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

SEV!

TEENTH CONGRESS
First Regular Session

House Bill No.8 98 3

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay ~ Villar

EXPLANATORY NOTE

‘The agricultural industry in our country is akin to an untended field, one falling short of its
potential. This is not something that the nation can afford to ignore. After all, approximately
half of all Filipinos live in rural-farming or fishing-areas, and around seventy percent of the
poor families in our country are rural-based. The average income of Filipino farmers is only
$50 a month from working a 1.5-hectare farm, and that farmer is likely to be around 57 years
old.

Much of the potential of the agricultural industry may be unlocked if we can only maximize
the efficient use of the powers devolved to the local government units. After a quarter of a
century since the passing the Local Government Code, many local government units are still
struggling to develop or properly implement an array of programs and projects commensurate
with the scope of the powers granted to them. While it is true that the LGUs are often in the
best position to deliver these services because they know the problems, needs and aspirations
of their constituents, many lack the technical resources or the expertise necessary to make
proper use of the same. LGUs lack the technical capacity to efficiently deliver some of the
devolved tasks, or neglect some more technical tasks in favor of others that are more to their
short-term benefit, and this has resulted in the underutilization of technical personnel,
particularly in agriculture. The municipal agriculture offices (MAQs) do not have the critical
mass of personnel, expertise and resources for effective extension and the provincial
agricultural offices (PAQs) have no direct supervision over the municipal offices and so are
unable to implement plans efficiently.

This bill -- filed as a counterpart of Senate Bill No, 318 with the support of its author, Senator
Cynthia Villar -- proposes the creation of comprehensive programs, the Local Agrarian
Development Programs, on agriculture development in all local government units which
derive at least fifty (50) percent of their income from agriculture or fisheries.

boot. 1 , Vater
EMMELINE Y. AGLIPAY ~ VILLAR
Representative, DIWA Party-list

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Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONG!
First Regular Session

House Bill No, 898 8

Introduced by DIWA Party-list Representative Emmeline Y, Aglipay ~ Villar

AN ACT
STRENGTHENING LOCAL GOVERNMENT PARTICIPATION IN
AGRICULTURE DEVELOPMENT BY INSTITUTIONALIZING A TEN PERCENT
(10%) ALLOCATION FROM THEIR INTERNAL REVENUE ALLOTMENT FOR
THE IMPLEMENTATION OF PROGRAMS, ACTIVITIES AND SERVICES FOR
AGRICULTURE AND FISHERIES ADVANCEMENT AND AMENDING FOR THE
PURPOSE SECTIONS 17, 106, 107, 110, 287, 443, 454, AND 482(a), 511 (a), OF
REPUBLIC ACT 7160 OTHERWISE KNOWN AS THE LOCAL GOVERNMENT
CODE AND FOR OTHER PURPOSES:

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

Chapter I
General Provisions

Section 1, Title. This Act shall be known as the "Local Government Agriculture
Development Act of 2016,"

Section 2. Declaration of Policy. It is hereby declared the policy of the State to promote,
localize and accelerate the development and modernization of the Philippine agriculture and
fisheries sector by providing opportunities to increase their productivity

The State shall promote cooperation and participation of the local government units and their
stakeholders in defining, harnessing, rationalizing the use of available resources, for the
advancement of food security, market access of products, application of good farm and
fishing practices, modern technology, and profitable agribusiness opportunities towards a
sustainable countryside development

A healthy and dynamic agricultural sector is an important foundation of rural development
Rural livelihoods are enhanced through effective participation of rural people and rural
communities in the management of their own social, economic and environmental objectives
by applying the bottom-up approach and helping them access government resources,

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‘There shall be a comprehensive program on agriculture development in all local government
units which have at least fifty (50) percent of their income sourced from agriculture or
fisheries, This function shall form part of the basic, regular and direct services of the LGU to
its inhabitants

Agriculture development is economic development and is associated with opportunities for
rural people to move up the economic ladder.

Section 3, Scope and Coverage. This shall be implemented in all Local Government Units
in consultation and partnership with their stakeholders.

Section 4, Local Agriculture Development Programs. Local Agriculture Development
Programs shall focus on the areas identified as factors contributing to the competitiveness of
the agriculture industry. These include the availability and production of seeds, livestock,
fingerlings and other farm inputs, mechanization and post-harvest equipment, irrigation
system access and maintenance, marketing of products, credit, guarantee, and agriculture
insurance, knowledge of better farming systems, and knowledge of organic farming, among
others. Towards this aim, the Local Government Units (Municipalities, Cities and Provinces)
shall

1, Enhance, strengthen and promote agriculture and fisheries as a major livelihood sector in
the locality;

2, Allocate a minimum often percent (10%) of their annual development fund to agriculture
and fisheries development;

3. Create a Committee on Agriculture and Fisheries Development in the Local Government
Legislative Council to address legislation in the said legislative body related to all agriculture
and fisheries development and protection matters;

4. Create the position of City and Municipal Agriculturist in the LGU regular plantilla;

5, Establish an agriculture and fisheries office and strengthen the capacities of its personnel
who shall see to the implementation of the agriculture and fisheries programs and projects;

6, Empower the Local Chief Executives to deliver agriculture and fisheries programs;

7. Strengthen LGU linkages and partnerships among various partners in national government
working for agriculture development;

8, Conserve, protect and manage the agriculture and aquatic environment using sustainable
agricultural and aquaculture practices;

9. Develop and strengthen the capacities and the technical skills of farmers and fisherfolks
throughout the production, harvesting, processing, storage and transport stages in the value
chain including simple business management and profitability;

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10, Provide appropriate infrastructure and equipment for post-harvest technology;
11, Promote the easy access to financial institutions of agriculture stakeholders;

12, Monitor and assess the implementation of the agriculture and fisheries development
program and evaluate its impact to the citizenry;

Chapter 2
Definition of Terms

Section 5, Definition of Terms, For purposes of this Act, the following terms shall be
defined as follows

a. “Capacity” refers to a combination of all strengths and resources available within the
community, society or organization. Capacity may include infrastructure, institutions, human
knowledge, skills and collective attributes such as social relationships, leadership and

management. It also means capability.

b. “Climate Change” refers to a change in climate that can be identified by changes in the
mean and /or variability of its properties and that persist for an extended period typically
decades or longer, whether due to natural variability or as a result of human activity

©. “Food Safety” refers to the conditions and practices that preserve the quality of food to
prevent contamination and food-borne illnesses.

d, “Food Security" shall mean building local capacity, increasing productivity, and improving
markets and trade.

e. “Good Agricultural Practices"(GAP) is an approach which aims at applying available
knowledge to addressing environmental, economic and social sustainability dimensions for
on-farm production and post-production processes, resulting in safe and quality food and
non-food agricultural products

£, “Integrated Pest Management "(IPM) is an ecologically based approach to pest (animal and
weed) control that utilizes a multi-disciplinary knowledge of crop/pest relationships,
establishment of acceptable economic thresholds for pest populations and constant field
monitoring for potential problems, Management may include such practices as "the use of
resistant varieties; crop rotation; cultural practices; optimal use of biological control
organisms; certified seed; protective seed treatments; disease-free transplants or rootstock;
timeliness of crop cultivation; improved timing of pesticide applications; and removal or
‘plow down' of infested plant material.

g. “Land Use Planning” the process undertaken by public authorities to identify, evaluate and
decide on different options for the use of land, including consideration of long-term
economic, social and environmental objectives and the implications for different

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communities and interest groups, and the subsequent formulation and promulgation of plans
that describes the permitted or acceptable uses.

h, “Local Government Unit” refers to a province, city and municipality in the country

i, “Nutrient Management” is managing the amount, source, placement, form, and timing of
the application of nutrients and soil amendments to ensure adequate soil fertility for plant
production and to minimize the potential for environmental degradation, particularly water
quality impairment

j. “Sustainable Agriculture” means an integrated system of plant and animal production
practices having a site-specific application that will in the long term satisfy human food
needs, enhance environmental quality and natural resource base upon which the agricultural
economy depends, sustain the economic viability of farm operations, efficient use of on-farm
resources and enhance the quality of life of farmers as a whole. A whole-systems approach to
food, feed, and other plant and animal production that balances environmental soundness,
social equity, and economic viability among all sectors of the public, including international
and intergeneration of people

Chapter II
INSTITUTIONAL MECHANISM
Section 6. Role of the DA and other Government Offices.

(a) The Department of Agriculture shall continue to be responsible for the promotion of
agricultural development by providing the policy framework, public investments, and support
services including infrastructure support, research, development and extension, including
agri-business and market development services, regulation and planning.

It shall use a bottom-up self-reliant farm system approach that will emphasize social justice,
equity, productivity and sustainability in the use of agricultural resources, The DA shall adopt
the convergence framework recognizes that “one size does not fit all" that different rural
communities have different opportunities, needs and aspirations

(b) State Agencies and Instrumentalities and the Creation of the Regional Agricultural
Development Council ~ Through convergence the DA and the LGU shall maximize the
partnership in development to reduce cost in the delivery of services and maximize
knowledge on programs, funding and investment access. The Field Regional Offices of the
Department of Agriculture (DA-REU), the Regional Directors of the Department of Interior
and Local Government (DILG), Department of Agrarian Reform (DAR), Department of
ience and Technology (DOST), the National Economic Development Authority (NEDA),
Department of Public Works and Highways, Department of Tourism (DOT), Regional
Integrated Agriculture Research Centers (RIARC), The Regional Fisheries Research Centers

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(RFRC), The Regional Director of the Agricultural Training Institute (Regional Director -
ATI), The Regional Head of the Philippine Association of State Colleges and Universities
(Regional Head of PASUC), The Head of the Regional Agricultural and Fisheries Council,
the Provincial Agriculture and Fisheries Council Head, the Office of the Provincial
Agriculturists (OPA) and the Provincial Governors, all City Mayors and the Municipal
Mayors shall constitute the Regional Agricultural Development Council (RADC)

b.1, The RADC shall assist in the preparation, monitoring and evaluation of short and long-
term Local Government Unit’s development plans and investment programs

The offices of the various regional agencies of the government shall, upon request of the
local chief executives, provide such technical support as may be required in the discharge of
their functions

b.2. The Council shall be headed by the DA-Regional Executive Director. The Council shall
meet as often as necessary but not less than once a semester,

b.3, Funds necessary for the RADC operations, project monitoring and evaluation,
implementation of special projects shall be included in the General Appropriations Act of the
DA, subject to the usual auditing and accounting rules and regulations

(c) The Governors through the Office of the Provincial Agriculturist shall activate the
provincial agricultural council which shall monitor the formulation, development, and
implementation of the cities/municipalities agriculture development plans, programs and
projects within their jurisdictions.

(d) The Municipal and Component City Mayors shall activate their agriculture sectoral
council which shall formulate and implement a three year agriculture development plan with
measurable and time bounded annual goals, programs, activities and projects. The Local
Chief Executive (LCE) shall see to timeliness, transparency and accountability in the delivery
of technical know-how, goods and services to farmers and fisherfolks, The agriculture
development plan of each Local Government Units shall be submitted to the Governor
through the Provincial Development Council. An annual report containing accomplishment
and impact of the programs shall be submitted to the Provincial Development Council on or
before March 31, of the succeeding year.

(e) The Municipal and City Planning Office shall be the Secretariat of their respective
Agricultural Sectoral Council, The members of the council shall be the following - The
barangay chairmen of the agricultural barangays, the Chair of the Municipal/City Sanggunian
Bayan in charge of Agriculture and Fisheries, three (3) representative of the local farmer's
organization, the head of the local fisheries organization, an NGO in agriculture operating in
the Municipality/City, a representative of a local agricultural development cooperative, the
Local Chief Executive, the DA - Regional Executive Director or his representative.

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Section 7. Incentives and Awards. There shall be an institutionalized incentives and award
system which shall be administered by the council under such rules and regulations as may be
promulgated by the Department of Agriculture together with the Department of Interior and
Local Government to deserving LGUs for their outstanding and model performance in
promoting agriculture development and implementing effective agricultural practices

Chapter IV
AMENDATORY PROVISIONS

Section 8, Amendatory Provisions. Section 106 of Republic Act No, 7160, otherwise
known as the Local Government Code of 1991, is hereby amended to read as follows:

1, Section 17 of Republic Act No. 7160, otherwise known as the Local Government
Code of 1991, is hereby amended to read as follows:

“Section 17. Basic Services and Facilities,

(a) Local government units shall endeavor to be self-reliant and shall continue
exercising the powers and discharging the duties and functions currently
vested upon them, They shall also discharge the functions and responsibilities
of national agencies and offices devolved to them pursuant to this Code. Local
government units shall likewise exercise such other powers and discharge
such other functions and responsibilities as are necessary, appropriate, or
incidental to efficient and effective provisions of the basic services and
facilities enumerated herein.

THE LOCAL GOVERNMENTS SHOULD STRIVE TO CAPACITATE
THEIR CONSTITUENTS AND THEIR INSTITUTIONS TO BECOME
FOOD SECURE BY: TRAINING THEIR SMALL FARMERS AND
FISHERFOLKS AND THE MICRO AND SMALL BUSINESSESS IN
AGRICULTURE BE IT IN PRODUCTION, PROCESSING, TRADE AND
PROMOTION; AND MINIMIZING THEIR RISKS AND LOSSES AND
ESTABLISHING CLIMATE CHANGE ADAPTATION STR IES,
INCLUDING PEST MANAGEMI AND PROMOTING FOOD
SAFETY.”

(b) Such basic services and facilities include, but are not limited to, the
following: XXXX "

2. Section 106 of Republic Act No. 7160, otherwise known as the Local Government
Code of 1991, is hereby amended to read as follows:

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"Section 106. Local Development Councils. (a) Each local government unit
shall have a comprehensive multi-sectoral development plan to be initiated by
its development council and approved by its Sanggunian. For this purpose, the
development council at the provincial city, municipal, or Barangay level, shall
assist the corresponding Sanggunian in setting the direction of economic and
social development, and coordinating development efforts within its territorial
jurisdiction. TOWARD THIS END, AN AGRICULTURE AND FISHERIES
DEVELOPENT COUNCIL SHALL BE CONSTITUTED IN THE LOCAL
GOVERNMENT WHERE AGRICULTURE AND/OR FISHERD
SIGNIFICANT INDUSTRY OR LIVELIHOOD.

SUCH LOCAL GOVERNMENT UNIT IS REQUIRED TO DEVELOP A.
THREE (3) YEAR STRATEGIC PLAN FOR AGRICULTURE AND
FISHERIES DEVELOPMENT BASED ON THE FRAMEWORK AND.
PRINCIPLES PROVIDED BY THE DEPARTMENT OF AGRICULTURE
(DA) AND THE NATIONAL ECONOMIC DEVELOPMENT AUTHORITY
(NEDA).

THE LOCAL CHIEF EXECUTIVE SHALL CONVENE THEIR
RESPECTIVE LOCAL DEVELOPMENT COUNCILS WITHIN THIRTY
(30) DAYS FROM THEIR ASSUMPTION TO OFFICE,

THE RESPECTIVE LEAGUES OF PROVINCES, CITIES,
MUNICIPALITIES AND BARANGAYS SHALL ACTIVELY
PARTICIPATE IN THE COMPLIANCE BY THEIR RESPECTIVE LOCAL
GOVERNMENT UNITS WITH SECTIONS 107 AND 110 HEREOF”

3. Section 107 of Republic Act No, 7160, otherwise known as the Local Government
Code of 1991, hereby amended to read as follows:

“Section 107, Composition of Local Development Councils, The
composition of the local development council shall be as follows

(a) The barangay development council shall be chaired by the punong
barangay and shall be composed of the following members: (1) Members of
the Sangguniang Barangay; (2) Representatives of non-govemmental
organizations operating in the Barangay, who shall constitute not less than one
fourth (1/4) of the members of the fully organized council; (3) A
representative of the congressman.

(b) The city or municipal development council shall be headed by the mayor
AND THE VICE MAYOR AS VICE CHAIR, and shall be composed of the
following members: (1) All Punong Barangays in the city or municipality,(2)
‘The chairman of the committee on appropriations of the Sangguniang

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Panlungsod or Sangguniang bayan concemed;(3) The congressman or his
representative; and (4) Representatives of non-governmental organizations
operating in the city or municipality, as the case may be, who shall constitute
not less than one-fourth (1/4) of the members of the fully organized council

(c) The provincial development council shall be headed by the governor AND
THE VICE GOVERNOR AS VICE CHAIR, and shall be composed of the
following members: (1) All mayors of component cities and municipalities;
The chairman of the committee on appropriations of the Sangguniang,
Panlalawigan;(3)The congressman or his representative; and (4)
Representatives of nongovernmental organizations operating in the province,
who shall constitute not less than one fourth (1/4) of the members of the fully
organized council, (5) PROVINCIAL PRESIDENT OF THE VICE
MAYORS’ LEAGUE (VMLP) TO INCLUDE THE COMMITTEE ON
INFRASTRUCTURE AND PLANNING IN ALL LEVELS OF
LEGISLATURE EXCEPT THE BARANGAYS.”

4. Section 110 of Republic Act No. 7160, otherwise known as the Local Government
Code of 1991, hereby amended to read as follows:

“Section 110, Meetings and Quorum. The local development council shall
meet at least [once every six (6) months] FOUR (4) TIMES A YEAR,
PREFERABLY EVERY MARCH, JUNE, SEPTEMBER, AND DECEMBER,
EACH YEAR, or as often as may be necessary."

5. Section 287 of Republic Act No. 7160, otherwise known as the Local Government
Code of 1991, hereby amended to read as follows:

“Section 287. Local Development Projects. Each local government unit shall
appropriate in its annual budget no less than twenty percent (20%) of its
annual internal revenue allotment for development projects. PROVIDED
THAT, TEN PERCENT (10%) OF THE AMOUNT SHALL BE USED FOR
‘THE IMPLEMENTATION OF PROGRAMS, PROJECTS. ACTIVITIES
AND SERVICES FOR AGRICULTURE AND/OR FISHERIES
DEVELOPMENT, Copies of the development plans of local government units
shall be furnished the Department of Interior and Local Government.”

6, Section 443 of Republic Act No, 7160, otherwise known as the Local Government
Code of 1991, hereby amended to read as follows:

“Section 443. Officials of the Municipal Government.
(a) There shall be in each municipality a municipal mayor, a municipal vice

mayor, sangguniang bayan members, a secretary to the sangguniang bayan, a

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municipal treasurer, a municipal assessor, a municipal accountant. a municipal
budget officer, a municipal planning and development coordinator, a
municipal engineer/building official, a municipal health officer and a
municipal civil registrar

(b) In addition thereto, the mayor may appoint a municipal administrator, a
municipal legal officer, [municipal agriculturist], a municipal environment and
natural resources officer, a municipal social welfare and development officer,
a municipal architect, and a municipal information officer. PROVIDED

THAT INSOFAR AS LIVELIHOOD OF A MUNICIPALITY IS AT LEAST
FIFTY (50) PERCENT IN AGRICULTURE AND/OR FISHERIES, THE
APPOINTMENT OF A MUNICIPAL AGRICULTURIST SHALL B
MANDATORY.”

7. Section 454 of Republic Act No. 7160, otherwise known as the Local Government
Code of 1991, hereby amended to read as follows:

“Section 454. Officials of the City Government.

(a) There shall be in each city a mayor, a vice-mayor, sangguniang panlungsod
members, a secretary to the sangguniang panlungsod, a city treasurer, a city
assessor, a city accountant, a city budget officer, a city planning and
development coordinator, a city engineer, a city health officer, a city civil
registrar, a city administrator, a city legal officer, a city veterinarian AND/OR
A CITY AGRICULTURIST, a city social welfare and development officer,
and a city general services officer

(b) In addition thereto, the city mayor may appoint a city architect, a city
information officer, [A CITY AGRICULTURIST,] a city population officer, a
city environment and natural resources officer, and a city cooperatives officer
‘The appointment of a city population officer shall be optional in the city
Provided, however, That cities which have existing population offices shall
continue to maintain such offices for a period of five (5) years from the date of
the effectivity of this Code, after which said offices shall become optional.”

8, Section 482 (a) of Republic Act No, 7160, otherwise known as the Local

Government

Code of 1991, hereby amended to read as follows:

"Section 482. Qualifications, Powers and Duties, (a) No person shall be
appointed agriculturist unless he is a citizen of the Philippines, a resident of
the local government unit concerned, of good moral character, a holder of @
college degree in agriculture or any related course from a recognized college
or university, and a first grade civil service eligible or its equivalent. He must
have practiced his profession in agriculture or acquired experience in a related

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field for at least five (5) years in the case of the provincial and city
agriculturist, and three (3) years in the case of the municipal agriculturist

The position of the agriculturist shall be mandatory for the provincial
government and optional for the city and municipal governments: PROVIDED
THAT MUNICIPALITIES WHERE AGRICULTURE AND/OR FISHERIES
IS A SIGNIFICANT INDUSTRY CONSTITUTING AT LEAST FIFTY
(50%) OF LIVELIHOOD IS IN AGRICULTURE OR FISHERIES, THE
APPOINTMENT OF A MUNICIPAL AGRICULTURIST SHALL BE
MANDATOR.”

9, A new section denominated as Section 511 (a) of Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, is hereby incorporated to read as
follows

“SECTION $11-A. FAILURE TO CONVENE THE LOCAL
DEVELOPMENT COUNCIL UNDER SECTION 106A AND 106 HEREOF
WITHOUT VALID GROUNDS SHALL BE PUNISHED WITH
SUSPENSION FROM OFFICE FROM A PERIOD OF THIRTY (30) DAYS.
SUBSEQUENT VIOLATIONS SHALL BE PUNISHED WITH
SUSPENSION FROM OFFICE FOR A PERIOD OF NINETY (90) DAYS.”

Section 9, Funding, The initial funding requirements for the convening of the various LGUs
to implement this Act at the provincial, municipal and city shall be charged against the
current appropriations of the LGU, Thereafter, such sums as may be necessary to the
implementation of this Act shall be included in the yearly budget of the LGU from their
Internal Revenue Allocation

Section 10, Implementing Rules and Regulations. At the instance of the DILG, in
consultation with the DA and the Representative from the League of Provinces, League of
Cities and League of Municipalities together with a farmer and fisherfolk representative from
each LGU classification, shall promulgate the implementing rules and regulations of this Act
within ninety (90) days from the effectivity of this Act

Section 11, Non-impairment Clause. Nothing in this Act shall be construed as to diminish,
impair. or repeal the prohibited acts under existing laws, presidential decrees, executive
orders, ordinances, rules and regulations, and other issuances

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Section 12. Separability Clause. If for any reason, any section or provision of this Act shall
be declared to be unconstitutional or invalid, the other sections or provisions not affected
thereby shall remain in full force and effect.

Section 13, Repealing Clause. All laws, presidential decrees, executive orders, ordinances
rules and regulations, and other issuances or parts thereof which are inconsistent with this
Act, are hereby repealed or modified accordingly

Section 14, Effectivity, This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation in the country

Approved.

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