Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SIXTEENTH CONGRESS

FIRST REGULAR SESSION

House Bill No._ 3121

Introduced by REP. WILFREDO S. CAMINERO.

EXPLANATORY NOTE

It is lamentable that the Philippines, more than one hundred years since
it first declared its independence, remains basically an agricultural country,
compared to its industrialized Asian neighbors, and many Filipinos residing in
the countryside and remote rural areas and islands, continue to be mired in
poverty and hopelessness, and vulnerable to hunger, exploitation and
deprivation of basic socio-economic and human rights.

Hence, the 2011-2016 Philippine Development Plan, as echoed in the
proposed 2014 national budget plan, aims to achieve the societal goals of
inclusive growth and poverty reduction in the rural areas through a
competitive and sustainable agriculture and fishery sector, increased growth,
improved food security, increased incomes, resilience to climate change,
productivity and access to credit facilities.

For indeed, more than 20 years since the Loca/ Government Code of
1991 (R.A. No. 7160) devolved the delivery of basic agricultural services to
local government units (LGUs), 15 years since the enactment of the
Agriculture and Fisheries Modernization Act (AFMA) in 1997 (R.A. No. 8435) ,
notwithstanding the passage of the Magna Carta for Small Farmers (R.A. No.
7607) and other well-meaning laws, and the hundreds of billions of pesos
already spent on agriculture and countryside development, the harsh reality
remains that many Filipinos, especially those in the countryside - farmers,
fisherfolk, and small farm owners alike - remain poor and mired in poverty
and suffering from its ill-effects.

Official 2009 poverty statistics from the National Statistics Coordination
Board show that the fisherfolk remain the poorest among the basic sectors at

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41.4 percent while farmers remain the second poorest sector at 36.7 percent. Such
is the degree of poverty in these sectors that they are deprived of their basic
human right to life much less, right to live decent lives - and leaving them
vulnerable to abuse and exploitation by the heartless, scheming and greedy.

While the national government is not wanting in good intentions and
Programs to address the problems of rural poverty and food security, even as
the LGUs struggle with meager budgetary resources to spare and allocate for
low-priority agricultural sector, yet all efforts have been admittedly short of
the desired goals. Thus there have been well-meaning legislative attempts to
remedy the situation, including reverting the responsibility and delivery of
basic agricultural services to the national government away from many ill-
equipped local government units. But then, after two (2) decades of local
autonomy and devolution, the ultimate goal of agricultural development and
inclusive growth remain elusive for the many who toil in the fields.

Hence, the urgent and imperative need to review and reform the
government's structure for the delivery of basic agricultural services, and to
adopt drastic measures to change and shift paradigm to enhance delivery of
basic agricultural services to farmers, fisherfolk and other basic sectors of
agriculture, to ensure food security and overcome rural poverty and diminish
hunger. Experience in local executive governance reveals the clear gaps and
limitations of the national government efforts which stop organizationally at
the Regional Field Offices of the DA and the limitations of LGUs in terms of
organization and resources. Hence, only a radical innovation to bridge this
structural and functional gap and weakness will enhance and enable the
government both national and local, to achieve full and effective
implementation and realization of all government’s agriculture development
and socio-economic programs.

This bill will reform and bridge the structural gap between national
government agency which, on one hand, has the technical and funding
resources for the delivery of basic agricultural services and to implement
government programs but which organizationally is limited at the Regional
Field Office level, and on the hand, and the extensive but resource-
constrained LGUs. With presence in all agricultural district offices envisioned
nationwide, this bill will ensure that national agricultural programs and
priorities will be fully carried out more effectively, if not more aggressively,
and implemented at a more realistic and effective District level - composed of
smaller and manageable geographical territories of several municipalities or a

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small island province — with one agricultural district per legislative district,
initially, pending further refinements by the Agriculture Secretary.

This radical reform measure — Creating the Agricultural District Office
/Agricultural Districts under the DA Regional Field Office, is rendered very
urgent even more, in view of the impending integration of ASEAN/Common
Market in 2015, which will allow duty-free entry of ASEAN agri-fishery goods
and products which will compete directly with local products. This market
integration would endanger the viability of local agriculture and may put at
risk the main source of economic livelihood of many farmers and fisherfolk, if
the government does not act fast enough to prepare its people.

We believe that by enhancing the delivery of basic agricultural services
and facilities through the passage of this bill, the government is taking a step
in this direction. The approval of this Bill, therefore, is respectfully and

urgently requested.
pede

District of Cebu {


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

FIRST REGULAR SESSION

House Bill No. 3124

Introduced by REP. WILFREDO S. CAMINERO

AN ACT
ENHANCING THE DELIVERY OF COMPREHENSIVE AGRICULTURE
SERVICES AND FACILITIES, CREATING THE AGRICULTURAL
DISTRICT OFFICE IN THE REGIONAL FIELD OFFICES OF THE
DEPARTMENT OF AGRICULTURE AND DECENTRALIZING THE
FUNCTIONS OF THE REGIONAL FIELD OFFICES AND ALL ATTACHED
AGENCIES OF THE DEPARTMENT OF AGRICULTURE , PROVIDING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

Section 1. Declaration of Policies. -

(a) The State shall promote comprehensive rural development
and agrarian reform and shall ensure food security by providing
assistance to the agriculture sector.

(b) The State shall ensure the productivity of the agriculture
sector, especially of the small farmers and fisherfolk by improving their
access to basic agriculture support services and facilities.


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(c) The State recognizes the rights of farmers, fisherfolk, and
farmworkers, and small landowners, as well as cooperatives, and other
independent farmers' organizations to participate in the planning,
organization, and management of agriculture programs, and shall
provide support to agriculture through appropriate technology and
research, and adequate financial, production, marketing, and other
support services.

Sec. 2. Definition of Terms. — The following terms, as used in this Act,

shall mean:

a) “Agriculture Officer’ refers to the officer at the provincial,
municipal or city level, as the case may be, who is in charged with
agriculture services for the LGU as provided in Section 482 of the LGC;

b) "Basic Agriculture Services and Facilities" refers to the services
and facilities devolved to the local government units pursuant to the
Local Government Code of 1991 and as enumerated in Subsection
17(b)(1)(i) for the barangay, Subsection 17(b)(2)(i) for the municipality,
Subsection 17(b)(3)(i) for the province, and Subsection 17(b)(4) for the
city, in so far as agriculture services are concerned;

(c) "Department' refers to the Department of Agriculture;

(d) “Internal Revenue Allotment" or IRA, refers to the share of
local government units in the national wealth pursuant to Section 284 of
the Local Government Code of 1991;

(e) "Regional Director’ or the RD refers to the chief of the
Regional Field Office of the Department; and


(f) "Regional Field Office" or the RFO, refers to the regional office
of the Department.

(g) "Secretary' refers to the Secretary of the Department of
Agriculture;

(h) “Small Farmers and Fisherfolk’ refers to natural persons
dependent on small-scale subsistence farming and fishing activities as
their primary source of income.

Sec. 3. Enhancing the Delivery of Comprehensive Agriculture Services
and Facilities by the Department of Agriculture. — Without prejudice to and in
addition to the basic agriculture services and facilities already being provided
by the local government units as mandated in Section 17 of the Loca/
Government Code of 1991, the Department of Agriculture shall provide
comprehensive agriculture services and facilities as are necessary for the
farmers, fisherfolk, and farmworkers through the Agricultural District Office
that shall be created in Section 4 of this Act. For this purpose, the RFOs and
attached bureaus and agencies of the Department shall decentralize their
operations and the delivery of basic agriculture services and facilities at the
District Level for greater efficiency and access of the local farmers, fisherfolk,
and other stakeholders by ensuring that they render regular service at the
district level at least one (1) day per work week.

Sec. 4. Agricultural District Office. - There is hereby created the
Agricultural District Office, hereinafter referred to as the ADO, for each of the
agricultural district of the province or city. The ADOs, which will be attached
to the Office of the Regional Director, shall be headed by a District
Agriculturist who shall be administratively and functionally under the


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supervision of the Regional Director (RD) of the pertinent RFO of the
Department.

In general, an agricultural district shall be the same as the legislative
district; Provided, That the LGUs comprising Metro Manila shall belong to not
more than two (2) agricultural districts; Provided further, That a city outside
Metro Manila depending on its farmer population and agricultural land area,
shall have at least two (2) agricultural districts. The Secretary, in consultation
with the RFOs, LGUs and district representatives, shall issue an administrative
order detailing the list of agricultural districts.

The ADO shall have a basic staff complement enumerated in Section 6
hereof, necessary for the implementation of its tasks. An LGU within the
agricultural district shall provide space and facilities in the municipal/city hall
or any government property in the LGU, for use of the ADO.

The ADO shall serve as the hub in the RFO for the delivery of
comprehensive agriculture services and facilities being rendered by the
Department and its bureaus and attached agencies at the district level. In
coordination with the LGUs, the ADO shall be responsible for the provision,
delivery, implementation, and monitoring of integrated and comprehensive
basic agriculture services and facilities that shall be provided by the
Department, in addition to the agriculture services being provided by the LGU;
Provided, That in the event that the basic services and facilities being
provided by the LGU are insufficient, the ADO shall directly deliver these
services to the farmers, farmworkers, and fisherfolk at the barangay level. For
this purpose, it shall have the following duties and responsibilities:

(a) Be primarily responsible for the delivery of basic agriculture


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services that the Department will provide, in addition to the basic
services being provided by the LGUs;

(b) Coordinate with the LGUs within its jurisdiction through their
Offices of the Agriculture Officer, in the identification, planning,
implementation, and monitoring of basic agriculture services and
facilities within the district;

(c) Provide technical assistance, in coordination with the LGUs
and the pertinent units of the Department of Agriculture, to the
farmers, farmworkers, and fisherfolk within his jurisdiction;

(d) Coordinate with the other units and attached agencies of the
Department at the regional level, for program coordination and
implementation;

(e) Conduct continuing consultations with the local communities,
take appropriate measures to make the services of the Department
responsive to the needs of the farmers, farmworkers, and fisherfolk,
compile and submit such information to the RFO, and recommend such
appropriate actions as may be necessary;

(f) Institutionalize farmers and fisherfolk participation in
agriculture reform policy formulation and program implementation; and

(g) Perform such other related duties and responsibilities as may
be assigned or delegated by the Secretary and/or the RD, or as may be
required by law.


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Sec. 5. District Agriculturist. - The District Agriculturist shall be
appointed by the Secretary, upon the recommendation of the Regional
Director (RD), be a Filipino citizen, a resident of one of the LGUs within his
jurisdiction, of good moral character, a holder of a college degree in
agriculture or any agriculture-related course from any recognized college or
university, and possess the eligibility pursuant to Republic Act No. 1080, as
amended. He must have practiced his profession in agriculture or must have
gained experience in a related field for at least five (5) years.

He shall report to the RD, through the Assistant Regional Director for
Operations. He shall be accountable for the efficient and effective conduct of
the duties and responsibilities of the ADO. Within his defined powers, he shall
exercise functional and administrative supervision over district operations
including the authority to recommend that field resources and personnel be
committed to integrated district-wide development thrusts. He shall also
perform such other related duties and responsibilities as may be assigned or
delegated by the Secretary, the RD, or as may be required by law.

Sec. 6. Basic Staff Complement of the ADO. - For its effective operation,
the ADO shall have a basic staff complement composed of a municipal
agriculture coordinator for every five (5) municipal LGUs in the agricultural
district, an administrative staff, a supply officer, and a driver/mechanic. The
functions and responsibilities of these positions shall be detailed in an
administrative order to be issued by the Secretary.

The staff complement of the ADO shall receive basic monthly salary
based on the compensation prescribed under the Salary Standardization Law,
as amended, in addition to other benefits prescribed by law.


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Sec. 7. Counterpart Funds From The Local Government Units. - The
local government units shall provide counterpart financing for the basic
services and facilities that shall be provided pursuant to this Act, from out of
the budget of their local development plans. In order to provide for such
counterpart financing, Section 287 of the Local Government Code of 1991 is
hereby amended to read as follows:

SEC. 287. Local Development Projects. - Each local
government unit shall appropriate in its annual budget no less than
THIRTY PERCENT (30%) [twenty percent (20%)] of its annual
internal revenue allotment for development projects; PROVIDED,
THAT THE CORRESPONDING ADDITIONAL TEN PERCENT (10%)
SHALL BE ALLOCATED FOR AGRICULTURE SERVICES AND
FACILITIES. Copies of the development plans of local government
units shall be furnished the DepartmentS of Interior and Local
Government, AND OF AGRICULTURE. THE SECRETARY TO THE
LOCAL DEVELOPMENT COUNCIL SHALL CAUSE THE POSTING OF
THE LOCAL DEVELOPMENT PLAN IN THE BULLETIN BOARD IN AT
LEAST TWO (2) CONSPICUOUS PLACES IN THE
BARANGAY/MUNICIPAL/CITY/PROVINCIAL HALL.

Sec. 8. Transitory Provisions. - Upon the effectivity of this Act, the
Secretary, upon the recommendation of the RD, shall immediately designate
from among the present staff complement of the RFO, the personnel who
would act as district agriculturists and their basic support staff until such time
as permanent district agriculturists and their staff, shall have been appointed.
The Secretary shall likewise, direct the RFOs and attached bureaus and
agencies, to immediately decentralize their operations and the delivery of
basic agriculture services and facilities at the District Level.


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The LGUs and other government institutions shall provide temporary
Office space and facilities for the use of the ADO.

Sec. 9. Implementing Rules and Regulations. - The Department, in
coordination with different Leagues of LGUs, the Department of Interior and
Local Government, and other concerned agencies, shall issue the rules and
regulations within 90 days from the effectivity of this Act.

Sec. 10. Appropriations. - Upon its effectivity, the appropriations for the
effective implementation of this Act shall be charged against the current
appropriations of the Department. The amounts necessary to carry out the
provisions of this Act for succeeding years are hereby authorized to be
appropriated in the General Appropriations Act of the year following its
enactment into law.

Sec. 11. Repealing Clause. - All laws, presidential decrees, executive
orders, and rules and regulations, or parts thereof, inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Sec. 12. Separability Clause. — If, for any reason, any section or
provision of this Act is held unconstitutional or invalid, the other sections or
provisions hereof shall not be affected thereby.

Sec. 13. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in least two (2)

newspapers of general circulation.

Approved,