Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session
3730

HOUSE BILL NO.

INTRODUCED BY ANAKPAWIS PARTY-LIST REPRESENTATIVE
RAFAEL V. MARIANO

EXPLANATORY NOTE

To promote the quality of living of every Filipino through the provision of
adequate social services including, but not limited to, the provision of adequate
irrigation projects facilities to increase agricultural production, the legislature of
the Republic of the Philippines in 1992 enacted Republic Act No. 6978 otherwise
known as “An Act to Promote Rural Development by Providing for an Accelerated
Program within a Ten-Year Period for the Construction of Irrigation Projects”.

However, in 2009, the National Irrigation Administration (NIA) informed the
legislature, in a Congressional committee hearing, that in estimated potential
irrigable area of 3.126 million hectares nationwide, there are 1.507 million hectares
that still remain to be provided with irrigation facilities. The National Irrigation
Administration (NIA) also declared in that hearing that as of December 31, 2008,
the status of irrigation development are as follows:

Region Estimated Total Irrigable Area_| Remaining Potential Arca to be
—_ Developed
CAR 99,650 18,210
1 277,180 | 97,348
2 472,640 270,201
3 498,860 200,403
4 246,960 22,737
5 239,660 119,688,
6 197,250 119,272
7 50,740 17,640
8 84,380 E 31,223
9 76,080 39,237
10 120,700 56,378
IL 149,610 74,865 |
12 293;610 mal 193,522
[ARMM 156,720 134,008
CARAGA 162,300 11,341
TOTAL 3,126,340 1,506,073



From the aforesaid data, it can be seen that the government failed to meet
the objectives set by law either because the funds provided by law was not devoted
to priority projects as the funds have become vulnerable to irregularity or
corruption rather than construction of new irrigation systems, among others, since
up to now there is considerable number of hectares of land that needs to be
irrigated.

‘The non-irrigation of lands or shortage of irrigation systems in the country
needs to be immediately addressed because they affect the productivity of lands
which in turn affects the livelihood and welfare of farmers and their families in the
countryside.

This bill seeks to address the urgent need to increase and develop
production and empower farmers and their associations to maximize their full
potentials in the comprehensive development of Philippine agriculture. This bill will
strengthen farmer-participation in the identification, planning, construction,
management and administration of irrigation facilities in the countryside in order
to best serve the interests of farmers and the people. The farmers and their
associations’ involvement will also ensure utmost transparency and accountability
among the implementing agencies concerned to deter irregularities that often
surround agriculture-related infrastructure development projects of the
government.

In view of the foregoing, the passage of this bill is earnestly requested.

‘AEL V. MARIANO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.__ 3730

INTRODUCED BY ANAKPAWIS PARTY-LIST REPRESENTATIVE
RAFAEL V. MARIANO

AN ACT
TO PROMOTE RURAL DEVELOPMENT BY PROVIDING FOR A SIX-YEAR
ACCELERATED IRRIGATION PROGRAM FOR THE CONSTRUCTION AND
REHABILITATION OF IRRIGATION PROJECTS, AND FOR OTHER PURPOSES

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

SECTION 1. Title - This Act shall be known as the “Accelerated Irrigation Act
of 2010.”

SECTION 2. Declaration of Policy - It is hereby declared the national policy to
promote comprehensive rural development through increased agricultural production
and the adoption of necessary and sound measures to accelerate the attainment of
self-sufficiency in food, equitable access to opportunities and sustained productivity as
key strategies to raise the quality of rural life and national development.

In pursuit of the goals of genuine rural development, the State shall promote a
viable rural agricultural economy by raising farm productivity at competitive and
market sufficiency levels through provision of irrigation and related infrastructure
support facilities.

SECTION 3. National Irrigation Administration - The National Irrigation
Administration (NIA) shall undertake a six-year accelerated irrigation program for the
construction of irrigation projects in the remaining unproductive, unirrigated but
potentially irrigable lands nationwide pursuant to the actual size and extent to be
determined and established in a full inventory of existing or remaining potential arcas
for irrigation, in parallel assessment of existing irrigation systems, and the
identification including listing of potential irrigation projects to be submitted by the
National Irrigation Administration (NIA) within six (6) months after the effectivity of
this Act.

‘The National Irrigation Administration (NIA) shall conduct consultations with
stakeholders such as farmers’ associations/organizations, Local Planning and
Development Councils, irrigators’ associations, farmers’ cooperatives, agrarian reform
beneficiaries, affected members of indigenous cultural communities, and related


government agencies in the identification of priority areas, and shall thereafter prepare
a comprehensive six (6)-year work program with annual targets for the irrigation
development of new irrigable areas needed or with high potential to attain immediate
self-sufficiency in rice and other agricultural crops.

The National Irrigation Administration (NIA) shall ensure that all irrigation
programs and projects to be undertaken herein shall be completed and made fully
operational or implementable within the six (6)-year special irrigation program, with
provision for sustainability of operation and maintenance of said systems after the
program completion.

‘The National Irrigation Administration (NIA) shall also continue to organize,
develop and strengthen farmer-beneficiaries under this Act into self-sustaining
irrigators’ associations or farmer cooperatives.

SECTION 4, Accelerated Irrigation Development ~ The National Irrigation
Administration (NIA) shall observe the following priorities and guidelines in the
identification, planning, construction, and management of irrigation projects in
coordination with farmers’ associations/organizations, concerned government
agencies, local government units (LGUs), irrigators’ associations, and other
stakeholders:
a. Priority shall be given to the following:
1, Farmers’ associations /organizations;
. Farmer Irrigators’ associations;

Beneficiaries of agrarian reform program;

ye

Farmers’ cooperatives;

Provinces with low irrigation development and/or low productivity yield

a

Islands and upland areas that are potentially and practically irrigable:
Provided, That these are feasible for construction of irrigation. facilities;

7. Members of the indigenous cultural communities;

b. Priority irrigation projects shall be small and medium in which construction
works shall immediately commence after the technical assessment and
feasibility requirements on said projects have been completed and approved
not later than six (6) months after the effectivity of this Act, without
prejudice however to the recommendation of the construction of large scale
irrigation projects: Provided, That to the extent feasible and practicable,
priority shall be given to the construction of communal irrigation projects:
Provided further, That such necessary national irrigation structures shall be
completed and made fully operational within three (3) years upon
commencement of the proposed accelerated irrigation program.

‘


The type of project and development scheme shall be determined based
on technical feasibility studies to be conducted by National Irrigation
Administration (NIA).

c. The provincial offices of the National Irrigation Administration (NIA) shall be
responsible for the preparation of feasibility studies and design of communal
irrigation projects at its own cost.

d. The management and administration of small-scale irrigation projects shall
be turned over to the farmer-beneficiaries thru their farmers’
associations/organizations, irrigators’ associations or farmers’ cooperatives
upon project completion.

‘The National Irrigation Administration (NIA) shall ensure continuing
technical and budgetary support to farmers’ associations /organizations,
irrigators’ associations or farmers’ cooperatives after the turn-over of each
irrigation system.

¢. Medium and large-scale irrigation projects shall be jointly managed by the
concerned provincial office of the National Irrigation Administration (NIA),
the irrigators’ association, and the concerned local government units (LGUs),
to the extent practicable, upon project completion.

f. At least eighty percent (80%) of the funds appropriated under this Act shall
be used for the construction of new irrigation projects in partnership with
the local government units (LGUs) and at least twenty percent (20%) shall be
earmarked for emergency repair works of existing irrigation systems
managed and administered by farmers’ associations/organizations,
irrigators’ associations or farmers’ cooperatives upon project completion

SECTION 5. Regulating the irrigation fees ~ Notwithstanding the provisions
of Republic Act 8435 (Agriculture and Fisheries Modernization Act (AFMA) of 1997), the
payment of fees for the use of irrigation systems maintained or operated by farmers’
associations /organizations, irrigators’ associations and local government units (LGUs)
shall be regulated by the National Irrigation Administration (NIA). No schedule of
payment rates or any increase thereof imposed by any local government unit shall
take effect unless it is submitted for approval by the National Irrigation Administration
(NIA) through a resolution of the local government council: Provided, That such a
resolution shall not be issued without consultation with farmers or their farmers’
associations and production cooperatives.

Within three (3) months after the effectivity of this Act, National Irrigation
Administration (NIA) shall issue the guidelines and mechanism for regulating the
payment of fees for the use of irrigation systems maintained or operated by private
irrigators’ associations and local government units (LGUs).

SECTION 6. Funding - The amount of One Hundred Twenty Billion Pesos
(P120,000,000,000.00) shall be appropriated to implement this Act: Provided, That the
amount of at least Two Billion Pesos (P2,000,000,000.00) shall be released not later
than the first (1*) quarter of every year to finance the current yeay’s project.


‘The budgetary requirements for the regular operation, maintenance and
rehabilitation of the irrigation and related infrastructure support facilities after the six
(6)-year Accelerated Irrigated Program shall be integrated into the regular annual
programs and budget of the National Irrigation Administration (NIA) and other
implementing agencies.

SECTION 7. Complementary Irrigation Component Projects ~ Whenever
practicable, in close coordination with the Department of Public Works and Highways
(DPWH), Department of Environment and Natural resources (DENR), local government
units (LGUs), irrigators’ associations, and other appropriate agencies, projects
qualified under this Act shall include other irrigation-related components such as, but
not limited to, the following complementary development purposes:

Watershed management and reforestation;

Climate change vulnerability /flood prevention /erosion control;
Fish culture; and

Power generation;

peo

SECTION 8, Congressional Oversight Committee - A Joint Congressional
Oversight Committee to oversee the implementation of this Act shall be constituted
immediately upon the effectivity of this Act. The Committee shall be composed of the
Chairman of the Senate Committee on Social Justice, Welfare and Rural Development
and five (5) members thereof appointed by the Senate President; and the Chairman of
House Committee on Rural Development, and five (5) members thereof to be appointed
by the Speaker of the House of Representatives.

‘The Congressional Oversight Committee, on the third (3) year upon the
effectivity of this Act, shall conduct a comprehensive review and assessment of the
implementation of this Act. The Congressional Oversight Committee shall also make
the necessary recommendations relative to the implementation of this Act.

SECTION 9. Report to Congress - The National Irrigation Administration
(NIA), through the Congressional Oversight Committee, shall submit annual report to
Congress on the implementation of this Act.

SECTION 10. Implementing Rules and Regulations ~ Upon consultation with
stakeholders, the Secretary of the Department of Agriculture (DA) shall promulgate the
Implementing Rules and Regulations of this Act within sixty (60) days after its
effectivity.

The Secretary of Department of Agriculture shall submit to the Senate
Committee on Social Justice, Welfare and Rural Development and the House
Committee on Rural Development copies of the Implementing Rules and Regulations
within thirty (30) days after their promulgation.

SECTION 11. Separability Clause - If for any reason, any section or provision
of this Act is declared null and void, ‘no other section, provision, or part thereof shall
be affected and the same shall remain in full force and effect.

‘


SECTION 12. Repealing Clause ~ All laws, executive orders and issuances, or
any part thereof, which are inconsistent herewith are hereby repealed or amended
accordingly.

SECTION 13. 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.