Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1808

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
TO PROMOTE AGRI-TOURISM IN THE PHILIPPINES AND FOR
OTHER PURPOSES

EXPLANATORY NOTE

Agri-tourism refers to a working farm, ranch, winery, or any agricultural
operation being opened for public visitation for their enjoyment, outdoor
recreation activities, education, shopping, dining or even lodging. The country's
topography is very ideal for agri-tourism and this is precisely what the proposed
Bill is seeking to develop.

Agri-tourism has been adopted by a number of States in America which
has proven to provide additional opportunities for farmers, farm owners, and
producers, to generate additional income. It has also helped increase
employment opportunities in the community as well as the revenue of their local
government. Further, agri-tourism provides a venue for affordable and easily
accessible family outings.

In addition, the proposed Bill gives tax credits to registered agri-tourism
activities to help offset the expenses of venturing into agri-tourism. Also, it seeks
to provide technical assistance to farmers who wish to enter the agri-tourism
business.

In view of the foregoing benefits, the immediate approval of this measure
is eamestly sought.

Ay, A .
Qu mn.
DIOSDADO MACAPAGAL ARROYO GLORIA MACAPAGAY ARROYO

Second District, Camarines Sur econd District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1808

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
TO PROMOTE AGRI-TOURISM IN THE PHILIPPINES AND FOR
OTHER PURPOSES

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 “Agri-Tourism
Promotion Act of 2010."

SECTION 2. Definition of Terms. — As used in this Act, the following terms
shall be construed to mean as follows:

(a) “Agri-tourism activity’ means any activity carried out
‘on a farm or ranch or in a forest that allows members of the general
public, for recreational, entertainment, or educational purposes, to
view or enjoy rural activities, including farming, ranching, historical,
cultural, harvest-your-own, or nature-based activities and
attractions. An activity is an agri-tourism activity whether or not the
participant paid to participate in the activity.

(b) — “Agri-tourism professional’ means any person who is
engaged in the business of providing one or more agri-tourism
activities, whether or not for compensation.


(c) “Farm” means the land, buildings, support facilities,
machinery, and other appurtenances used in the production of farm
or aquaculture products, including land used to display plants,
animals, farm products, or farm equipment to the public.

(d) “Inherent risks of agri-tourism activity” means those
dangers or conditions that are an integral part of an agri-tourism
activity including certain hazards, including surface and subsurface
conditions, natural conditions of land, vegetation, and waters, the
behavior of wild or domestic animals, and ordinary dangers of
structures or equipment ordinarily used in farming and ranching
operations. Inherent risks of agri-tourism activity also include the
potential of a participant to act in a negligent manner that may
contribute to injury to the participant or others, including failing to
follow instructions given by the agri-tourism professional or failing to
exercise reasonable caution while engaging in the agri-tourism
activity.

(e) _ “Participant” means any person, other than the agri-
tourism professional, who engages in an agri-tourism activity

(f) “Person” means any individual, fiduciary, firm,
association, juridical person, unit of government, or any other group
acting as a unit.

SECTION 3. Provision of Assistance. - The Department of Agriculture and
the Department of Trade and Industry may provide marketing advice, technical
expertise, promotional support, and product development related to agri-tourism
to assist the Department of Tourism, convention and visitor bureaus, tourist
development councils, economic development organizations and local
governments. in their agri-tourism initiatives. In carrying out this responsibility,
both departments shall focus its agri-tourism efforts on rural and urban
communities.

SECTION 4. Impact of agri-tourism in land classification. - (1) In order to
promote and perpetuate agriculture throughout the State, farm operators are
encouraged to engage in agri-tourism. The conduct of agri-tourism activity on a
bona fide farm or on agricultural lands classified as such shall not limit, restrict, or
divest the land of that classification

(2) Local governments and agricultural representatives shall meet for the
purpose of discussing the benefits of agri-tourism to local economies and
opportunities for cooperation, conflict resolution, regulatory streamlining, and
incentives.

B


SECTION 5. Registration of Agritourism Operations. -A voluntary
registration process of agri-tourism operations in the Philippines is hereby
established to be kept by the Department of Agriculture.

The registration must include a description of the agri-tourism
activity/activities conducted and the location of the agri-tourism operation.

There is NO fee for registration and the list will be made available to the
public by the Department of Agriculture

All registered operations will be promoted by the Department of
Agriculture and the Department of Tourism in conjunction with all other tourism
and rural development promotions.

Registration is valid for five (6) years.
SECTION 6. Liability of Agri-tourism Professional. —

(1) Except as provided in subsection (2) of this section, an agri-tourism
professional is not liable for injury to or death of a participant resulting from the
inherent risks of agri-tourism activities, so long as the warning contained in
Section 7 is posted as required. Moreover, except as provided in subsection (2)
of this section, no participant or participant's representative can maintain an
action against or recover from an agfi-tourism professional for injury, loss,
damage, or death of the participant resulting exclusively from any of the inherent
tisks of agri-tourism activities,

(2) Nothing in subsection (1) of this section prevents or limits the liability of
an agri-tourism professional if the agri-tourism professional does any one or
more of the following:

(a) Commits an act or omission that constitutes
negligence or willful or wanton disregard for the safety of the
participant, and that act or omission proximately causes injury,
damage, or death to the participant.

(b) Has actual knowledge or reasonably should have
known of a dangerous condition on the land, facilities, or equipment
used in the activity or the dangerous propensity of a particular
animal used in such activity and does not make the danger known
to the participant, and the danger proximately causes injury,
damage, or death to the participant.

(3) Any limitation on legal liability afforded by this section to an agri-
tourism professional is in addition to any other limitations of legal liability
otherwise provided by law.


SECTION 7. Waming Signage at Agri-tourism Locations. -

(1) Every agri-tourism professional must post and maintain signs that
contain the warning notice specified in subsection (2) of this section. The sign
must be placed in a clearly visible location at the entrance to the agri-tourism
location and at the site of the agri-tourism activity. The warning notice must
consist of a sign in black letters, with each letter to be a minimum of one inch in
height. Every written contract entered into by an agri-tourism professional for the
providing of professional services, instruction, or the rental of equipment to a
participant, whether or not the contract involves agri-tourism activities on or off
the location or at the site of the agri-tourism activity, must contain in clearly
readable print the warning notice specified in subsection (2) of this section

Also, all registered operations shall provide to participants a written
description of the registered agri-tourism activities upon request. This signage
provides that participants are assuming responsibility of any inherent risk
provided, however, that this Act does NOT limit the liability for willful or wanton
conduct by any agri-tourism operators.

(2) _ The signs and contracts described in subsection (1) of this section
must contain the following notice of warning:

IARNIN'

Under Philippine law, there is no liability for an injury to or death of
a participant in an agri-tourism activity conducted at this agri-
tourism location if such injury or death results from the inherent
risks of the agri-tourism activity. Inherent risks of agri-tourism
activities include, among others, risks of injury inherent to land,
equipment, and animals, as well as the potential for you to act in a
negligent manner that may contribute to your injury or death. You
are assuming the risk of participating in this agri-tourisin activity.”

(3) Failure to comply with the requirements concerning warming signs
and notices provided in this subsection will prevent an agri-tourisin professional
from invoking the privileges of immunity provided in this Act

SECTION 8. Tax Credit for Agri-tourism Activities. - The Department of
Finance shall be given the task to craft rules and regulations pertaining to the
determination of which costs qualify as agri-tourism liability insurance.

The tax credit is an amount equal to 20% of the agri-tourism liability
insurance not to exceed P50,000.00 in any tax year.


If the tax credit exceeds the total amount of income taxes owed for that
year, the difference can be rolled over to the next tax year.

This tax credit is available fm the first five tax years commencing after they
open their agri-tourism operation.

The limited liability is afforded to agri-tourism operations that charge for
their activities and those that do not charge for their activities, so long as the
signage is in place.

SECTION 9. Injury to Trespassers on Agricultural Land. — A person or
organization owning, controlling, or possessing an interest in agricultural real
property, or an agent of such person or organization, shall not he held liable for
negligence related to such property that results in the death of, injury to, or
damage to a person who has engaged or is engaging in conduct on the property
that is unlawful under either Section 11 or Section 12 or unlawful trespassing by
such person incident to such conduct on the property.

SECTION 10. Posting of Signs on Agricultural Lands. - (1) Signs are placed
not more than 500 feet apart along, and at each corner of, the boundaries of the
land, upon which signs there appears prominently, in letters of not less than 2
inches in height, the words “No Trespassing” and in addition thereto the name of
the owner, lessee, or occupant of said land. Said signs shall be placed along the
boundary line of posted land in a manner and in such position as to be clearly
noticeable from outside the boundary line; or

(2) Conspicuous no trespassing notice is painted on trees or posts on
the property, provided that the notice is:

(a) Painted in an_ international orange color and
displaying the stenciled words “No Trespassing” in letters no less
than 2 inches high and 1 inch wide either vertically or horizontally;

(b) Placed so that the bottom of the painted notice is not
less than 3 feet from the ground or more than 5 feet from the
ground; and

() Placed at locations that are readily visible to any

person approaching the property and no more than 500 feet apart
on agricultural land

Upon enactment of this Act, when a landowner uses the painted no
trespassing posting to identify a “no trespassing” area, those painted notices
shall be accompanied by signs complying with subparagraph 1 and placed

conspicuously at all places where entry to the property is normally expected or
known to occur.


SECTION 11. Removing of Notices on Agricultural Lands. — It is unlawful for
any person to willfully remove, destroy, mutilate, or commit any act designed to
femove, mutilate, or reduce the legibility or effectiveness of any posted notice
placed by the owner, tenant, lessee, or occupant of legally enclosed or legally
posted land pursuant to any law of the Philippines for the purpose of legally
enclosing the same.

Any person violating the provisions of this section shall be guilty of a
misdemeanor.

SECTION 12. Separability Clause. — If any provision or part thereof, is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SECTION 13. Repealing Clause. — Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to, or inconsistent with the provisions of this Act is hereby
repealed, modified or amended accordingly.

SECTION 14. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation

Approved,