Republic of the Philippines yi

HOUSE OF REPRESENTATIVES \

Quezon City, Metro Manila \
SIXTEENTH CONGRESS

Second Regular Session

4866

HOUSE BILL NO. __

Introduced by Honorable Mark Llandro L. Mendoza

Irrigation is a crucial aspect of the agricultural sector
mitigating the adverse effects of climate change on crop product
plays a vital role in ensuring sustainability of agriculture and complements our
quest to attain food security for the population. Thousands of Filipino farmers
rely on the irrigation system of the National Irrigation Administration (NIA).
However, farmers are compelled to pay the Irrigation Service Fees (ISF) imposed
by NIA in availing the facilities operated and maintained by the agency and the
Irrigators Association, Farming has become less lucrative for small farmers
because of several factors affecting crop productivity, including destructive
effects of harsh weather conditions, pest outbreak, increasing price of farm
inputs, and mandatory fees for the irrigation services.

Our pursuit for genuine development of the Philippine agriculture must
include the alleviation of burdens of our farmers. We must liberate farmers
from the cost of availing public irrigation services. NIA’s irrigation facilities are
government services which must be provided free of charge. Hflicient irrigation
service at no cost is an essential agricultural support to Filipino tillers. This
proposed measure therefore seeks to abolish the Irrigation Service Fees
imposed by the National Irrigation Administration by amending the agency's
charter and all other laws that mandate the levying of ISP.

In view of this, the passage of this proposed measure is hereby earnestly
sought.

HON./MAR f RO L. MENDOZA



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

MOUSE BILL NO. __ 4866

Introduced by Honorable Mark Llandro L. Mendoza

“AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 3601,
PRESIDENTIAL DECREE NO. 552 AND PRESIDENTIAL DECREE NO. 1702
TO ABOLISH THE IRRIGATION SERVICE FEES IMPOSED BY THE
NATIONAL IRRIGATION ADMINISTRATION

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

Congre:

SECTION 1.

assembled:

Repeal of Section 2, Paragraph (c) of Republic Act No.

3601 entitled “An Act Creating the National Irrigation Administration:

“Section 2. Powers and objectives. The NIA shall have the following

powers and objectives:

XXXX

(b)

XXXX

To collect from the users of each irrigation system
constructed by it such fees as may be necessary to finance
the continuous operation of the system and reimburse
within a certain period not less than twenty-five years
the cost of construction thereof,


SECTION 2. Repeal of Section 1, Paragraph (b) of Presidential
Decree (PD) No. 552 entitled “Amending Certain Sections of Republic Act
Numbered Thirty-Six Hundred and One, Entitled, “An Act Creating the

National Irrigation Administration:

Section 1. Section 2, Republic Act Numbered Thirty-Six Hundred

and one,

hereby amended to read as follows:

tion 2. Powers and Objectives. ~ The NIA shall have the

following powers and objectives:

XXXX

(b)

To charge and collect from the beneficiaries of the water
from all irrigation systems constructed by or under its
administration charges as may be necessary to cover the
cost of operation, maintenance and insurance, and to cover
the cost of construction within a reasonable period of time
to the extent consistent with government policy; to recover

funds or portions thereof expended for the construction

and/or rehabilitation of communal irrigation systems
which funds shall accrue to a special fund for irrigation
development under section 2 hereof; Unpaid irrigation fe

es

or administration charges shall be preferred liens, first,
upon the land benefited, and then on the crops raised
thereon, which liens shall have preference over all other

liens except from taxes on the land, and such preferred

liens shall not be removed until all fees or administration
charges are paid or the property is levied upon and sold by
the National Irrigation Administration for the satisfaction
thereof. Judicial actions for the collection of unpaid
irrigation fees or charges, drainage fees or other charges
which the National Irrigation Administration is authorized
to impose and collect, shall henceforth be governed by the
provisions of the Rules of the Court of the Philippines for


SECTION 3. Repeal of Section 1, Paragraph (b) of Presidential Decree
No. 1702 entitled, “Amending Section 3 of Republic Act No. 3601, As
Amended by Presidential Decree No. 552:

“Section 3 of Republic Act No. 3601, as amended by Section 3,
presidential Decree No. 552, is hereby amended to read as follows:

nx

(b) Operating capital - All amounts collected by the National
Ligation Administration as irrigation fees, administration
charges, drainage fees, equipment rentals, proceeds from
the sale of unserviceable equipment and materials, sale of
all reparation goods allocated to the defunct Irrigation
Service Unit and the National Irrigation Administration,
and all other income shall be added to its operating capital.

The National Irrigation Administration is hereby

authorized to. impose as an administration and

engineering overhead charge, 5% of the total cost of
project

of its operating capital.

ar

$s undertaken by it, which shall likewise form part

SECTION 4. Separabitity Clause. - If any provision or part hereof, is
held invalid or unconstitutional, the remainder of the law or the provision
thereof shall remain valid and subsisting.

SECTION 5. Repealing Clause. - Any law, presidential decree, 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 6. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette.

Approved.