Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session
6422

House Bill No.

Introduced by Representative EDDIEBONG G. PLAZA
2"° District, Agusan Del Sur

EXPLANATORY NOTE

The uplands are the preferred destination for rural migration. It is home to many
Indigenous Tribes and hosts much of our forest resources and underground minerals.
In 2000, an estimated 20 million Filipinos, approximately 26% of the population then,
lived in uplands. Roughly 11.9 million hectares of the country are classified as
uplands and more than 8 million hectares of which are under some kind of cultivation
(Guiang in Tacio, 2000). The uplands are also where we can find the highest
incidence of poverty. Productivity is very low; upland farmers are barely surviving,
their children suffers from malnourishment. The situation is very alarming as it
exposes further our remaining forest cover to unhampered exploitation while keeping
upland dwellers poor and destitute making them susceptible to encouragements by
lawless elements to commit crimes and violence.

A clear policy and implementation strategy on upland development can kill three
birds with one stone: protect the environment, fight poverty and eliminate crimes and
insurgency. The Upland Sustainable Agro-Forestry Development (USAD) Program of
the Province of Agusan del Sur launched in late 2013 was very instrumental in
reducing poverty in the Province from 45% in 2015 to 32.4% in 2018. Currently the
Agusan del Sur’s USAD maintains nearly 5,000 hectares of upland farms planted with
high value crops providing alternative source of livelihood to thousands of upland
families. The USAD farms hectarage increases geometrically every year greening
thousands of hectares of denuded uplands which helps in improving the quality of the
Province’s forests and timberlands.

It should be emphasized that growing crops is only secondary to USAD’s main
thrust on ‘growing people’ - the empowerment of individuals and communities for
greater productivity and sustainability. With a clear-cut implementation procedure
that gives premium on accountability, both people- beneficiaries and government


workers of the Program have developed pride in hard work that brings tangible results
to the benefit of the people and the service. With Agusan del Sur’s successful
experiment with USAD, this humble representation wish to share this experience with
the entire nation.

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

HON. EDDIEBONG G. PLAZA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

6422

House Bill No.

Introduced by Representative EDDIEBONG G. PLAZA
2° District, Agusan Del Sur

AN ACT ESTABLISHING UPLAND SUSTAINABLE AGROFORESTRY
DEVELOPMENT (USAD) PROGRAM IN UPLAND AGRICULTURAL LANDS AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in the
Congress assembled:

SEC. 1. Short Title. This Act shall be known as the “USAD ACT”

ARTICLE I
Declaration of Policy, Purpose and Objectives, Definition of Terms, Scope and
Coverage

SEC.2. Declaration of Policy. Consistent with the policy of the State to free the
people from poverty through policies that provide adequate social services, a rising
standard of living and an improved quality of life, the State shall adopt a
comprehensive and holistic approach in poverty alleviation wherein every Filipino is
able to meet the basic needs of food, nutrition, environmental sanitation, shelter,
education and income security.

It is also the policy of the State to protect and promote the right of the people
to a balanced and healthful ecology. The State shall implement projects and
programs geared towards economic growth and sustained national development in
harmony with environmental conservation and ecological balance.

SEC. 3. Purpose and Objectives. It is the purpose and objective of this Act to
reduce poverty incidence in the uplands and specifically aims to:

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(a) Employ a convergence approach in alleviating poverty in the most
marginalized sectors in the country - the upland and indigenous
communities;

(b) Create and increase economic opportunities for upland communities
specially for those who make a living out of farming;

(c) Protect and conserve the natural resources by providing altemative
sources of livelihood for people in upland communities;

(d) Involve the indigenous people communities into the mainstream through
comprehensive development programs;

(e) Empower the individuals and communities for sustainability through a
holistic development approach that addresses the multi-dimensionality of
poverty; and

(f) Optimize agricultural productivity on idle lands owned by marginalized
landowners.

SEC. 4. Definition of Terms. Whenever used in this Act, the following terms shall

mean:

(a) Agricultural land- refers to a land devoted principally to the raising of
crops such as rice, corn, sugar cane, tobacco, coconut, etc., or to
pasturing, dairying, inland fishery, salt making and others, including
timberlands and forest lands’.

(b) Convergence approach - refers to multi-stakeholders or multi-agency
cooperation in sprouting sustainable economic development.

(c) Custodian- refers to the designated authority and/or accountable person
over the non-livelihood infrastructures.

(d) Enrollees - refers to upland dwellers which are identified as recipients of
USAD program.

(e)Home and Backyard Small Business- refers to small income-
generating activities being run from someone's home or backyard which
may include, but not limited to, baking, pastry-making etc., handicrafts
such as but not limited to weaving, knitting; dressmaking and tailoring,
and others.

(f) Social Preparation — is the conduct of preliminary social analysis of the
community where organizer, engage in institution preparations, area
selection and social investigation/integration.(DSWD MC 06, S.2014) It
also refers to series of pre-implementation activities involving individuals

'PD 464 Sec. 3 (c)

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and communities intended for the proper and effective discharge or
execution of the USAD Program such as but not limited to:

(i) educating and informing the enrollees and their respective
communities on the poverty situation and other relevant data that
will contextualize their participation in the program;

(ji) the conduct of Participatory Rapid Assessment (PRA) and
evaluation, if any, of barangay development plan; and

(iii) the assessment of the absorptive capacity of the communities and
enrollees based on availability of labor and/or land.

(g) Participatory Rapid Assessment (PRA)- an interactive data collection
process conducted at a community level or with a specific community
group of interest. PRA is applied at the design, early implementation and
evaluation phases of a project cycle.

(h) Upland- refers to areas comprising: (1) marginal lands with slopes 18
percent or higher, (2) lands within mountainous zones and (3) lands
within terrain classified as hilly to mountainous.

(i) Upland Sustainable Agro-forestry Development (USAD) - refers to
comprehensive development framework aimed at alleviating poverty in
the upland communities by way of convergence approach providing
livelinood programs, nondivelinood and infrastructure projects and
conducting continuous education and trainings relative thereto,

SEC. 5. Scope and Coverage. This Act shall apply and cover provinces, cities and
municipalities with upland communities.

ARTICLE Il
Structure Composition, Operation of the USAD Program

SEC. 6. Creation of USAD Coordinating Unit. It is hereby created an USAD
Coordinating Unit in every province, city and municipality which will be under the
direct supervision of the Local Chief Executive (LCE). It shall organize and assign
USAD coordinator and teams for the effective implementation of the USAD Program.
The Provincial USAD Coordinating Unit shall serve as lead unit to municipal
counterparts, the Municipal USAD Coordinating Unit.

SEC. 7. Composition of USAD Coordinating Unit. The USAD Coordinating Unit
shall be composed of a Program Coordinator, USAD Teams and its respective team
members.

SEC. 8. Functions. The functions of the USAD Coordinating Unit are as follows:

(a) USAD Program Coordinator. The Program Coordinator shall be the head


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of the Provincial/City/Municipal USAD Programs Unit whom shall be
mandated to prepare and capacitate individuals and communities for the
productive and beneficial absorption of government's development
programs. He/She shall coordinate with the Program Management Team
and the Implementing Offices for the programs, projects and activities for
an integrated intervention approach on any given target community for
development. He/She shall perform the following functions:

4. Requires implementing offices for the submission of detailed work and
financial plan for USAD areas along with initial impact assessment report;

2. Requires updates on all programs, projects and activities under USAD
Programs and recommends measures based on the implementation
procedure from the Implementing Offices;

3. For municipal USAD, coordinates with the Municipal Local Chief Executive,
municipal or the barangay focal person if deemed necessary;

4. Coordinates with other national agencies relative to USAD convergence
programs;

5. Participates in the planning process to any programs and projects
development particularly in the reduction of poverty condition of the
province;

6. Supervises the USAD teams;

7. Coordinates with the program management team to ensure success of the
programs and/or projects;

8. Conducts meeting with Program Team Leaders;

9. Conducts validation of submitted reports and present progress report to
the province/city/municipal government regarding the program;

10.Provides updates for the Governor/City/Municipal Mayor and make
recommendations for constant improvement in the implementation process
under the USAD Program; and

11.Performs any functions as required by the —_ Provincial
Governor/City/Municipal Mayors.

(b) USAD Team. For provincial USAD Unit, one (1) USAD team shall be
assigned for every municipality or component city enrolled to USAD.

The USAD teams shall be composed of a team leader and its respective
members. The functions of a team leader are as follows:

1.) Prepares action plan;


2.) Leads in the conduct of the USAD activities in the field;

3.) Conducts monitoring and submit reports on the progress of the
implementation of the programs, projects, and activities;

4.) Coordinates with the City/Municipal /Barangay Local Government Units
and USAD focal person for the efficient implementation of the
programs, projects and activities;

5.) Attends regular meetings and update the program coordinator on the
progress of USAD programs in their respective area of assignments.

6.) Submit to the program coordinator a written report based on the
validated report from the field.

The team members shall perform the following functions:

4.) Conduct social preparation and capacity development of enrollees and
communities;

2.) Participate in the team planning process in the conduct of field
implementation, monitoring and reporting of programs, project and
activities in their respective area of assignments,

3.) Conduct close monitoring and reporting on every stage of the
implementation processes,

4.) Provide updated information to guide the implementing office for a
timely intervention and/or technical assistance to USAD Program
enrollees; and

5.) Submit to the team leader validated reports from the field.

SEC.9. Implementing Offices. The \mplementing Offices shall propose,
formulate, and implement programs, projects and activities (PPAs) on the target and
identified areas having high poverty incidence. It shall be composed of the following
offices: Provincial/City/Municipal Agriculture Office (PAO/CAO/MAO), Provincial/
City/Municipal Veterinary Office (PVO/CVO/MVO), Provincial/City/Municipal Social
Welfare and Development Office (PSWDO/CSWDO/MSWDO),
Provincial/City/Municipal Engineering Office (PEO/CEO/MEO),
Provincial/City/Municipal Health Office (PHO/CHO/MHO), Provincial/City/Municipal |
Environment and Natural Resources Offices (PENRO/CENRO/MENRO),
Provincial/City/Municipal Employment Services Offices (PESO/CESO/MESO). It is
hereby mandated to perform the following functions:

1.) Implement and manage their respective programs or projects identified
under USAD;

2.) Provide technical support to the USAD Program especially to the USAD
teams in the field in assisting enrollees to ensure success of the Program;

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3.) Prepare and provide necessary data to the program coordinator which will
be used by the USAD teams in monitoring and validation;

4.) Prepare and provide progress report in each implementation phase and
final report at the end of each fiscal year; and

5.) Participate in the USAD general meetings.

SEC.10. Program Management Team. It is hereby created a Program
Management Team (PMT) who shall serve as the overseer of the USAD Program
Units’ activities. The Program Management Team shall comprise with the Heads of
Office of the following offices: Provincial/City/Municipal Planning and Development
Office (PPDO/CPDO/MPDO), Bids and Awards Offices (BAC), Provincial/
City/Municipal General Services Office (PGSO/CGSO/MGSO),
Provincial/City/Municipal Accounting Office (PACCO/CACCO/MACCO),
Provincial/City/Municipal Budget Office (PBO/CBO/MBO),Provincial/City/Municipal
Administration and Management Office (PAdMO/CadMO/MadMO),
Provincial/City/Municipal Human Resource and = Management Office
(PHRMO/CHRMO/MHRMO), Internal Audit Offices (IAOs), Information Management
Offices  (IMOs), Provincial — Clity/Municipal Assessment ——Office
(PASSO/CASSO/MASSO) = and_—Provincial/City/Municipal Treasury Office
(PTO/CTO/MTO) and a representative of the municipal and barangay councils. The
Municipal Management Team shall also be created which shall closely coordinate
with the PMT.

It shall be mandatory that the Program Management Team is represented in
every progress report presentation. The Program Management Team shall hold
meetings as often as necessary which shall be attended by the members sitting in
ex-officio capacity.

It shall, thereafter, provide policy support, review and recommend course of
actions and policies, provide feedback to policy makers, project developers, examine
the objectives of the proposed programs, evaluate the progress and achievement
reports and perform other functions deemed necessary to aid the program
coordinator in ensuring the success of the programs and projects.

SEC.11. Municipal/Component City USAD Units. The Municipal/City Government
shall organize a Municipal/ Component City USAD Unit which shall work under close
coordination with the Provincial USAD Program Unit. Its programs and projects shall
be consistent with those of the Provincial USAD Unit.

SEC.12. Personnel, Members and Staff. Only non-ex-officio personnel, members
and staff of the USAD Program Units, Program Management Team and the Program
Implementing Office shall be entitled to renumerations to be determined by the
concerned local government units taking into account their actual duties and
responsibilities. It may be increased as per yearly reviews on the merits based on
their productivity.

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ARTICLE Il
Project Establishment Phase

SEC.13. Selection of Barangays. Barangays shall be selected and ranked
according to their poverty incidence based on the results of Community Based-
Monitoring System.Among those selected barangays, priority will be given to those
with existing Barangay Development Plan.

SEC.14. Non-livelihood and Livelihood Projects. The Program shall serve as an
avenue for infrastructure, social and non-livelihood projects and livelihood programs
for upland residents towards comprehensive intervention and holistic development
framework.

(a) Nonlivelihood and Infrastructure Projects. Non-lvelinood projects
shall cover health, education, cultural and sports programs. Infrastructure
projects shall include barangay halls, multi-purpose buildings, farm to
market roads, barangay health units, day care centers, sanitation and
water facilities.

(b) Livelihood Projects. The USAD Program Unit shall determine the priority
commodities and other support crops, home and backyard small
businesses, fishery, livestock and poultry suitable for the livelihood
projects.

(c) Documentary Requirements. The Implementing Offices shall issue the
guidelines for the projects and project proposal. Non-compliance to the
guidelines may result to automatic rejection without prejudice to its
reversal upon compliance of the guidelines within the prescribed schedule.

SEC. 15. Selection of Enrollees. Selection of enrollees shall be made for the
livelhood projects only. The prospective enrollees shall come from the list of
households with income below poverty threshold provided that they are able to meet
the requirements of the project such as labor, time and/or land.

All prospective enrollees must present a barangay certification attesting that
he or she is a resident of the barangay at least six (6) months prior to the application
to the Program validated through the Community-Based Monitoring System (CBMS).
Enrollees not listed in CBMS must register with the system prior to the acceptance to
the Program. The Implementing Office may also require additional requirements as
may be necessary in the enroliment of the Program.

For agricultural development programs and projects, the Implementing Office
shall require a confirmation and validation from the Register of Deeds as to land
status.

SEC.16. Duties and Responsibilities of Enrollees. Upon agreeing with the terms

and conditions of the Program, the enrollees shall comply with all the requirements
of the USAD’s projects, programs and activities which includes but not limited to:

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a.) attending capacity development trainings;

b)) strictly observe guidelines and modules provided by the technical staff or
expert resource person of the Implementing Office; and

c.) provide timely and necessary feedback and/or report to the USAD Team
on the progress of the projects under their care.

SEC. 17. Procurement of Materials. The procurement of materials shall be
prioritized and in accordance to existing procurement laws. The procurement
process shall take into consideration farms’ schedule, timely field implementation
and to avoid delays as much as possible.

SEC. 18. Social Preparation and Capacity Development of Enrollees. The
USAD Provincial, City and Municipal Team in coordination with the Implementing
Offices shall conduct PRA to identify community needs, assist in the crafting of a
Barangay Development Plan if in case such is not updated and hold program
orientation to barangay councils, enrollees and any interested member(s) of the
communities.

The USAD Coordinating Unit shall also assist in the organization of the
enrollees whom shall have a set of officers, approved policy and/or by-laws. This
organization shall be registered at the Department of Labor and Employment (DOLE)
or at the Securities and Exchange Commission (SEC), as the case may be.

In case of existing registered organization, the Implementing Office shall
review the organization's constitution and by-laws to determine its compatibility with
the project's objectives. Non-member enrollees shall be enlisted with the
organization.

‘A Memorandum of Agreement or Memorandum of Understanding shall be
entered into by the Provincial/City Government, Municipality, Barangay and
Enrollees' Organization prior to the establishments of the projects.

It shall be mandatory to conduct capacity development training which shall be
attended by the enrollees whom shall be assessed after. Appropriate assessment
tools shall be developed for that purpose.

SEC.19.Establishment of Livelihood Projects. For agricultural farm projects, the
following activities shall be undertaken:

1. the concerned agricultural extension worker and agriculturist shall assist
the enrollees in getting a soil sample from their respective farm site for laboratory
analysis to determine its suitability for farming and appropriate crops;

2. lay-outing of the farm and geo tagging;
3. the timely delivery of planting materials, seedlings, and other necessary
material inputs shall also be made to the concerned enrollees by the Implementing

Offices along with USAD Teams. The guidelines for the proper distribution shall be
strictly observed; and


4, the USAD Team along with the Implementing Offices and its technical staff
shall monitor and assist enrollees, if needed, in the implementation activities such as,
but not limited to, land preparation, planting, trimming and application of fertilizer.

Technical assistance shall be made available to enrollees from their
corresponding Implementing Office all throughout the process from land preparation,
planting, harvesting, farm maintenance, value-adding, processing, marketing and
financial management.

For non-agricultural programs and projects, the Implementing Offices along
with the USAD Teams shall conduct ocular inspections of the sites to assess its
suitability to the intended project, program and activities. The same shall deliver to
the enrollees all material inputs, and the kits needed for the approved projects,
programs and activities.

SEC.20. Establishment of Non-livelinood and Infrastructure Projects. The
assigned custodian shall submit quarterly maintenance report to the USAD unit who
Shall coordinate with the Implementing Office for timely and necessary assistance
and feedback. The delivery of the projects shall be done in accordance with the
approved implementation procedure.

The Implementing Offices shall likewise supervise the projects’ delivery and
installation. It shall also conduct capacity development training to assigned custodian
while the projects are still in progress and involved the same in the formulation of the
maintenance plan.

The assigned custodian shall submit quarterly maintenance report to
concerned Implementing Offices on which the latter shall provide necessary
assistance and feedback.

SEC. 21. Project Maintenance Phase (Sustainability). Reports submitted by the
enrollees to the USAD Team shall be validated and verified by the Implementing
Office in the field after which a meeting will be called wherein the Implementing
Office shall make necessary recommendations and take the necessary actions
concerning the report. The USAD Team shall ensure that said recommendations are
properly carried out in the field.

It shall be mandatory for the Implementing Offices in coordination with the
USAD Unit to conduct continuing training and education of the enrollees taking into
consideration issues and concerns in the field.

SEC. 22. Project Marketing Phase. The Implementing Office shall conduct an
inventory of areas with agriculture production and organize the enrollees into
associations in preparation for the marketing phase. Capacity building on value-
adding commodity and market matching for possible buyers shall also be made.

SEC. 23. Graduation of Enrollees. The enrollees are deemed to have graduated
from the program if the household earned an income above the prevailing poverty
threshold as reflected by their respective Progress Report Card created for that
purpose.

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The graduated enrollees are hereby granted the option to continually attend
the trainings and education conducted under the USAD Program.

SEC. 24. Reportorial Requirements. It shall be mandatory for every USAD teams
to submit monthly progress reports to the Program Coordinator. The latter shall
provide updates to the Provincial GovernoriCity Mayor accordingly.

‘mid-year assessment report shall be conducted by the USAD Program Unit
taking into consideration the progress of the projects, programs, activities in each
barangay, the general status of the USAD Program and other issues and concerns in
the implementation phase.

The annual report shall cover the barangay status prior to the implementation
of the projects (physical profile, demographic, brief history, and poverty profile) vis-8-
vis the progress of the USAD projects and its impact in the communities.

SEC. 25. Development Program Harmonization. All national line agencies, civil
society organizations and other institutions that implements socio-economic
development projects shall harmonize and align policies, plans and programs for a
sustainable USAD implementation.

ARTICLE Ill
Miscellaneous Provisions

SEC. 26. Appropriations. The amount neccessary to carry out the provisions of this
Act shall be charged against the General Appropriations Act.

SEC. 27. Implementing Rules and Regulations. Within sixty (60) days after
effectivity of this Act, the Department of Interior and Local Government (DILG) in
coordination with the Department of Agriculture (DA), Department of Agrarian Reform
(DAR), Department of Health (DOH), Department of Environment and Natural
Resources (DENR), Department of Social Welfare and Development (DSWD),
Department of Trade and Industry (DT!) and Technical Education and Skills
Development Authority (TESDA) shall formulate the rules and regulations to fully
implement the provisions of this Act.

SEC. 28. Separability Clause. If, for any reason, any part or provisions of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not affected
shall remain in full force and effect.

SEC. 29. Repealing Clause. All laws, presidential decrees, executive orders and
rules and regulations contrary or inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 30. Effectivity. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

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The graduated enrollees are hereby granted the option to continually attend
the trainings and education conducted under the USAD Program.

SEC. 24. Reportorial Requirements. \t shall be mandatory for every USAD teams
to submit monthly progress reports to the Program Coordinator. The latter shall
provide updates to the Provincial Governor/City Mayor accordingly.

mid-year assessment report shall be conducted by the USAD Program Unit
taking into consideration the progress of the projects, programs, activities in each
barangay, the general status of the USAD Program and other issues and concerns in
the implementation phase.

The annual report shall cover the barangay status prior to the implementation
of the projects (physical profile, demographic, brief history, and poverty profile) vis-a-
vis the progress of the USAD projects and its impact in the communities.

SEC. 25. Development Program Harmonization. All national line agencies, civil
society organizations and other institutions that implements socio-economic
development projects shall harmonize and align policies, plans and programs for a
sustainable USAD implementation.

ARTICLE Ill
Miscellaneous Provisions

SEC. 26. Appropriations. The amount neccessary to carry out the provisions of this
Act shall be charged against the General Appropriations Act.

SEC. 27. Implementing Rules and Regulations. Within sixty (60) days after
effectivity of this Act, the Department of Interior and Local Government (DILG) in
coordination with the Department of Agriculture (DA), Department of Agrarian Reform
(DAR), Department of Health (DOH), Department of Environment and Natural
Resources (DENR), Department of Social Welfare and Development (DSWD),
Department of Trade and Industry (DTI) and Technical Education and Skills
Development Authority (TESDA) shall formulate the rules and regulations to fully
implement the provisions of this Act.

SEC. 28. Separability Clause. If, for any reason, any part or provisions of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not affected
shall remain in full force and effect.

SEC. 29. Repealing Clause. All laws, presidential decrees, executive orders and
rules and regulations contrary or inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 30. Effectivity. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

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