EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
Third Regular Session
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus B. Rodriguez

House Bill No, 10156

EXPLANATORY NOTE

For 2020, data from the Philippine Statistics Authority show that the Agriculture,
Forestry, and Fishing (AFF) sector had a 10.2% of the GDP of the Philippines.

This shows the important role that agriculture plays in the development of the country,
and the important roie of workers in the agriculture sector.

Thus, this measure which aims to protect of our agriculture workers and strengthen
their rights.

In view of the foregoing, immediate approvai of this measure is earnestly requested.

RUi . RODRIGUEZ


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Third Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

Hiouse Bill No. 0156

AN ACT
PROVIDING FOR THE MAGNA CARTA FOR THE ADVANCEMENT OF AGRICULTURAL
WORKERS WELFARE

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

ARTICLE |
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Magna Carta for the Advancement
of Agricultural Workers Welfare’

Sec. 2. Declaration of Policy. - It 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 and the modernization of the Philippine Agriculture,

Sec. 3. Definition of Terms. — As used in this Act

a. Agricultural Development Workers — shall mean all persons who are engaged in agricultural
development activities and all persons employed in the Department of Agriculture (DA),
including its bureaus and attached agencies, Local Government Units (LGUs), State Colieges
and Universities (SUCs) and concerned government and private institutions, and shall include
agriculturist, agricultural engineers, fishery technologists, veterinarians, agricultural
technicians, agricultural employees, administrative and support personnel employed
Tegardiess of their employment status;

. Agriculturist — shall refer to a person who is a graduate of a course in agriculture or any
related course registered and license with the Professional Regulation Commission (PRC)
who performs any of the specialized activities such as agronomy, horticulture, animal
husbandry, entomology, plant pathology, plant breeding, agricultural economics, agricultural
extension, and marketing;

c. Agricultural Engineer — shall refer to a person registered with the PRC performing
engineering activities in agriculture, particularly on areas of farm power and machinery,
irrigation and drainage, soil and water conservation, agricultural buildings and structures,
agricultural processing, and postharvest facilities;

d. Fishery Technologist — shail refer to a person who is a graduate of a course in fisheries and
registered and licensed with the PRC performing activities on fisheries and aquaculture, and,
fishery production and processing;

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e. Veterinarian — shail refer to a person registered with the PRC performing professional
activities on veterinary services such as disease prevention, control, and animal health;

f. Agricultural Technician — shall refer to a trained or skilled agricultural worker who is not
necessarily a college graduate and certified by the Technical Education and Skilis
Development Authority (TESDA) performing job such as plant nursery propagator, farm
mechanic and agricultural machinery operator and other related skilled job in agricultural
production, processing, and marketing;

g. Agricultural Extension Worker — shail refer to an agriculturist, agricultural engineer, fishery
technologist and veterinarian who helps farmers and fishermen in the promotion of agricultural
and fisheries development plans, programs and projects through the use of extension the
theologies, concepts and principles; and,

h. Agricultural Employee — is a person who is a graduate of Agriculture, Agricultural
Engineering, Fisheries, Veterinary Medicine or any other agriculture- related course from any
recognized college or university and in holder of an appropriate civil service but not a licensed
professional under the PRC who is employed in the government, non-government
organization or private institution who performs activities on agriculture development

Sec. 4. Coverage. - This act shall cover all Agricultural Development Workers of the
government, non-government organizations and private institutions and shall include
agricuiturists, agricultural engineers, fishery technoiogisis, veterinarians, agricuiturai
technicians, agricultural employees, farm workers, administrative and support personnel
employed regardless of their employment status.

ARTICLE
EMPLOYMENT AND CAREER DEVELOPMENT

Sec. 5. Recruitment and Qualifications. - The selection and appointment of agricultural
development workers shail be in accordance with the merit and fitness principie: Provided,
That he/she has the appropriate civil service eligibilities and/or professional license,
educational qualification, skills and related work experiences.

Sec. 6. Employment Assistance. - There shall be employment opportunities for the graduates
of agriculture and fishery related courses who are certified and licensed to practice their
profession and/or perform specialized works by the PRC and TESDA, respectively. In line with
this, the Department of Labor and Employment (DOLE), together with academic institutions,
PRC, TESDA and the Department of Trade and industry (DT)) shall undertake employment
promotion of the produced agricultural development workers in the domestic and foreign
market and adopt and implement a National Employment Program for Agricultural
Development Workers.

Sec. 7. Professionalization of Government Agricultural Services. — There shali be support on
the professionalization of agricultural services of the government by ensuring the appropriate
position titles, just compensation and benefits of the agricultural development workers relative
to the implementation of the government's agricultural programs. For this purpose, the DA,
together with CSC, Department of Budget and Management (DBM), Department of the interior
and Local Government (DILG), and in coordination with the recognized national associations
of agricultural development workers shall review the existing functions, responsibilities,
position, titles, qualifications and allocations of the agricultural development workers
employed at the DA, LGUs and concerned government agencies, and to reallocate, reciassify

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and/or match them with appropriate position, tities and compensation. it shall likewise adopt
the existing CSC agricultural positions with corresponding salary grade.

Sec. 8. Mandatory Positions of Agricultural Development Workers in Local Government Units.
= The creation of the following positions is hereby made mandatory in addition to the
prescribed position under the Local Government Code of 1991, as amended:

i. Provincial Agricultural Engineer;
ii Provincial Fishery Officer,

iii, City Agricultural Engineer,
iv. City Veterinarian;
v. — City Agriculturist; and,
vi, Municipal Agricuiturist.

The LGUs shall create staffing pattern for agricultural development workers.

Sec. 9. Performance Evaluation and Merit Promotion. - The Secretary of Agriculture in
consultation with CSC, DOLE and 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 shail include provisions on merit promotion, performance evaluation, in-service training
grants and incentives awards system. The performance evaluation plan shall consider
foremost the improvement of individual employee efficiency and organizational effectiveness:
Provided, that each employee shall be informed regularly by his/her supervisor of his/her
performance evaluation. Provided further, That the merit promotion pian shall be in
consonance with the rules of the CSC

Sec. 10. Transfer of Geographical Reassignment of Agricultural Officers and Employees. ~
No transfer of 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 and that if the employee concemed disagrees with the order of transfer or
reassignment, he/she may appeai said order with CSC or DOLE, 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/or reassignment of the agricultural worker or employee and
his/her immediate family shall be paid by the Philippine Government.

Sec. 11. Security of Tenure. - Any agricultural development worker holding a permanent
position in the government shail not be terminated except for cause: Provided, That in the
event the agricultural development worker is found to be unjustly dismissed by CSC, he/she
shall be entitled to reinstatement without loss of seniority rights and back wages with twenty
per centum (20%) interest to be computed from the time compensation is withheld up to the
reinstatement. Provided however, that if the agricultural development worker does not desire
to be reinstated, he/she shall be entitled to back wages and separation pay with twenty per
centum interest.

Sec. 12. Married Agricultural Development Worker. - Whenever possibie, 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 or adjacent city/municipality.


Sec. 13. Code of Conduct. — Ali Agricultural Development Workers must be guided by the
Code of Ethics, as adopted by the Secretary of Agriculture in consultation with CSC, DOLE,
and concerned stakeholders.

Sec. 44. Normal Hours of Work. - The normal hours of work 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 worker is required to be on active duty or to be at a prescribed
workplace:
b. the time which an agricultural development worker is permitted to work; and,
c. the time which an agricultural development worker is required to work in a place other
than the prescribed workplace.

Sec. 15. Overtime Work — Where the exigencies of 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 the existing applicable laws.

Sec. 16. Personnel Required. — All offices, firms and establishments either government or
private, and farmer organizations and cooperatives engaged in the production, processing,
handling and marketing of agriculture and fisheries products and likewise impiementing
projects related to irrigation, farm mechanization, postharvest facilities and agricultural
infrastructures shall employ the required number and/or engage the services of agriculturists,
agricultural engineers, fishery technologists and veterinarians to perform professional
services

Provided, That there shall be no understaffing and/or overloading of agricultural
development workers. The ratio of staff to clientele shall be such as to reasonably effect a
sustained quality of agricultural service at all times without overworking the agricultural
development workers and over-extending their services. Only qualified professional shal
occupy the agriculturist, agricultural engineer, fishery technologist and veterinarian in all
government instrumentalities, non-government organization and private firms and
establishments;

Provided further, That in cases that the LGU decides to employ additional agricultural
development workers, they shall be exempted in the prescribed ceiling for personnel services
by the DBM provided such positions shall be filled up within one (1) year after its creation.
Provided furthermore, That the national government shall allocate the necessary funds for the
hiring of additional agricuiturai development workers in cases of overloading of personnel in
specific areas of assignment of concerned government offices,

ARTICLE Ill
RIGHTS, BENEFITS, AND REWARDS:

Sec. 17. Freedom from Interference or Coercion. - It shall be unlawful for any person to
‘commit any of the following acts of interference or coercion:

a. to require as a condition of employment that the agricultural development worker shail
not join an organization or union;

b. to discriminate in order to encourage or discourage membership in any agricultural
development workers organization or union;

c. to prevent an agricultural deveiopment worker from carrying out his/her duties and
functions in his/her organization or union or to penalize him/her for any lawful action
performed in that capacity;

d. to harass or to intimidate an agricultural development worker or prevent him/her from
performing duties and functions; and,

5


e. to perform acts that wili diminish the independence and freedom of the union or
organization to direct its own affairs.

Sec. 18. Discrimination Prohibited. — An agricultural development worker ‘shall not be
discriminated by reason of creed, gender, political belief, civil status, religious belief and ethnic
grouping in the exercise of his/her profession.

Sec. 19. Safeguards in Administrative Proceedings. — In every administrative proceeding, an
agricultural development worker shall have.

the right to be informed of the charges;

the right to full access to evidence against him/her;

the right to defend himself/herself through counsel of his/her choi
the right to be given adequate time to prepare his/her case, which shail in no case
exceed twenty (20) days;

the right to appeal to designated authorities;

the right to cross-examine witnesses and to processes for the production of witnesses;
the right to reimbursement for reasonable expenses incurred in his/her defense in case
of exoneration or dismissal of the charges; and,

such other rights provided by other national agencies and local government units to
their respective officers and employees to ensure fairness and impartiality in
prosecution.

eegn

z emo

Sec. 20. Right fo Join Organizations. — Agricultural development workers shall have the right
to freely join organizations or unions for purposes not contrary to law, in order to protect their
mutual interest and to seek redress of grievances through peaceful concerted activities. The
various national organizations of agricultural development workers shall be consulted in the
formulation of national education policies and professional standards, and in the formulation
of national policies and programs on agriculture of the government.

Provided, that the government shail ensure that the agricultural development workers
organizations are represented in the national and local Agricultural and Fishery Councils, local
development councils and other policy making and consultative bodies of the government.

Sec. 24. Criteria for incentives and Rewards 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 shall
be governed and funded by DA with 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,

c. Performance Bonus — form of remuneration given to the agricultural development
workers for performance that exceeds established targets; and

4G. Other incentives that DA and LGUs may estabiish,

The DA is hereby mandated to create a committee to formulate the mechanics relative to this
provision.

Sec. 22. Other Compensation and Benefits. — Ail agricultural development workers shall be
entitied to the following additional compensation and benefits:
a. Representation Allowance Travelling Allowance (RATA) — all Provincial/City/Municipal
Agriculturist, Veterinarians, Agricultural Engineers and Fisheries Officers shall be
entitied to RA equivalent to the Department Head of the LGUs;

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Hazard Allowance — All agricultural development workers assigned in difficult areas,
strife-torn or embattled areas, distressed or isolated stations, animal/plantfisheries
breeding station, plant nurseries, plantations and demonstration farms, laboratories
especially those handling x-rays, radioisotopes, chemicals, etc., sea-bome patrols,
construction and installation of agricultural infrastructure projects, and other areas
declared under a state of calamity or emergency which exposes them to great danger,
occupational risk or perils of life shall be compensated with hazard allowance
equivalent to at least twenty-five per centum (25%) 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 banner programs and projects DA
and/or LGU in order to make their services available at all times, shall be entitled to
full daily subsistence allowance of three (3) meals, incidental expenses and other
actual expenses that may be incurred while on official function, which shall be
computed in accordance with the prevailing circumstances;

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

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

Housing — All 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 quarters for free; Provided, That if such living quarters
are not available, their workers shail receiving housing allowance: Provided further,
That said allowance shall be reviewed periodically and adjusted for inflation;

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

Medical Examination - During the tenure of their employment, agricultural
development workers personnel shall be given a compulsory free medical examination
‘once a year and immunization as the case may warrant. The medical examination
shall include:

i. Complete physical examination;

ii, Routine laboratory;

iii, Dental examination; and,

iv. Other indicated examination
Provided, That the cost of such medical examination shall be included as automatic
appropriation in said entity's annual budget.
On-Call Pay — In case of "On-Call" pay equivalent to fifty per centum (50%) of his/her
reguiar wage, “On-Call status refers to a condition when an agricultural officer or
employee is called upon the respond to an urgent or immediate need or relief work
during emergencies such that the agricultural worker cannot utilized 1 his/her time for
personal needs: Provided, That no agricultural worker shall be placed in an “On-Call”
status beyond seven (7) days,
Motor and Vehicle Loan — Alll agricultural development workers shall be entitled to avail
of the motor and vehicle load of DA. The government shall provide adequate budgetary
support for their purpose; and,
Highest Basic Salary Upon Retirement - Three (3) prior to the compulsory retirement,
the agricultural development worker shall automatically be granted one (1) salary
range or grade higher than his/her basic salary and his/her retirement benefits
thereafter, computed on the basis of his/her highest salary: Provided, That he/she has
reached the age and fulfilled service requirements under existing laws.

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ARTICLE iV
HUMAN RESOURCE DEVELOPMENT

Sec. 23. Training Program. - The DA together with the DOLE, PRC, Commission on Higher
Education (CHED) and DILG shall formulate and implement a comprehensive training
programs for the agricultural development workers as part of the Continuing Professional
Development (CPD) Program as mandated by the PRC and Human Resource Development
Program of the LGUs. Provided, That adequate budgetary support shall be provided by the
national government; Provided further, that the trainings conducted by Agricultural Training
Institute (ATI) for Agricultural Development Workers shall be credited as part of the CPD
Program requirements of the PRC.

Sec. 24, Scholarship Program. — The Agricultural Development Workers and students on
agriculture, agricultural engineering, fishery, and veterinary medicine courses shall have full
access and priority allocation on the scholarship program of the government.

Sec. 25. Capability Assessment. ~ The DA shall conduct a periodic agricultural development
worker resource development/management study into, among others, the following areas.

a. Types and amounts of resources to include the ratio of personnel -clientele based on
the geographical area and program coverage;

b. Adequacy of facilities and supplies to render quaiity agricultural extension services;

c. Opportunity for agricultural development workers to grow and develop their potentials
and experience a sense of worth and dignity in their work. Those who undertake
agriculture related postgraduate studies shall be entitled to an upgrading in their
position or raise in pay of two (2) steps higher or its equivalent to his/her current salary;

d. Mechanisms for annual regional consultation on the welfare of agricultural
development workers;

e. Staffing pattems and standard of agricultural extension services. Existing
recommendations on staffing and standards of agricultural extension services shall be
immediately and strictly enforced;

f, Ways and means of enabling the rank-and-file workers to avail of education
‘opportunities for personal growth and development;

g. Upgrading of working conditions, reciassification positions and salaries of agricultural
development workers to correct disparity vis-a-vis other profession such that position
requiring longer study to upgrade and given corresponding pay scale; and

h. Assessment of the national policy on exportation of skilled agricultural development
workers resource to focus on how these resources could instead be utilized
productivity for the country's needs.

There is hereby created a Congressional Commission on Agricultural Extension Services
(CAESCOM) to review, assess and impose the implementation of human resources
development in agricultural extension services, to include the Continuing Professional
Education and Training and the other areas described above. The Commission shall be
‘composed of five (5) members from the House of Representatives and five (5) members from
the Senate. It shall be co-chaired by the chairperson of the committee on agriculture of both
houses. it shall render a report and recommendation to the Congress which shail be the basis,
for policy legislation in the field of agriculture. Such a congressional review shall be
undertaken once every five (5) years.

ARTICLE V
ADMINISTRATION AND ENFORCEMENT

Sec. 26. Composition of the Agricultural Officers and Employees Consultative Council. ~ The

composition of the Agricultural Officers and Empioyees Consultative Council shall be

determined from the list submitted by the Regional Association of Municipal/City Agricultural
8


Officers and Provincial Agriculturists, throughout the country as well as from the list submitted
by the Agriculture and Fishery Council Chairman, Provincial Agriculture and Fishery Council
Chairman and the National Agriculture and Fishery Chairman.

Sec. 27. Penalties. - Any person who shail willfully interfere with, restrain or coerce any
agricultural development workers in the exercise of his/her rights 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 (P20,000.00) but not more than Forty Thousand Pesos (P40,000.00) 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 additional to the penalties provided in the preceding
paragraph, shall impose the additional penalty of disqualification from office of such offending
public official

Sec. 28. Appropriations. - The amount necessary to carry out the provisions of this Act shail
be included in the General Appropriations Act of the year following its enactment into law and
every year thereafter.

Sec. 29. implementing Rules and Regulations. - The Secretary of DA, together with the
DOLE, CSC, DILG, and in consultation with the national organizations of agricultural
development workers shall formulate and prepare necessary rules and regulations in
implementing the provisions of this Magna Carta.

Sec. 30. Separabilily Clause. — if any provision of this Act shail be deciared unconstitutional
or invalid, the other provisions not otherwise affected shall remain in full force and effect.

Sec. 31. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
issuance or parts thereof inconsistent with the provisions of this Act and Section 484 of the
Local Government Code are hereby repealed or modified accordingly.

Sec. 32. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
official gazette or in a newspaper of general circulation.

Approved,