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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

23

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2280

Introduced by REPRESENTATIVE MARIA LOURDES ACOSTA-ALBA

EXPLANATORY NOTE

The Philippines is an agricultural country with a total land area of 30
million hectares. Of this figure, 13 million hectares representing 43% of the
country's total land area is devoted to agricultural crops, livestock, and inland
fishery production. About 50% of the Philippine population is dependent on
fishery, farming, and agriculture-related industries as a source of livelihood.
Indeed, agriculture remains the linchpin for economic growth.

Agriculturists, agricultural engineers, fishery technologists. veterinarians,
and agricultural technicians comprising the class of "agricultural workers" that
are produced by agricultural based educational institutions and whose technical
and professional expertise are certified by the Professional Regulation
Commission and the Technical Education and Skills Development Authority
plays a vital role in the development and modernization of the Philippine
agriculture. They provide the necessary assistance and professional services to
the farmers and fisher folks in managing the farms for increased farm
profitability and productivity.

This Bill acknowledges the role and contributions of government
agricultural workers by affirming their rights and providing a mechanism for
career development. Needless to say, personal fulfilment allows for a better sense
of responsibility.

In view of the foregoing, the approval of this Bill earnestly sought.

First District, Bukidnon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
HOUSE BILL No. ©2789

Introduced by REP. MARIA LOURDES ACOSTA-ALBA

AN ACT

PROVIDING FOR A MAGNA CARTA OF AGRICULTURAL

DEVELOPMENT WORKERS

Be it enacted by the Senate and the House Representatives of the Republic of the

Philippines in Congress assembled:

ARTICLE I

TITLE OF THE ACT, DEFINITION OF TERMS, AND COVERAGE

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

SEC. 2. Declaration of Policy — The State shall promote and
improve the social and economic well-being of Agricultural Development
Workers, their living and working conditions and terms of employment. It
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, the modernization of the
Philippine Agriculture and help achieve Food Security and Self-Sufficiency.

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 Government Units (LGUs),
State Colleges and Universities and concerned government and
private institutions, and shall include agriculturists, agricultural
engineers, fishery technologists, veterinarians, agricultural
technicians, agricultural employees, administrative and support
personnel employed regardless of their employment status;


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Agriculturist shall refer to a person who is a graduate of a four
year course in agriculture or any related course registered and
license with the Professional Regulation Commission who
performs any of the specialized activities such as agronomy,
horticulture, animal husbandry, entomology, plant pathology,
plant breeding, agricultural economics, agricultural extension
and marketing;

Agricultural Engineer shall to a person registered with the
Professional Regulation Commission performing engineering
activities in agriculture and fisheries, particularly on areas of
farm power and machinery, irrigation and drainage, soil and
water conservation, agricultural buildings and structures,
agricultural processing and postharvest Facilities;

Fishery Technologists shall refer to a person who is a graduate
of a four-year course in fisheries and registered and licensed with
the Professional Regulation Commission performing activities on
fisheries and aquaculture, and fishery production and
processing;

Veterinarian shall refer to a person registered with the
Professional Regulation Commission performing professional
activities on veterinary services such as disease prevention,
control and animal health;

Agricultural Technician shall refer to a trained or skilled
agricultural worker who is not necessary a college graduate and
certified by the Technical Education and Skills Development
Authority performing job such as plant nursery propagator, farm
mechanic and agricultural machinery operator and other related
skilled job in agricultural production, processing and marketing;
Agricultural Extension Worker shall refer to an agriculturist,
agricultural engineer, fishery technologist and veterinarian who
helps farmers and fishermen in the promotion of agricultural and
fisheries development plans, programs and projects through the
use of extension the theologies, concepts and principles;
Agricultural Employee is a person who is a graduate of
Agriculture, Agricultural Engineering, Fisheries, Veterinary
Medicine or any other agriculture-related course from any
recognized college or university and is holder of an appropriate
civil service but not a licensed professional under the
Professional Regulation Commission who is employed in the
government, non-government organization or private institution
who performs activities on agriculture development-

CSC shall refer the Civil Service Commission;

DOLE shall refer to the Department of Labor and Employment;
DA shall refer to the Department of Agriculture;


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1) _ LGU shall refer to the Local Government Unit;

m) PRC shall refer to the Professional Regulation Commission;

n) PRBs shall refer to the Professional Regulatory Boards of
Agriculture, Agricultural Engineering, Fisheries and Veterinary
Medicine under the
Professional Regulation Commission; and

0)  SUCs shall refer to State Universities and Colleges.

SEC. 4. Coverage. - This act shall cover all Agricultural Development
Workers of the government, non-government organizations, and private
institutions and shall include agriculturists, agricultural engineers, fishery
technologists, veterinarians, agricultural technicians, agricultural
employees, farm workers, administrative and support personnel employed
regardless of their employment status.

ARTICLE II
EMPLOYMENT AND CAREER DEVELOPMENT

SEC. 5. Employment Assistance. - The State hereby ensure and
guarantee the provision of employment opportunities of agricultural
development workers which are being produced in educational institutions
and are registered and licensed by PRC and certified by TESDA. In line with
this, the DOLE in collaboration with educational institutions, PRC, TESDA,
DA and DTI shall undertake employment promotion of agricultural
development workers in the domestic and foreign market and adopt and
implement a National Employment Program for Agricultural Development
Workers.

SEC. 6. Personnel Required. - All offices, firms and establishments
either government or private, and farmers organizations and cooperatives
engaged in the production, processing, handling and marketing of
agriculture and fisheries products and likewise implementing projects
related to irrigation, farm mechanization, postharvest facilities and
agricultural infrastructures shall employ the required number and/or
engage the services of agriculturists, agricultural engineers, fishery
technologists and veterinarians to perform professional services based on
the standards and guidelines to be promulgated by the PRBs concerned;

Provided, Thai there shall be no understaffing and/or overloading of
agricultural development 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 shall occupy the
agriculturist, agricultural engineer, fishery technologist and veterinarian in


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all government instrumentalities, non-government organization and private
firms and establishments;

Provided Further, That the government shall allocate the necessary
funds for the hiring of additional agricultural development worker in cases
of over-loading of personnel in specific areas of assignment of concerned
government offices.

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, professional license and required
education, training and experiences.

All agricultural and fishery agencies and institutions in government
shall be headed either by a registered Agriculturist, Agricultural Engineer,
Fishery Technologist or Veterinarian depending on the scope and magnitude
of the functions of the particular agency or institution covering the scope of
practice of concerned profession except for Cabinet and non-career
positions.

SEC. 8. Professionalization of Agricultural Development Workers
in Government. - The State shall promote and ensure that agricultural
development workers in the government are accorded with appropriate
position titles, just compensation and benefits and proper professional
recognition.

The Agricultural Technologist positions occupied by the Agricultural
Development Workers at the Local Government Units are hereby upgraded
or reclassified into appropriate level of Agriculturist, Agricultural Engineer,
Fishery Technologist, and Veterinarian positions. The following positions
are hereby made mandatory at the Local Government Units in addition to
the prescribed position under- the Local Government Code of 1991: a)
Municipal Agriculturist except for highly urbanized cities; b) Provincial, City
and Municipal Agricultural Engineer; c) Provincial Fishery Technologist;
and d) Municipal Veterinarian.

SEC. 9. Performance Evaluation and Merit Promotion. — The
Secretary of Agriculture in consultation with the PRBs, CSC, DOLE and the
recognized national associations of agriculturist, agricultural engineers,
fishery technologists, veterinarians and other agricultural development
workers shall prepare a uniform career and personnel development plan. Such
career and personnel development plan shall include provisions on merit
promotion, performance evaluation, in-service training grants, job rotation and
incentives awards system.


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SEC. 10. 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
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. 11. Security of Tenure. - An agricultural development workers
holding a permanent position in the government 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 development worker does not desire to be reinstated, he/she shall
be entitled to back wages and separation pay with twenty per centum interest.

SEC. 12. Code of Conduct -All agriculturists, agricultural engineers,
fishery technologists and veterinarians must be guided by the Code of Ethics
promulgated by the Professional Regulatory Boards and the Professional
Regulation Commission. The Secretary of Agriculture in consultation with the
Civil Service Commission, Department of Labor and Employment and the
concerned stakeholders shall adopt a Code of Ethics of other Agricultural
Development Workers not covered by the PRC.

SEC. 13. 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: a) 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; c) the time which
an agricultural worker is required to work in a place other than the prescribed
workplace.

SEC. 15. 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


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(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. Married Agricultural Development 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 Ill
RIGHTS, BENEFITS AND REWARDS SYSTEM

SEC. 18. Freedom from interference or coercion. - It shall be
unlawful for any person to commit any of the following acts of interference or
coercion:

a) Require as a condition of employment that the agricultural

development worker shall not join.an organization or union;

b) Discriminate in order to encourage or discourage membership in any

agricultural development workers organization or union;

©) Prevent an agricultural development worker from carrying out his

/her duties and functions in his/her organization or union or to
penalize him/her for any lawful action performed in that capacity;

4) Harass or intimidate an agricultural development worker or prevent

him/her from performing duties and functions; and

©) Perform acts that will diminish the independence and freedom of the

union or organization to direct its own affairs.

SEC. 19. Discrimination Prohibited. - An agricultural development
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.20. Safeguards in Administrative Proceedings. - In every
administrative proceeding, an Agricultural Worker shall have the following
rights:

a) Be informed of the charges;

b) Full access to evidence against him/her:

c) Defend himself/herself through counsel of his/her choice:

d) Be given adequate time to prepare his/her case, which shall in no

case exceed twenty (20) days;

e) Appeal any adverse ruling to designated authorities;

f) Cross-examine witnesses and to processes for the production of

witnesses;

g) Reimbursement for 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 their respective officers and employees to ensure
fairness and impartially in prosecution.

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 various national
organizations of agricultural development workers shall be consulted in the
formulation of national educational policies and professional standards, and
in the formulation of national policies and programs on agriculture of the
government; Provided, That the government shall ensure that the agricultural
development workers organizations are represented in the national and local
Agricultural and Fishery Councils, local development councils, and other
policy making and consultative bodies of the government.

SEC. 22. 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 10 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

d) Other incentives that the Department Of Agricultural and -Local
Government may establish

SEC. 24. 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;


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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 or perils of
life shall be compensated with hazard allowance equivalent to at
least twenty per centum (20%) of the monthly basic salary;

c) 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;

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 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;

g) 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;

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-Cali" 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 I
his/her time for personal needs: Provided. That no agricultural
worker shall be placed in an "On-Call" status beyond seven (7) days;
and

d)

e)


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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
HUMAN RESOURCE DEVELOPMENT

SEC. 25. Training Program. - The DA together with the DOLE, PRC,
CHED and DILG shall formulate and implement a comprehensive training
programs for the agricultural development workers as part of the Continuing
Professional Development Program and Human Resource Development
Program of the LGUs; Provided, That adequate budgetary support shall be
provided by the government;

SEC. 26. Scholarship Program. — The Agricultural Development
Workers and students on agriculture, agricultural engineering, fishery, and
veterinary medicine shall have fill access and priority allocation on the
scholarship program of the government.

SEC. 27. Capability Assessment. - The 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;

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;

©) 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.

b)

ARTICLE V
ADMINISTRATION AND ENFORCEMENT

SEC. 28. Rules and Regulations. - The Secretary of the Department of
Agriculture together with the DOLE, CSC,DILG and PRBs and in consultation
with the national organizations of agricultural development workers shall
formulate and prepare necessary rules and regulations in implementing the
provisions of this Magna Carta.


SEC. 29. Monitoring of Implementation. - The Secretary of
Agriculture shall create a Monitoring Committee which shall monitor the
implementation of the provisions of this Act. The committee shall be composed
of representatives of the DA, DILG, CSC, PRBs 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.

SEC. 30. 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 (I) 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. 31. 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. 32. Separability Clause. If any provision of this Act is declared
unconstitutional or invalid the other provisions thereof affécted thereby shall
continue to be in full force and effect.

SEC. 33. 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.

SEC. 34. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in two (2) newspapers of general circulation

Approved,

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