invalid, such declaration shall not invalidate
other parts thereof which shall remain in full force and effect.
SECTION
13.
Repealing
Clause.
–
All
laws,
executive
orders,
presidential decrees or issuances, letters of instruction, administrative
orders, rules, and regulations contrary to or inconsistent with the provisions
of this Act are hereby repealed, amended, or modified accordingly.
SECTION 14. Effectivity Clause. – This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in a newspaper of general
circulation.
Approved,