Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _ 2056

Introduced by HON. JUMEL ANTHONY I. ESPINO.

This legislative measure seeks to promote the development of agri-tourism because of
the following:

1. The country’s topography is suitable for agri-tourism;

2. Agri-tourism has been adapted by a number of States in America and other
developed and developing countries which has proven to provide additional
opportunities for farmers, farm owners and producers in generating additional
income;

3. It has proven that it helps increase employment opportunities in the community as
well as the revenue of their local government; and

4. It provides a venue for affordable and easily accessible family outings and
bondings.

Agri-tourism refers to a working farm, ranch, fishpond, aqua-culture, winery, man-
made forest or any agricultural operation being open for public visitation for their enjoyment,
outdoor recreation activities, education, shopping, dining or even lodging

In addition, the proposed bill gives tax credits to registered agri-tourism activities to
help offset the expenses of venturing in agri-tourism business.

In view of the foregoing benefits, the immediate approval of this measure is earnestly

sought.

HO!



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. Base

Introduced by REPRESENTATIVE JUMEL ANTHONY I. ESPINO

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 Act of
2019”

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, ranch, fishpond,
aqua-culture, winery, man-made forest or any agricultural operation that allows
members of the general public, for recreational, entertainment, or educational
purposes, to view or enjoy rural activities, including farming, ranching. fishing,
historical, cultural, harvest-your-own, or any 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
appurtenance used in the production of farm or aqua-culture products, including
the land used to display plants, animal products, or farm equipment to the public.

d. “Inherent risk of agri-tourism activity” means those dangers or conditions that are
integral part of an agri-tourism activity including certain hazards, surface and
subsurface conditions, natural conditions of land, vegetation, and waters, the
behaviour of wild or domestic animals, and ordinary dangers of structures or
equipment ordinarily used in farming and ranching operations. Inherent risk of
agri-tourism activity also include ihe potential of a participant to act in a negligent
manner that may contribute to injury to the participant others including failing to



follow instructions given by the agri-tourism professional of failing to exercise
reasonable caution while engaging in the agri-tourism activity.
e. “Participant” means any person, other than the agri-tourism professional, who
ngages in an agri-tourism activity.
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 (DA) and the
Department of Trade and Industry (DTI) may provide marketing advice, technical expertise,
promotional support and product development related to agri-tourism to assist the
Department of Tourism (DOT), convention and visitor bureaus, tourist development councils,
economic development organizations and local government units in their agri-tourism
initiatives. In carrying out this responsibility, both departnments shall focus its agri-tourism
efforts on rural and urban communities.

SECTION 4. Impact of Agri-tourism in Land Classification. —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.

Local government 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

SECTION 5. Registration of Agri-Tourism Operations. — A voluntary registration
process of agti-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 activities conducted
and the location of the agri-tourism operations.

No fee shalll be paid 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 will be valid for five (5) years.
SECTION 6. Liability of Agri-Tourism Professional.

a. Except as provided in sub-section b of this section, an agri-tourism professional is
not liable for injury to-or death of a participant resulting from the inherent risk of
agri-tourism activities, so long as the warming contained in Section 7 is posted as
required. Moreover, except as provided in sub-section 6 of this section, no
participant or participant’s representative can maintain an action against or
recover from an agri-tourism professional for injury, loss, damage or death of the
Participant resulting exclusively from any of the inherent risk of agr-tourism
activities.


b. Nothing in sub section a 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:

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

(ii) 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.

c, 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. Warning Signage at Agri-Tourism Locations. ~

a. Every agri-tourism professional must post and maintain signs that contain the
warning notice specified in sub-section b of this section. The sign must be placed
clearly at the 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 minimum of six (6) inches height. Every written
contract entered into by an agri-tourism professional for the provision of
professional services, instruction, or the rental of equipment to a participant,
whether or not the contract involves agri-tourism activities on or off location or at
the site of the agri-tourism activity, must contain in clearly readable print the
warning notice specified in szzb-section b of this section.

Also, all registered operations shall provide to the 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 wilful or wanton
conduct by any agri-tourism operators.

b. The signs and contracts described in sub-section a of this section must contain the
following notice of warning

“WARNING”

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 risk of the agri-tourism activity. Inherent risk of
agri-tourism activities includes, among others, risk 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. Youa re assuming the risk of
participating in this agri-tourism activity.”

c. Failure to. comply with the requirements concerning warning signs and notice
provided in this Section will prevent an agri-tourism professional from invoking
the privileges of immunity provided in this Act


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

The tax credit is an amount equal to 20% of the agri-tourism liability insurance not to
exceed Php 50,000.00 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 year.

This tax credit is available from the first five (5) 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 Agri-Tourism Land. ~ A person ot organization
owning, controlling or possessing an interest in agri-tourism property or an agent of such
person or organization, shall not be held liable for negligence related to such property that
results in the death or injury to or damage to a person who has engaged or is engaging in a
conduct that is unlawful under either Section 11 or Section 12 on the agri-tourism property or
trespassing by such person on the property.

SECTION 10. Posting of Signs on Agricultural Lands.

a. 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 two (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 line; or

b. Conspicuous “No Trespassing” notice is painted on fences or posts on the
property provided that the notice is:

i Painted in an international orange color and displaying the stencilled
words “No Trespassing” in letters no less than six (6) inches high and tWwo
(2) inches wide either vertically or horizontally;

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

iii, 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 sub-paragraph a and placed conspicuously at all places where entry to the
property is normally expected or known to occur.

SECTION 11. Removing of Notice on Agricultural Lands.- It is unlawful for any
person to wilfully remove, destroy, mutilate, or commit any act designed to remove, 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 misdemeanor.

SECTION 12. Separability Clause. — If any provision of this Act 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 the Official Gazette or in a newspaper of general circulation

Approved,