Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

16" Congress
First Regular Session

House Bill No. 465

Introduced by
HON. AGAPITO H. GUANLAO

EXPLANATORY NOTE

In the year 2002, agriculture accounted for 19% of the Philippines Gross National
Product (GNP) and 36.5% of employment. Filipino farmers, who are the key players in
this important industry, obtain government assistance and support mainly through
agricultural development workers.

Agriculturists, veterinarian, agricultural engineers, aquaculturists, extension workers,
nutritionists, agricultural technologists and other agricultural technicians maintain the
government's linkages to farmers all over the country in pursuing the modernization of
Philippine agriculture.

The delivery of services to farmers had been left considerably weakened and
fragmented by the devolution of certain government function to the local level and the
ensuing coordination problems between the department of Agriculture and Local
Government Units (LGUs).

Confronted with financial constraints, LGUs often dispensed with the hiring of
agriculturists at the city and municipal levels because these positions are optional in the
Local Government Code of 1991. This bill seeks to make these positions mandatory in
the city and municipal levels, as well as the creation of the positions of agricultural
engineer and fisheries and aquacultural officer in the provincial, city and municipal
governments.

This bill seeks to affirm the rights of agricultural workers with provisions for their career
development as a way of acknowledging their important role in agricultural
modernization. This piece of legislation was filed during the 15" Congress as House Bill
1771. With the situation unchanged, the enactment of this measure is ardently sought
for.

HON. Ai ITO HASUANLAO,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" Congress
First Regular Session

House Bill No.

Introduced by
HON. AGAPITO H. GUANLAO

AN ACT PROVIDING FOR A WHOLISTIC PROGRAM FOR AGRICULTURAL
DEVELOPMENT WORKERS AND FOR OTHER PURPOSES

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

ARTICLE!
TITLE OF THE ACT AND DEFINITION OF TERMS

SECTION 1. Short Title— This Act shall be known as the “Magna Carta
of Agricultural Development Workers’.

SECTION 2. Declaration Policy.— \t is hereby declared a policy of the
State to accelerate the development and modernization of Philippine agriculture and
improve the economic and social well-being of agricultural development workers as well
as their working conditions and employment status. The State shall likewise develop
their skills, knowledge, orientation and capabilities so that they will become more
responsive and effective in providing the necessary services for countryside
development.

SECTION 3. Definition of Terms

a) Agricultural Development Workers — shall mean all persons who are
engage in agricultural development activities and all persons employed in the
Department of Agriculture including its bureaus and attached agencies, Local
Government Units (LGUs) and concerned government and private institutions
and shall include aquaculturists, veterinarians, agricultural engineers,
nutritionists, agricultural extension workers, agricultural technicians and
operators, allied agricultural professionals, administrative and support
personnel employed regardless of their employment status.

b)

Agriculturist - shall refer to a person who is graduate of a four year course
in agriculture or any related course performing any of the specialized activities
such as agronomy, horticulture, animal husbandry, entomology, plant
pathology, plant breeding, agricultural economics, agricultural extension and
marketing.


¢) Veterinarian — shall refer to a person registered with the Professional
Regulation commission performing professional activities on veterinary
services such as disease prevention control, animal health care, etc.

d)

Agricultural Engineer — shall refer to a person registered with the
Professional Regulation Commission performing engineering activities in
agriculture, particularly on areas of farm power and machinery, irrigation and
drainage, soil and water conservation, agricultural buildings and
infrastructure, agricultural processing and post harvest facilities.

e)

Aquaculturist — shall refer to a person who is graduate of a four year
course in fisheries and performing activities on fisheries and aquaculture and
fishery production and processing,

f) Nutritionist — shall refer to a person registered with the Professional
Regulation Commission performing activities related to dietary and proper
nutrition

Agricultural Technician — shall refer to a trained or skilled agricultural
worker but not necessarily a college graduate, performing activities such as
plant nursery propagator, plant breeder, farm mechanic, etc.

g

h)

Agricultural Extension Worker — shall refer to an agriculturist, veterinarian,
agricultural engineering, aquaculturist, nutritionist who helps farmers and
fishermen in the promotion of agricultural end fisheries development plans,
programs and projects through the use of extension methodologies, concepts
and principles.

i) CSC refers to the Civil Service Commission

j) DOLE —refers to the Department of Labour and Employment.

k) NLRC - refers to the National Labor Relations Commission.

|) DA-—refers to the Department of Agriculture.

m) LGU — refers to the Local Government Unit

ARTICLE Il
AGRICULTURE SERVICE CAREER DEVELOPMENT

SECTION 4. Professionalization of Agricultural Services - The State shall
support the development and professionalization of agricultural services by providing
the necessary compensation and benefits to various agricultural development workers
based on their duties, responsibilities and qualifications.

For this purpose, the Civil Service Commission in coordination with the

Department of Budget and Management, Department of Agriculture, Department of
Interior and Local Government and the recognized national associations of agricultural


development workers shall review the existing functions, responsibilities, position titles
and qualifications of the agricultural development workers employed at the Department
of Agriculture, Local Government Units and concerned government agencies and match
them with appropriate position titles and compensation: Provided, that the following
benchmark position titles of agricultural development workers with corresponding salary
grades shall be used

Position Salary Grade
Agricultural Technician | 10
Agriculturist | 12
Aquaculturist | 12
Nutritionist | 12
Veterinarian | 13
Agricultural Engineer | 13
Agricultural Technologist 15
City Agricultural Engineer 24
City Veterinarian 24
City Agriculturist 24
City Fishery Officer 24
Municipal Agriculturist 24
Municipal Veterinarian 24
MunicipalAgricultural Engineer 24
Municipal Fishery Officer 24
Provincial Agricultural Engineer 26
Provincial Agriculturist 26
Provincial Veterinarian 26
Provincial Fishery Officer 26
SECTION 5. Mandatory Positions of Agricultural Development Workers in

the Local Government Units — The Creation of the following position is hereby made
mandatory in addition to the prescribe position under the Local Government Code of
1991

Provincial Agricultural Engineer

Provincial Fisheries and Agricultural Officer
City Agricutturist

City Agricultural Engineer

City Veterinarian

City Fisheries and Aquacultural Officer
Municipal Agricutturist

Municipal Agricultural Engineer

Municipal Veterinarian

Municipal Fisheries and Aquacultural Officer

Provided, That in the case of fourth (4’h) class LGUs, financial subsidy shall be
provided by the national government for the personnel services needed in the hiring of
the above mentioned mandatory position: Provided, further, That the funding
requirements shall be incorporated in the annual appropriations of the Department of
Agriculture.


SECTION 6. Recruitment and Qualifications — The selection and
appointment of agricultural development workers shalll be in accordance with the merit
and fitness principle: Provided, That he/she has the appropriate civil service eligibilities
and/or professional license, educational qualification, skills and experiences.

SECTION 7. Performance Evaluation and Promotion - The Secretary of
Agriculture upon consultation with the Civil Service Commission and the recognized
national associations of agricultural development workers shall prepare a uniform career
and personnel development plan applicable to all agricultural development workers.

Such career and personnel development plan shall include provisions on merit
promotion, performance evaluation, in-service training grants, job rotation and
incentives awards system.

SECTION 8. Transfer or Geographical Reassignment of Agricultural
Officers and Employees — No transfer or geographical reassignment shall be made or
effected without a written notice to the agricultural development worker concerned
stating therein the reason for such: Provided, That said written notice shall be made
thirty (30) days prior to the date of transfer or reassignment: Provided, further, That if
the employee concerned disagrees with the order of transfer or reassignment, he/she
may appeal said order with the Civil Service Commission or the Department of Labor
and Employment, as the case may be: Provided, further, That pending appeal, such
transfer or reassignment shall be held in abeyance: Provided, furthermore, That no
transfer or reassignment whatsoever shall be made three (3) months prior to any local
or national elections: Provided, finally, That the necessary expenses of the transfer and
Jor reassignment of the agricultural worker or employee and his/her immediate family
shall be paid by the Government.

SECTION 9. Security of Tenure — An agricultural worker holding a
permanent position shall not be terminated except for the cause: Provided, That in the
event the agricultural development worker is found to be unjustly dismissed by the Civil
Service Commission, he/she shall be entitled to reinstatement without loss of seniority
rights and backwages.

However, if the agricultural worker does not desire to be reinstated, he/she shall
be entitled to backwages and separation pay.

SECTION 10. Discrimination Prohibited — An agricultural worker shall not
be discriminated by reason of creed, sect, political belief, civil status, and ethnic
grouping in the exercise of his/her profession.

SECTION 11. No Understaffing and/or Overloading of agricultural Workers
~ There shall be no understaffing and/or overloading of agricultural workers. The ratio of
staff to clientele shall be such as to reasonably effect a sustained quality of agricultural
services at all times without overworking the agricultural development workers and
overextending their services.

Only qualified professional and eligible agricultural workers shall occupy the
agriculturist and other agriculture-related positions in all government agricultural
agencies and institutions and or government-owned and controlled corporations


Provided, That the government shall allocate the necessary funds for the hiring of
additional agricultural development workers in case of overloading of personnel in
specific areas of assignment.

SECTION 12. Code of Conduct — All agricultural workers must be guided
by a code of ethics not contrary to law, morals, safety, health, public policy and public
order.

The code of conduct of agricultural development workers shall be prepared by
the Secretary of Agriculture in consultation with the recognized national associations of
agricultural development workers.

SECTION 13. ‘Normal Hours of Work — The normal hours of an agricultural
development worker shall not exceed eight (8) hours a day or forty (40) hours a week
Hours of work shall include:

a) The time the agricultural workers is required to be on active duty or to be at a
prescribe workplace;

b) The time which an agricultural worker is permitted to work;

c) The time which an agricultural worker is required to work in a place other than
the prescribed workplace.

SECTION 14. Overtime Work — Where the exigencies or the service so
require, any agricultural development worker, whether in Government or non-
government service, may be required to render service beyond the normal eight (8)
hours a day, inclusive of Saturday and Sunday and non-working holidays. In such
cases, the agricultural development worker shall be given additional compensation in
accordance with existing laws on the matter.

SECTION 15. Training and Scholarship Program - The Department of
Agriculture through its scholarship committee and the Agricultural Training Institute shall
undertake training and scholarship programs for the agricultural development workers,
which shall be given adequate budgetary support by the Government.

SECTION 16. Married Agricultural Worker — Whenever possible, the proper
authorities shall take steps to enable married couples both of whom are public
agricultural development workers, to be employed or assigned in the same municipality,

ARTICLE III
INCENTIVES AND REWARDS SYSTEM

SECTION 17. Criteria for Incentives and Reward System - The reward and
incentive system for agricultural development workers provided under this Act, which
will encourage them to stay in the service, promote their productivity and reward them
for extraordinary performance shalll be governed by the following criteria:


a) Honorarium — form of remuneration for services rendered beyond the
established workload of agricultural development workers whose broad and
superior knowledge and expertise contribute to agricultural productivity and
innovativeness;

b) Incentive pay — form of remuneration given to individuals whose services in
management, administration, policy making and support contribute to the
efficient and effective implementation of the agricultural and fisheries program
of the government;

¢) Performance Bonus — form of remuneration given to agricultural development
workers for performance that exceeds established targets; and

d) Other incentives that the Department of Agricultural and Local Government
may establish

SECTION 18. Other Compensation and Benefits — All agricultural

development workers shall be entitled to the following additional compensation
and benefits;

a) Representation Allowance and Traveling Allowance - All
Provincial/City/ Municipal Agriculturist, Veterinarians, Agricultural
Engineers and Fisheries Officer shall be entitled to Representation
Allowance and Travelling Allowance (RATA) equivalent to the
Department Head of the Local Government Units.

b)

Hazard Allowance — All agriculture development workers assigned in
difficult areas, strife-tom or embattled areas, distressed or isolated
stations, animaliplantfisheries breeding station, plant nurseries,
plantation and demonstration farms, laboratories especially those
handling x-rays, radio-isotopes, chemicals, etc., sea-borne patrols,
construction and installation of agricultural infrastructure projects, and
other areas declared under a state of calamity or emergency which
expose them to great danger and occupational risk shall be
compensated with hazard allowance equivalent to at least twenty per
centurn (20%) of the monthly basic salary.

©)

Subsistence Allowance — All agricultural development workers who are
required to render services in the communities, institutions, animal and
plant breeding nurseries, plantations and demonstration farms and
other barrier programs and projects of the Department of Agriculture in
order to make their services available at all times, shall be entitled to
full daily subsistence allowance of three (3) meals, which shall be
computed in accordance with prevailing circumstances.

d)

Longevity pay — A longevity pay equivalent to five per centum (5%) of
the monthly basic pay shalll be paid to an agricultural worker for every
(3) years of continuous, efficient and meritorious services renders.


e) Clothing Allowance — All agricultural development workers shall be
entitled to a clothing allowance in accordance with the approved laws
and regulations or as mandated by law.

f) Housing - Alll agricultural workers who are in tour of duty and those
who, because of unavoidable circumstances, are forced to stay in the
institution or community with living quarters shall be entitled to such
quarter for free: Provided, That if such living quarters are not available,
the workers shall receive housing allowances: Provided, further, That
said allowance shall be reviewed periodically and adjusted for inflation.

g) Compensation for Inquiries — Agricultural development workers shall
be protected against work-related injuries in accordance with the Labor
Code or the Civil Code as the case may be.

hy

On-Call Pay — In cases of “On-Call” status, the agricultural
development worker shall be entitled to an “On-Call” pay equivalent to
fifty per centum (50%) of his/her regular wage. “On-Call” status refers
to a condition when an agricultural officer or employee is called upon to
respond to an urgent or immediate need or relief work during
emergencies such that the agricultural worker cannot utilize his/her
time for personal needs: Provided, That no agricultural worker shall be
placed in an “On-Call” status beyond seven (7) days.

i) Motor and Vehicle Loan — All agricultural development workers shall be
entitled to avail of the motor vehicle loan of the Department of
Agriculture. The Government shall provide adequate budgetary
support for this purpose.

ARTICLE IV
MISCELLANEOUS PROVISIONS

SECTION 19. Human Resource Development — The Government and non-
government agencies shall conduct human resources development and management
studies in the following areas

a)

b)

°)

qd)

e)

‘Adequate facilities and resources to render quality agricultural service to the
clientele;

Opportunity for the agricultural development workers to grow and develop
their potentials and develop a sense of self-worth and dignity in their work;

Mechanisms for democratic consultation;

Ways and means of giving rank-and-file agricultural development workers
viable opportunities for education, personal growth and development; and

Staffing pattems and standards of welfare for agricultural development
workers welfare to ensure that they receive quality care


SECTION 20. Implementing Rules and Regulations (IRR) ~ The Secretary
of the Department of Agriculture in consultation with DOLE, CSC, NLRC, DILG and the
national organizations of agricultural development workers shall formulate and prepare
necessary rules and regulations in implementing the provisions of this Act.

SECTION 21. Monitoring and Implementation - The Secretary of
Agriculture shall create a Monitoring Committee which shall monitor the implementation
of the provisions of this Act. The committee shall be composed representatives of the
DA, DILG, CSC and the recognized national associations of agricultural development
workers: Provided, further That the Secretary of Agriculture shall submit semi-annual
reports on the status of the implementation of this Act to the Committee on Agriculture
and food of the House of Representatives and the Senate.

SECTION 22. Penal Provisions — Any person who shall wilfully interfere
with, restrain or coerce any agricultural development worker in the exercise of his/her
tights or shall violate any of the provisions of this Act shall upon conviction, be punished
by a fine of not less than Twenty Thousand Pesos (Php 20,000.00) but not more than
Forty Thousand Pesos (Php 40,00.00) or imprisonment of not more than one (1) year,
or both, at the discretion of the court.

If the offender is a public official, the court, in addition to the penalties provided in
the preceding paragraph, shall impose the additional penalty of disqualification from
office of such offending public official.

SECTION 23. Funding - The amount necessary to carry out the provisions
of this Act shall be included in the General Appropriations Act of the year following its
enactment into law and every year thereafter.

SECTION 24. Separability Clause — If any provision of this Act is declared
unconstitutional or invalid, the other provisions thereof affected thereby shall continue to
be in full force and effect.

SECTION 25. Repealing Clause — All laws, presidential decrees, executive
orders, rules and issuances or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SECTION 26. Effectivity Clause — This Act shall take effect fifteen (15)
days after its publication in two (2) newspapers of general circulation

Approved