Republic of the Philippines IVED
HOUSE OF THE REPRESENTATIVES. UL 0
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1555.

HOUSE BILL No.

Introduced by REPRESENTATIVES ALFREDO A. GARBIN, Jr. and
ELIZALDY S. CO

EXPLANATORY NOTE

This bill seeks the passage of the Magna Carta for Agriculture and Fishery
Development workers which will serve to improve their economic and social well-being

The agriculture industry remains one of the main contributors to the country’s GDP,
with an average contribution of about 16% each year. However, recent statistics showed
that there is a decline from about 35% GDP contribution in 1986 to only about 11% in
2014. The development and improvement of the agriculture industry in the Philippines
should be a primary focus of the State.

While agriculture remains a crucial sector in the Philippines for reducing poverty,
workers in the agriculture and fisheries sector continue to be among the lowest paid in
country. Consequently, only around 300,000 or less than one percent of the estimated 38
million total labor force in the country work in the agriculture and fisheries sector,
according to the 2015 Labor Force Survey Estimate of the PSA.

In the interest of promoting sustainable development of the Philippines through an
improved agriculture and fisheries industry, workers in these sectors must be given the
corresponding assistance by the State. Once enacted into law, this bill will provide
agriculture and fisheries development workers with the adequate benefits and services to
improve their economic and social standing

Accordingly, the swift passage of this bill is earnestly sought.

\Y S. CO



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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES.
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1555
HOUSE BILL No.

Introduced by REPRESENTATIVES ALFREDO A. GARBIN, Jr. and
ELIZALDY S.CO

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 the Philippines in

Congress assembled:

SECTION 1. Title. - This Act shall be known as the "Magna Carta of Agriculture and

Fishery Development Workers"

Section 2. Declaration of Policy. - \t is hereby declared the policy of the State to
accelerate the development and modernization of Philippine agriculture and improve the
economic and social well-being of agriculture and fishery development workers as well as,
their working condition 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.

Section 3. Definition of Terms. - As used in this Act, the following terms shall be
construed to mean as follows:

(a) Agricultural engineer shall refer to a person registered with the Professional
Regulation Commission (PRC) 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

(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 8hall refer to all persons who
are engaged in agriculture and fishery development activities and all persons employed in
the Department of Agriculture (DA) including its bureaus and attached agencies, local
government units (LGUs) and conceried government institutions, and shall include
aquaculturists, veterinarians, agricultural engineers, agricultural extension workers,
agricultural technicians and operators, and allied agricultural professionals 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
coursesin 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.

()  Aquaculturist shall refer to a person who is a gradyate of a four (4)-year
course, either in fisheries and aquaculture, or fishery product ion and processing.


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(9) Nutritionist shall refer to a person registered with the PRC performing
activities related to dietary and proper nutrition

(h) Veterinarian shall refer to a person registered with the PRC performing
professional activities in line with the practice of veterinary medicine such as animal
health, disease prevention and control

SECTION 4. Coverage. - This Act shall cover all eligible agriculture and fishery
development workers, agricultural practitioners in government and all those
promoted/appointed as provincial/municipal/city agriculturist and as department heads of
the LGUs under Republic Act No. 7160, otherwise known as the Local Government Code
of 1991: Provided. That the Civil Service Commission (CSC), as the case may be,
develops and administers specialized examination for purposes of providing appropriate
eligibilties to positions.

Section 5. Recruitment and Qualifications. - The position of municipal or city
agriculturist shall be mandatory in LGUs which are predominantly adaptable or engaged
in agriculture as determined by the LGU concerned. In areas more adaptable to
commercialindustrial purposes, the creation of said positions shall be subject to the
approval of the sanggunian concemed. The selection and appointment of agricultural
officerslemployees 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. Transfer or Geographical Reassignment of Agriculture and Fishery
Development 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 and fishery development workers concerned stating therein the reasons 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 agriculture and fishery development
worker concerned believes that there is no justification for the transfer and/or
reassignment, one may appeal one's case to the CSC, which shall cause one's
reassignment to be automatically held in abeyance until it rules on the matter: Provided,
furthermore, That transfer or reassignment coinciding with any local or national election
shall be made in compliance with the Election Code and other existing laws and rules:
Provided, finally, That the necessary expenses for the relocation and/or reassignment of
the agriculture and fishery development worker or employee and one’s immediate family
shall be paid for by the government.

Section 7. Safeguards in Administrative Proceedings. - In every administrative
proceeding, an agriculture and 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 designated authorities;

() The right to confront witnesses presented against himvher 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 LGUs to its
respective officers and employees so as to ensure fairness and impartiality in the
proceedings.

Section 8. Code of Conduct. - All agriculture and fishery development workers
must be guided by a code of ethics not contrary to law, moral standards, safety, health,
public policy and public order. The code of conduct of agriculture and fishery development
workers shall be prepared by the Secretary of Agriculture, in consultation with the league
of cities/municipalities and the CSC, and shall be issued ninety (90) days after the
effectivity of this Act


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Section. 9. Normal Hours of Work. - The normal hours of work of any agriculture
‘and 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 and fishery development worker is
required to be on active duty or to be at a prescribed workplace; and

(b) The time during which an agriculture and fishery development worker is
required to work in a place other than the prescribed workplace.

Section 10. Overtime Work. - Where the exigencies of the service so require, any
agriculture and fishery development worker may be required to render service beyond the
normal eight (8) hours a day, inclusive of Saturdays, Sundays and non-working holidays.
In such case, the agriculture and fishery development worker shall be given an additional
compensation in accordance with existing laws.

Section 11. Married Agriculture and 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 city/municipality.

Section 12. Basic Compensation. - The provisions of Joint Resolution No. 4, series
of 2009, entitled, “Joint Resolution Authorizing the President of the Philippines to Modify
the Compensation and Position Classification ‘System of Civilian Personnel and the Base
Pay Schedule of Military and Uniformed Personnel in the Government, and for Other
Purposes", shall apply in determining the salaries of agriculture and fishery development
workers.

Section 13. Other Benefits. - All agriculture and fishery development workers shall
be entitled to merit and other personnel and career development programs, hazard pay,
clothing allowance and other privileges and benefits subject to the pertinent provisions of
Joint Resolution No.4, series of 2009.

Section 14. Retirement Benefits. - All agriculture and fishery development workers
shall be entitled to terminal pay: Provided, however, That the number of years rendered
by the devolved personnel in the national level shall be paid by the DA upon retirement
including the corresponding accrued leave credits, while the services rendered to the
LGUs shall be paid by the LGU concerned.

‘Section 15. Housing. - All agriculture and fishery development 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 regional/field office/agency. If ‘such quarters are not available, they 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 16. Compensation from Injuries. - Agriculture and fishery development
workers 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’ 17. Right to Join Organizations. - Agriculture and 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 government agriculture and fishery development workers join, declare, stage, form
any strike or cessation of services.

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

(a) To require as condition for employment that the agriculture and fishery
development worker shall not join an agricultural organization or union;

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

__ (©) To prevent an agriculture and fishery development worker from carrying out
‘one’s duties and functions in the agricultural work organization or union or to penalize
him/her for any lawful action performed in that capacity;

(d) To harass and interfere with the intention of intimidating or preventing the
agriculture and fishery development worker from performing hisMer duties and functions;
and



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(e) To perform acts calculated to diminish the independence and freedom of the
union or organization to direct its own affairs

Section 19. Consultation, - The DA shall consult professional and agricultural work
organizations or unions in formulating policies to govern the welfare and security of
agriculture and fishery development workers.

Section 20. Human Resource Development. - The DA shall conduct human
resource development and management studies and make recommendations for
appropriate action by the concerned LGU in collaboration with the Department in the
following areas:

(a) Development and maintenance of adequate facilities and resources to enable
agriculture and fishery development workers to render effective services to clientele;

(b) Creation of opportunities for agriculture and fishery development workers to
grow and develop their potentials and to experience a sense of worth and dignity in their
work;

(c) Development and continuing improvement of mechanisms 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) Constant review and implementation of staffing patterns and qualification
standards for agriculture and fishery development workers to ensure that farmers and
fisherfolks receive quality services.

Section 21, Rules and Regulations. - Pursuant to Joint Resolution No. 4, the
Department of Budget and Management (DBM) is authorized to issue the necessary
guidelines, rules and regulations on the grant of Magna Carta benefits authorized for
agriculture and fishery development workers to determine those that may be categorized
in the total compensation framework.

Section 22. Penal Provisions. - Any person who shall willfully interfere with, restrain
or coerce any agriculture and fishery development worker in the exercise of one’s right or
shall in any manner commit any act in violation of 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 addition to the penalties provided in this paragraph, may impose the
additional penalty of disqualification from office.

Section 23. 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 24. 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 effect

Section 26. Repealing Clause. - All aws, decrees, orders, rules and regulations or
issuances inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

Section 26. Effectivity. - This Act shall take effedt fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation,

Approved.