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Republic of the Philippines RECEIVED

HOUSE OF REPRESENTATIVES — | © ove, JUL 9.22019
Quezon City { Tue;
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EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1087

Introduced by Representatives
HORACIO P. SUANSING, JR. and ESTRELLITA B. SUANSING

AN ACT
INSTITUTING THE FARMERS AND FISHERFOLK ASSISTANCE ACT

EXPLANATORY NOTE

In more recent years, several exogenous factors, such as a more volatile global commodity
market and more extreme changes in environmental conditions. have challenged the welfare of
the members of our local agricultural sector. Given the injurious effects of these factors, the
Philippine Government has effectively sought out to alleviate the burden caused to our farmers
and fisherfolk by funneling public funds towards building essential infrastructure and
disbursing sector-specific financial assistance through the Department of Agriculture.

However, this laudable development would not prove as effective in the long run without
instituting a formidable legal safeguard against the possible extraction of government funds,
purposed for agricultural sector assistance, by authorities tasked with its disbursal. Given the
aforementioned economic shocks that already adversely affect the livelihood of our farmers
and fisherfolk, this Government ought to establish barriers against potential extortive behavior
and ensure that any monetary assistance granted to our farmers and fisherfolk is duly directed
towards their welfare.

The following measure seeks first to empower our local farmers and fisherfolk by establishing
a voucher system through which they may apply for financial assistance to regional offices of
the Department of Agriculture for the purpose of purchasing farm inputs, equipment, and other
tools that may aid the cultivation and farming of crops and other types of agricultural produce.
It also aims to strengthen the public accountability of regional officers of the Department of
Agriculture by mandating that they completely account and submit all covering documents to
the regional internal auditor, to the Department’s national office and to the Congressional
Oversight Committee within 30 days of fund disbursement, in lieu of strong penalties also
included herein.

Finally, and most importantly, this measure endeavors to provide strong legal protection
against the unlawful diversion, misuse and/or misappropriation of funds earmarked for the use
of farmers and fisherfolk by criminalizing acts related to such behavior, and recommends the
imposition of criminal penalties on acts related to using such funds for political endeavors,
such as for election purposes.

‘There has long been a call for strong legal protection for our local agricultural sector and the
public funds provided for them by the Government. Irreversible mistakes were made in the past


that have adversely impacted the development of agriculture in our country, and given that our
country will only achieve its goals of inclusive economic progress if all sectors are equitably
supported, our Government ought to fully commit to this sector’s growth and development. By

establishing institutional and legal safeguards for its members, this measure endeavors to
effectuate such a commitment.

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

HORACE. SUANSING, JR.
2™ Disffict of Sultan Kudarat 1* District of Nueva Ecija

"This bill was filed by Rep. Horacio P. Suansing, Jr and Rep. Estelita B. Suansing during the 17% Congres, First Regular
Session,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 1687

Introduced by Representatives
HORACIO P. SUANSING, JR. and ESTRELLITA B. SUANSI

AN ACT
INSTITUTING THE FARMERS AND FISHERFOLK ASSISTANCE ACT

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 “Farmers and Fisherfolk Assistance
Act.”

SECTION 2. Declaration of Policies. — It is the policy of the State to effectively assist and
provide funds for the needs of farmers, fisherfolk and others in the agricultural sector,
insulating the funds from misuse, misappropriation or diversion, imposing penalties for
violation thereof.

SECTION 3. Definition of Terms. — As used in this Act
A) Farmers shall refer to natural persons cultivating, planting, marketing and

distributing crops, vegetable, fruits and other agricultural products from land and sea
and shall include fisherfolk;

B) Other Farmers shall refer to corporation, associations, cooperatives, foundations,
NGOs, people’s organization and artificial beings with juridical capacity involved in
similar activities stated in paragraph (a) hereof as done by farmers;

C) Funds refer to appropriation from public funds for use included in the General
Appropriations Act, special laws or local ordinances intended for the farmers;

D) Farm Use refers to seedlings and fertilizers including farm tools, gadgets,
implements and equipment necessary for cultivation, development, improvement or
fertilization of farmlands, orchards, and other agricultural lands; and

E) Department refers to the Department of Agriculture

SECTION 4. Requisition, Release and Disbursement of Funds. — Any provision of laws to
the contrary notwithstanding the requisition, release and disbursement to farmers of funds
intended or earmarked for use in the cultivation, development, improvement or fertilization of
farmlands, orchards and other lands devoted to the planting of crops, agricultural food products,
vegetable and fruits shall be through a Voucher System whereby the farmers themselves shall


determine and requisition the farm inputs, implements and other farm uses as they need and
submit such through vouchers to the Regional Office of the Department for approval of the
Regional Director and release within a period of not exceeding sixty (60) days from approval
based on and within the allocation in the budget for the specific locality where the farm is,
located; Provided, however, That in purchasing or making available such agricultural inputs,
implements, and other farm uses as determined by the totality of the aggregate vouchers or
requisitions, the provisions of Republic Act No. 9184, otherwise known as the Government
Procurement Act of 2003, shall be strictly complied with by the Regional Director of the
Department.

SECTION 5. Internal Pre-Audit Service. —\n lieu of purchasing the said requisitioned
agricultural farm inputs, implements, and other farm uses, the Regional Office may release
funds directly to the requesting farmer, in which case, he shall immediately submit all the
covering documents to the internal auditor in the region who shall, not later than thirty (30)
days from such receipt, submit his audit report to the national office of the Department charged
with monitoring the use of the funds, implementation of the project and evaluation of the
progress or effects of the program to the country, furnishing copies thereof to the Congressional
Oversight Committee on Agriculture.

SECTION 6. Violations and Penalties. — The following violations shall constitute criminal
offenses punishable under this Act as follows:

A) Diversion, misuse, or misappropriation of the funds of a portion thereof or of the
farm inputs, implements, and other farm uses intended to be released to the farmers, or
falsely or fraudulently making it appear that such requisition or release of funds or farm
inputs has been made when in fact there is non, shall, in addition to the penalties
provided for in the Revised Penal Code, be punishable with imprisonment of not less
than twelve (12) years but not more than twenty (20) years; Provided, however, That if
such funds or farm uses be utilized for election purposes, money laundering, or other
illegal and unlawful activities, the penalty shall be imposed in the maximum period;
Provided, finally, That in the event it is established that the use of the whole or a portion
of the fund or farm uses also constitutes the crimes of plunder, the penalty for plunder
shall be applied;

B) Any farmer, group, corporation, association, cooperative, foundation, NGO,
people’s organization, or other artificial being with juridical capacity granted any fund
or farm uses which shall use the same for vote-buying, reselling, or purposes other than
those provided herein or shall be involved in the false of fraudulent requisition or
misuse or misappropriation of the fund or farm uses, shall be punishable with
imprisonment of not less than ten (10) years but not more than fifteen (15) years;
Provided, however, That in case of a corporation, association, cooperative, foundation,
NGO, people’s organization, or other artificial being with juridical capacity, whether
registered or not, composed of two or more persons, the stockholders, members
directors, trustees, officers and the individuals composing it shall be liable in their
personal capacity and suffer the penalties provided herein unless the individuals
composing it shall prove that he/she never took part in the transaction and benefited
from the proceeds of the funds of the farm uses;

C) Failure or unjustifiable refusal of the Regional Director or his subordinate to act
upon, process, and evaluate within the period of time hereinbefore fixed or to release


the funds or farm uses to the farmer applicant when there is no legal nor justifiable
reason to do so shall be punishable within imprisonment of not less than six (6) years
but not more than twelve (12) years; and

D) Any other violation of this Act shall be punishable with imprisonment of not less
than five (5) years but not more than ten (10) years.

SECTION 7. Appropriations. — The amount needed for the initial implementation of this Act
shall be charged against the appropriations of the Department of Agriculture. Thereafter, such
sums as may be necessary for the continued implementation of this Act shall be included in the
annual General Appropriations Act.

SECTION 8. Rules and Regulations. — The Department of Agriculture shall promulgate the
necessary rules and regulations to effectively implement the provisions of this Act within sixty
(60) days from the effectivity hereof.

SECTION 9. Separability Clause. — If any provision or part of this Act is declared
unconstitutional or invalid, other parts or provisions hereof which are not affected shall
continue to be in full force and effect.

SECTION 10. Repealing Clause. — All laws, decrees, executive orders, rules and regulations
and other issuances or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 11. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation.

Approved,