| ogi UF REFEESCATATIVES:
RECEIVED

Republic of the Philippine:
HOUSE OF REPRESENTATIpES 24726 JUL 2016

Quezon City Tnte:__LOF
ey:
ENTI ‘TH (17°) CONGRESS
First Regular Session PrSEAaTOY UAT

BULS ANT Ary

194

HOUSE BILL NO.

Introduced by REPRESENTATIVE AMADO T. ESPINO, JR.

AN ACT
TO PROMOTE AGRI-TOURISM IN THE PHILIPPINES AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

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, winery or any agricultural operation being
open for public visitation for their enjoyment, outdoor recreation activities, education, shopping,
dining, or even lodging.

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

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

sought.

S™District, Pdokasinan


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

rH (17°) CONGRESS,
st Regular Session
1940

HOUSE BILL NO.

Introduced by REP. AMADO T. ESPINO, JR.

AN ACT

TO PROMOTE AGRI-TOURISM IN THE PHILIPPINES AND OR OTHER

PURPOSES

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

Congress assembled:

Section1. Short Title. - This Act shall be known as the “Agri-Tourism Endorsement

- (ATE) of 2016.”

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 or ranch or in a forest that allows members of the
general public, for recreational, entertainment, or educational
purposes, to view or enjoy rural activities, including farming,
ranching, historical, culture, harvest-your own, or 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 aquaculture products,
including land used to display plants, animals farm products, or farm equipment
to the public

(a) “Inherent risk of agri-tourism activity” means those dangers or
conditions that are an integral part of an agri-tourism activity including certain
hazards, including surface and subsurface conditions, natural conditions of land,
vegetation, and waters, the behavior 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 the 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 engages in an agri-tourism activity,

( “Person” means any individual, fiduciary, firm association,
® juridical person, until 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 governments in their agri-tourism initiatives. In carrying
out this responsibility, both departments shall focus its agri-tourism efforts on rural and urban
communities.

Section 4. /mpact of agri-tourism in land classification. ~ (1) 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.

(2) 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
agri-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.


There is NO fee 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 is valid for five (5) years.
Section 6, Liability of Agri-tourism Professional.~

(1) Except as provided in sub-section (2) 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 warning contained in Section 7 is posted as required. Moreover, except
as provided in sub-section (2) of this section, no participant or participant’ representative can
maintain an action against or recover from an agro-tourism professional for injury, lose, damage,
or death of the participant resulting exclusively from any of the inherent risk of agri-tourism
activities

(2) Nothing in sub-section (1) 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.

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

(b) 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.

(3) _ 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.

(1) Every agri-tourism professional must post and maintain signs that contain the warning
notice specified in sub-section (2) 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 contact entered into by an agri-tourism professional for the
providing of professional services, instruction, or the rental of equipment to a participant,
whether or not the contract involves agri-tourism activities on or off the location or at the site of
the agri-tourism activity, must contain in clearly readable print the warning notice specified in
sub-section (2) of this section.


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

(2) The signs contacts described in sub-section (1) 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. You are assuming the risk of
participating in this agri-tourism activity.”

(3) Failure to comply with the requirements concerning warning signs and notice
provided in this sub-section will prevent an agri-tourism professional from invoking the
privileges of immunity provided in this Act,

Section 8. Zax 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 P50,000.00 in any tax year.

If the tax credit exceeds the total amount of income taxes owned for that year, the
different can be rolled over to the next year.

This tax credit is available from the first five tax years commencing after they open their
agri-tourism

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 agricultural land. — A person or organization
owning, controlling or possessing an interest in agriculture real 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 conduct on the
property that is unlawful under either Section 1/ or Section 12 or unlawful trespassing by such
person incident to such conduct on the property.

Section 10. Posting of Signs on Agriculture Lands


(1) 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 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

(2) Conspicuous no trespassing notice is painted on trees or post on the property,
provided that the notice is

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

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

(©) Placed at locations that are readily visible to any person
approaching the property and no more than 500 feet apart on agriculture 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 subparagraph 1 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
willfully remove, destroy, mutilate, or commit any act designed to removed, mutilate, or reduce
the legibility or effectiveness of any posted notice placed by the owner, tenant, lessee, or
occupant of legally enclosed or 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 a misdemeanor

Section 12. Separability Clause. - If any provision 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. Hffectivity Clause. — This Act shall take effect fifteen (1%) days afer its

publication in at least two (2) newspapers of general circulation

Approved,