f # RECEIVED %
2 ye 05 DEC 2017 ©"

Republic of the Philippines:
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
‘Second Regular Session

House BILL No. 6763

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

In 2016. the Philippine Daily Inquirer reported that close to PhP 13 million
worth of crops were destroyed by rat infestation in North Cotabato.’ At least 475
hectares were attacked by rats, affecting a minimum of 400 farmers. Several rice
fields near the affected area also became victim to the vermin infestation. The
incidence is aivibuied io the drougiti due iv tie Ei Nitlo experienced in te saitie
year. In the entire country, the Department of Agriculture estimated that 181,687
farmers were affected, 38% of which are corn farmers, and 8% are high value crop
(HVC) farmers.

However, the drought of 2016 is only the tail-end of the problems Philippine
agriculture faced in recent years. In 2010, the Philippine coconut industry faced its
worst problem in decades when the coconut scale insect aspidiotus destructor
(CSI) otherwise known as cocolisap infested more than 1.2 million coconut trees in
Calabarzon. The insects thrive during dry spells and spreads rapidly. In 2014, the
number of trees affected climbed to 2,699,872?

In 2017, the Philippine Coconut Authority (PCA) reported that Basilan
province and Zamboanga City were forced to eradicate 644,000 coconut trees. It is
estimated that PhP 606 million — PhP 500 million for Basilan and PhP 106 million for
Zamboanga — would be needed to rehabilitate and replant the affected areas.
Combined with the annual typhoons, the Philippines have lost approximately 36

jst-due-to-rat-infestation-n-24-north-cotabato-villages

-cocomut-trees-to-be-flledin-baslan-rambo-due-o-pest/


million coconut trees.‘ 7 million new coconut trees need to be planted every year for

5 years just to recover from the loss

In view of the regular incidence of crop losses due to disease and infestation
in recent years, the need to make the agricultural sector resilient is very important
This is especially true in a country where the agricultural sector employs the most

number of people.
This bill seeks to consolidate the government's efforts in crop protection and

integrate the numerous government programs and support agencies into a coherent,
efficient, and highly effective force in combating threats to crop production and

agricultural sector as a whole.

In view of the foregoing, immediate passage of this bill is eamestly sought.

LUIS RAY} “Lu F. VILLAFUERTE, JR.

‘hes: //www sunstar.com ph/davao business/2017 /04/18/pca-7-m-coconut-trees-needed-be-planted-recover industry-537014


Renmblic of the
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
‘Second Reaular Session

House Bit_no_ 6763

Introduced hy HON, LUIS RAYMUND “LRAY” F. VIL

ic NI

THE DISPARATE CROP PROTECTION, "QUARANTINE AND PEST ANAGEMET
EFFORTS, ACTIVITIES, AND AGENCIES, INTO A HOLISTIC AND INTEGRATED

SERVICE TO PROMOTE THE SUSTAINABILITY AND GREATER PRODUCTIVITY
OF THE PHILIPPINE AGRICULTURE SECTOR, AND FOR OTHER PURPOSES

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 “Philippine Crop Protection
Act of 2017”

SECTION 2. Declaration of Policy. - The State shall promote sound agricultural
development and shall assist all regions of the country in gaining optimum opportunities
for better growth by way of improving agricultural productivity and sustainability in order
io coniribuie io the couniry’s food security, efforis at eradicating exireme rurai poveriy
and hunger, and in raising the standards of living of farmers. The State recognizes the
vital importance of safeguarding and protecting the crop production sector from the risks
of fast spreading plant diseases, invasive plant species, insects and other biological
pests, as well as malpractices in the use of chemicals and new technologies in
agriculture crop production; and of consolidating and integrating the disparate and
uncoordinated government programs and support agencies into a coherent, efficient,
and more effective machinery in combating threats to the sector.

SECTION 3. Definition of Terms. — For purposes of this Aci, ine foiiowing ienns and
expressions shall have the corresponding significance, to wit:


N

Active substances — substances or micro-organisms having a general or
specific effect on harmful organisms, as well as on plants or plant products;

methods and techniques in safeguarding and protecting the crop production
sector from the risks of fast spreading plant diseases, invasive plant species,
and insect and other biological pests, as well as malpractices in the use of
chemicals and new technologies in agriculture crop production.

Genetically modified organisms — organisms whose genetic material have
been altered in a way other than by combining naturally or re-combination
(insofar as it concems plant protection);

Harmful organisms — organisms harmful to plants and plant products,
including but not limited to viruses, mycoplasmas and other pathogens;

Plants — living plants, fruit (in a botanical sense) and vegetables (except for
those which are frozen), tubers, bulbs, rhizomes, tuberous bulbs, cut flowers,
branches with leaves felled trees with leaves, stem cultures and seeds;

Plant products — products of plant origin, unprocessed or having undergone

Plant (or crop) protection materials — biological or chemical (pesticides)
materials which are intended for combating of harmful organisms or reduction
of the negative impact thereof, and can affect plant life-processes (except for
piani nuitiiion) iowards jie pruieciion of piani producis, desiruciion of
undesirable plants, destruction of parts of plants, and restriction and
prevention of the growth of undesirable plants;

Plant pest — any form of plant or animal life, or any pathogenic agent,
including insects, mammals, arthropods, snails and other forms of animal life
capable of causing injury to agricultural crops, plants and/or plant products

Pesticide residues — active substances (one or more) found, as a result of the
use Of Giemtical pani proieciion maierial, in or on pianis and piani producis or
in the environment, as well as their metabolites, and products of
decomposition or chemical reactions.



SECTION 4. Scope. — This Act shall provide a framework for the consolidation and
integration of the various government structures, programs, activities and efforts in the
protection of agricultural crop production and plant bio-security, including but not limited
iv (i) reguiaiion of eniry, moverneni and quaraniine of pianis, seeds and viiter inaiui
organisms that could threaten the health and sustainability of agricultural crops and
Philippine flora; (2) research and development on crop protection materials; (3)
declaration of plant pest emergencies, prevention of spread of plant diseases, and
control of outbreaks; (4) information, education, communication and extension activities
on crop protection; and (5) coordination, organization, and description of the
responsibilities of the various stakeholders in crop protection programs of the
government

SECTION 5. Creutiun of tine Piitippine. Crop Protection Agony. -— Tie. is imieby
created the Philippine Crop Protection Agency, hereinafter referred to as PCPA, to
which shall be transferred and which shall subsume under it the powers,
responsibilities, organization and personnel, assets, and functions of the following
offices, units, and services, to wit:

1. The National Crop Protection Center, created under Presidential Decree No.
936;

2. The regional crop protection centers of the Bureau of Plant Industry, also
cieaied under F.D. $30,

3. The Plant Quarantine Service of the Bureau Plant Industry, created under
P.D. 1433; and

4. The Pesticide-related functions and units of the Fertilizer and Pesticides
Authority, created under P.D. 1144

The PCPA shall:

a) Be attached to the Department of Agriculture and shall be under the policy

Secieiaiy;

of the Depai

b) Have its principal place of business in Metro Manila and endeavor to have
satellite or branch offices in every region of the country;

Exercise aii tire general powers coniened by iaw upun ieyal persons as ate
incidental or conducive to the attainment of the objectives of this Act;

S

d) Have a board of directors upon which the powers of the Agency shall be
vested, to be composed of five (5) members including:


°

The Secretary of Agriculture, who shall act as the Chairman of the
Board;

Two (2) members fom cop produciion siakeividers iv be appuinied
by the President, to represent (1) the small hold farmers and (2)
agribusiness groups;

The Director of the Bureau of Plant Industry;

The Director of the Bureau of Agriculture Research;

A science expert in crop protection to be appointed by the President;
aud

The Director-General of the Agency who shall act as Vice-Chairman.

The PCPA Board shall approve all the policies, systems, protocols and
oryanizaiionai re-engineering of he Agency. it siraii aisu reaiiun ihe prograins
that will be implemented by the Director-General.

SECTION 6. Powers and Functions — |n order to rationalize and consolidate the crop
protection program and policies of the government, the Philippine Crop Protection
Agency shall have the following powers and functions:

1) Regulatory powers

.

To ensure that the plant protection measures and plant protection
materials do not have an adverse effect on human health, animals and
ihe environmeni;

To carry out phytosanitary control and determine phytosanitary
measures;

To determine exceptions regarding such plants, plant products and
harmful organisms as are intended for the needs of science. research
or varietal selection;

To carry out of plant protection measures to eliminate or restrict the
‘spread of harmful organisms and to reduce the negative impact thereof
To carry out supervision and control of the circulation of pesticides and
otner nazardous pian proiection chemicais;

To prevent the accumulation of pesticide residues in the products
produced, in the soil and in water above the permissible norms; and



To prohibit entry and restrict movements of plants, seeds, unprocessed
plant products, as well as pesticides and chemicals banned in other
territories that have high potential of threatening agricultural crops and
pianiis int tie County.

2) Crop Protection Surveillance

3

* To regulate the activities of natural persons or legal persons in the field of
plant protection in order to prevent the import, introduction and spread of
harmiui organisms in the territory;

* To maintain a registry of plant protection materials and ensure the
evaluation, registration and re-registration of these materials;

* To establish and maintain a registry of those persons who are involved in
the arowing of plants sibiect to phytosanitary control, as well as in the
processing, storage, packaging, trade, import, and export of plants and
plant products;

* To carry out examination of plants, provide land users (owners) with
information on the appearance and spread of harmful organisms, and also
on ie piani proiection measures io ve iaken;

* To implement disposal of plant resources and assets declare as high risk
or can threaten plants and crops in the country; and

To coordinate with counterpart offices in other countries as well as UN
food agencies with respect to crop pmtection measures, policies and
information exchanges.

Crop Protection Support systems

* To study biological and ecological factors of the organisms harmful to and
competitive with plants;

* To carry out researcn on narmtui organisms ana piant protection
measures to restrict the spread of such organisms, and carry out an
analysis of the risk of the spread of plant quarantine organisms;

* To determine procedures on the research of harmful organisms,
genetically modified organisms and plant protection materials and trials:

« Toenter into partnerships with private sector laboratories that can assist in
technical scientific studies on crop protection measures;

* To enter into partnerships with state colleges and universities, other
government agencies such as the Agriculture Training Institute (ATI) and
ine Technicai Education and Skiiis Deveiopmeni Authority (TESDA) for
capability building programs; and

* To involve provincial agriculturists as well as barangay-based farmers and
stakeholders in crop protection networks as sources of information.


4) Pest Emergency Response

* To specify and implement restrictions on the movement and trade of
plants and plant products identified to have plant pests;

* To officially aeciare the appearance ot a piant pest emergency in any
province or region, based on determination that the pest incidence will
reduce the regional production of a particular crop by at least 1% or the
provincial production of a particular crop by at least 2%;

To formulate and carry out protocols on pest emergency response:

* To recommend to the regional disaster agency and local government
units, based on the documented reports on extent of crop damage, the
declaration of state of calamity to enable the concerned agencies provide
direct assistance to the farmers and stakeholders affected by crop
infesiaiion,

* To detect the appearance of harmful organisms, to forecast development
thereof;

* To determine the plant quarantine measures for individual cases and in
specific places:

« To regulate movement of persons, conveyances and plant material in
affected areas;

* To deputize police, military and, if necessary, farmers and civil society
groups to enforce outbreak protocols in controlling pest outbreaks; and

* To impiement aisposai of atfected piant resources and assets

SECTION 7. Organization and Personne! Complement. - The PCPA shall be headed by
a Director-General with a rank of Undersecretary, who shall be the agency's Chief
Executive Officer (CEO) and who shall have the following responsibilities:

1) To carry out and implement the four major missions of the agency;

2) To formulate the relevant strategies, plans, and programs as well as

organizational development that will ensure the effectiveness of the missions of

agency;

To regularly report on the state of crop protection in the various regions of the

country for all the major crop commodities in each region;

4) To manage and administer the affairs, and operations of the Agency with
efficiency, integrity and transparency;

5) Ty eusure ihe hininy of iecimivaiiy Compeieni scieniisis and i
qualified personnel; and

6) To cause the filling of charges and prosecute violations under this Act and other
relevant laws, including but not limited to, P.D. 1433.

3)

ly Capabie,



The PCPA Board shall authorize the initial organization of the appropriate offices and
units, and personnel requirements of the Agency, subject to the appropriate Civil
Service rules and guidelines. Personnel who may be affected by the abolition of
positions siaii be eiigivie for variy reinemeni beneiis ai 1.5 times iieir basic saiary fur
every year of service in government, in addition to other benefits allowed by law,
provided that those who will avail of this program will not be eligible for re-employment

in the Agency.

SECTION 8. Funding. — For its initial year of operations, the amount of Fifty Million
Pesos (PhP 50,000,000.00) is hereby authorized to be set aside and transferred from
the current year's budget of the Office of the Secretary of the Department of Agriculture,
together with the corresponding budgets of the offices and units absorbed into the
Agemvy, Suiscqucni Gudyeiary reyuiremenis tur tie Agency's requirements sitail be
incorporated in the provisions for the Department of Agriculture in the annual General
Appropriations Act.

SECTION 9. Emergency Measure and Fund. — There shall be a standby fund in the
amount of Five Hundred Million Pesos (PhP 500,000,000.00) pesos at the Department
of Agriculture at any given time, ear marked for Crop/Pest Emergency response. This
shall be used for prevention of the spread, treatment, control, and management of
emergency situations/s and which may include the use of, mechanical, biological and
vite! avaiiabie Wieasures. in tire everi n tive year, tine
PCPA can request for augmentation from the National Disaster Relief Reduction
Management Fund provided for under the Philippine Disaster Risk Reduction
Management Act of 2010 or Republic Act 10121

tire funn iS rUi SuTfieri

SECTION 10. Authority to Call for Support in during the Crop Pest-related Emergencies.
— The PCPA is hereby designated as the overall coordinating authority in the event of
any crop or plant infestation. In officially declared pest emergency situations, the PCPA
may call for assistance and support from other government agencies to provide the

ig a0 Giter rerevarit

PIESCHbEE feguialdry, SUrvEenance, Quarantine iifonnation gai
activities to ensure the effective implementation of preventative and pest-curtailment
measures. The PCPA head shall have the authority to call for the creation of a pest
emergency response task force and may call upon key officials of the following
agencies at the region in which the appearance of plant emergency conditions is
declared, including: the DILG, PNP, DA, DENR, Regional DRRRMC, Provincial
Governors, Provincial Agriculturists, Congressional Representative of the affected
district, Mayors of the affected municipalities/cities, and crop science experts from the
country’s state universities.


SECTION 11. Penalty Clause. - Any person, company or corporation who violates the
provisions of this Act, including the remaining provisions of the P.D. 1433, or forges,
counterfeits, alters, defaces and destroys any document issued by virtue of this Act

fi be fined an anwuni oF nui more inet One Wiiiion Fess (Pi 1,000,000.00) ior
individual persons and up to Ten Million Pesos (PhP10,000,000.00) for corporations or
by imprisonment for the person (all involved managing officers in the case of a
corporation) from prison correctional to prison mayor, or both, at the discretion of the
Court.

SECTION 12. Repealing Clause. — PD. 936, together with Sections 9,18, 19, 20, 21 and
22 of P.D. 1433 and the relevant provisions of P.D. 1144 relating to the pesticides are
hereby repealed. The powers and functions of the Director of Plant Industry under P.D.
1453 ave iansicned iv tine Wenaying Direvior uf PCPA, Ail vile: iaws, excuulive
orders, rules and regulations, or parts thereof, inconsistent herewith are hereby
repealed or modified accordingly.

SECTION 13. Implementing Rules and Regulations. — Within three months from the
effectivity of this Act, the Secretary of Agriculture shall form an ad hoc Task Force to be
composed of representatives from the crop production stakeholders, and a science
expert in crop protection to formulate the Implementing Rules and Regulations within
the ensuing period of three (3) months. Two (2) representatives of the Congressional
neiies Modenizalion shalt jon tre meciings of the

Conmnission on Agriculture aid Fi

ad hoc Task Force as observers.

SECTION 14. Separability Clause. - The provisions of this Act are hereby declared to
be separable. If any provision of this Act shall be held unconstitutional, the remainder of
the Act not otherwise affected shall remain in full force and effect.

SECTION 15. Effectivity. - This Act shall take effect upon its publication in the Official
Gazette.

Approved,