TATIVES
RECEIVED

Republic of the Philippines
HOUSE OF REPRESENTATIVES |
Quezon City |

BY: 4 |

SEVENTEENTH CONGRES:
First Regular Session

. TATION UNIT
BITS ANY AEX SERVICE

‘ HOUSE BILL No. 144_

COSTA-ALBA,

Invoduced by REPRESENTATIVE MARIA LOURDES

' EXPLANATORY NOTE

The Philippines is an agricultural country with a total land area of 30 million hectares. Of
this figure, 13 million hectares representing 43% of the country’s total land area is devoted to
agricultural crops. livestock. and inland fishery production. About 50% of the Philippine
population is dependent on fishery production, About 50% of the Philippine population is
ciependent on fishery, farming, and agriculture-related industries as a source of livelihood
Indeed, agriculture remains the linchpin for economig growth.

cers. fishery technologists. veterinarians, and agricultural
technicians comprisi cultural workers” that are produced by agricultural-
based educational institutions and whose technical and professional expertise are certified by the
Professional Regulation Commission and’ the Technical Education and Skills Development
Authority plays a vital role in the development and modernization of the Philippine agriculture.
They provide the necessary assistance and professional services to the farmers and fisher folks in
managing the farms for increased farm profitability and productivity.

Agriculturists. agricultural eng
the class of

This bill acknowledges the role and contributions of government agricultural workers by
affirming their rights. and providing a mechanism for career development. Needless to say.
personal fulfillment allows for a better sense of responsibility.

In view of tHe foregoing, approval of this bill'is earnestly sought.

LOURDES ACOST
irst District, Bukidnon



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BiLLNo. 144

Introduced by REPRESENTATIVE MARIA LOURDES ACOSTA-ALBA

AN ACT
PROVIDING FOR A MAGNA CARTA OF AGRICULTURAL DEVELOPMENT
WORKERS

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

ARTICLEL
TITLE OF THE ACT, DEFINITION OF TERMS, AND COVERAGE

SECTION 1. Tile. - This Act shall be known as the “Magna Carta of Agricultural
Development Workers.”

SEC. 2. Declaration of Policy ~ The State shall promote and improve the social and
economic well-being of Agricultural Development Workers, their living and working
conditions and terms of employment. It 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, the modernization of the
Philippine Agriculture and help achieve Food Security and Self-Sufficiency.

SEC. 3. Definition of Terms. —

a) Agricultural Development Workers shall mean all persons who-are engaged in
agricultural development activities and all persons employed in the Department
of Agriculture including its bureaus and attached agencies, Local Government
Units (LGUs), State Colleges and Universities and concerned government and
private institutions, and shall include agriculturists, agricultural engineers,
fishery technologists, veterinarians, agricultural technicians, agricultural

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b)

d)

e)

2)

h)

employees, administrative and support personnel employed regardless of their
employment status;

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

Agricultural Engineer shall to a person registered with the Professional
Regulation Commission performing engineering activities in agriculture and
fisheries, particularly on areas of farm power and machinery, irrigation and
drainage, soil and water conservation, agricultural buildings and structures,

agricultural processing and postharvest facilities:

Fishery Technologists shall refer to a person who is a graduate of a four-year
course in fisheries and registered and licensed with the Professional Regulation
Commission performing activities on fisheries and aquaculture, and fishery
production and processing:

Veterinarian shall refer to a person registered with the Professional Regulation
Commission performing professional activities on veterinary services such as
disease prevention, control and animal health;

Agricultural Technician shall refer to a trained or skilled agricultural worker
who is not necessary a college graduate and certified by the Technical Education
and Skills Development Authority performing job such as plant nursery
propagator, farm mechanic and agricultural machinery operator and other
related skilled job in agricultural production, processing and marketing:

Agricultural Extension Worker shall refer to an agriculturist, agricultural
engincer, 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:

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 is holder of an appropriate
civil service but not a licensed professional under the Professional Regulation

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Commission who is employed in the government, non-government organization
or private institution who performs activities on agriculture development.

i) CSC shall refer to the Civil Service Commission;
i) DOLE shall refer to the Department of Labor and Employment;
k) DA shall refer to the Department of Agriculture:

1) LGU shall refer to the Local Government Unit;

m) PRC shall refer to the Professional Regulation Commission;

n) RBs shall refer to the Professional Regulatory Boards of Agriculture,
Agricultural Engineering, Fisheries and Veterinary Medicine under the
Professional Regulation Commission; and

0)  SUCs shall refer to State Universities and Colleges.

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

ARTICLE IL
EMPLOYMENT AND CAREER DEVELOPMENT

SI
jon of employment opportuni
produced in educational institutions and are registered and licensed by PRC and certified by
TESDA. In line with this, the DOLE in collaboration with educational institutions, PRC,
YESDA, DA and DTI shall undertake employment promotion of agricultural development

. 5. Employment Assistance. - The State hereby ensure and guarantee the

prov of agricultural development workers which are being

workers in the domestic and foreign market and adopt and implement a National
Employment Program for Agricultural Development Workers.

SEC. 6. Personnel Required. - All offices, firms and establishments _ either
government or private, and farmers organizations and cooperatives engaged in the
production, processing, handling and marketing of agriculture and fisheries products and

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likewise implementing 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 based on the standards and guidelines to be promulgated by the
PRBs concerned;

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 shall
occupy the agriculturist. agricultural engineer, fishery technologist and veterinarian in all
government  instrumentalities, non-government organization and private firms and
establishments;

Provided Further, That the government shall allocate the necessary funds for the
hiring of additional agricultural development worker in cases of over-loading of personnel in
specific areas of assignment of concerned government offices.

SEC. 7. Recruitment and Qualifications. - The selection and appointment of
agricultural development workers shall be in accordance with the merit and fitness principle;
Provided That he/she has the appropriate civil service eligibilities, professional license and
required education, training and experiences.

All agricultural and fishery agencies and institutions in government shall be headed
cither by a registered Agriculturist, Agricultural Engineer, Fishery Technologist or
Veterinarian depending on the scope and magnitude of the functions of the particular agency
or institution covering the scope of practice of concerned profession except for Cabinet and

non-career positions.

SEC. 8. Professionalization of Agricultural Development Workers in Government, -
The State shall promote and ensure that agricultural development workers in the government
are accorded with appropriate position titles, just compensation and benefits and proper
professional recognition.

The Agricultural Technologist positions occupied by the Agricultural Development
Workers at the Local Government Units are hereby upgraded or reclassified into appropriate
level of Agriculturist, Agricultural Engineer, Fishery Technologist, and Veterinarian

positions.

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‘The following positions are hereby made mandatory at the Local Government Units
in addition to the prescribed position “under the Local Government Code. of 1991: a)
Municipal Agriculturist except for highly urbanized cities; b) Provincial, City and Municipal
Agricultural Engineer; c) Provincial Fishery Technologist; and d) Municipal Veterinarian.

SEC. 9. Performance Evaluation and Merit Promotion. — The Secretary of
Agriculture in consultation with the PRBs, CSC, DOLE and the recognized national
associations of agriculturist, agricultural engineers, fishery technologists, veterinarians and
other agricultural development workers shall prepare a uniform career and personnel
development plan. Such career and personnel development plan shall include provisions on
merit promotion, performance evaluation, in-service training grants, job rotation and
incentives awards system.

SEC. 10. Transfer of 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/or reassignment of the agricultural worker ot employee and his/her
immediate family shall be paid by the Government,

SEC. 11. Security of Tenure. - An agricultural development workers holding a
permanent position in the government shall not be terminated except for 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 back wages with twenty per centum (20%) interest to be computed from.
the time compensation is withheld up to the reinstatement. ‘However, 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. Code of Conduct -All agriculturists, agricultural engineers, fishery
technologists and veterinarians must be guided by the Code of Ethics promulgated by the
Professional Regulatory Boards and the Professional Regulation Commission. -The Secretary
of Agriculture in consultation with the Civil Service Commission, Department of Labor and

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Employment and the concerned stakeholders shall adopt a Code of Ethics of other
Agricultural Development Workers not covered by the PRC.

SEC. 13. 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 workers is required to be on active duty or
to be at a prescribed 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.

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 existing laws on the matter,

SEC. 17. Married Agricultural Development 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 TT
RIGHTS, BENEFITS AND REWARDS SYSTEM

SEC. 18. Freedom from interference or coercion. - \t shall be unlawful for any
person to commit any of the following acts of interference or coercion:

a) Require as a condition of employment that the agricultural development worker
shall not joinan organization or union:

b) Discriminate in order to encourage or discourage membership in any agricultural
development workers organization or union:

¢) Prevent an agricultural development 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) Harass or intimidate an agricultural development worker or prevent him/her from
performing duties and functions; and

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¢) Perform acts that will diminish the independence and freedom of the union or
organization to direct its own affairs.

SEC. 19. Discrimination Prohibited. - An agricultural development worker shall not
be discriminated by reason of creed, sex, political belief, civil status, and ethnic grouping in

the exercise of his/her profession.

SEC.20. Safeguards in Administrative Proceedings. - In every administrative
proceeding, an Agricultural Worker shall have the following rights:

a) Be informed of the charges:
b) Full access to evidence against him/her:
©) Defend himself/herself through counsel of his/her choice:

d) Be given adequate time to prepare his/her case, which shall in no case exceed
twenty (20) days:

e) Appeal any adverse ruling to designated authorities:
1) Cross-examine witnesses and to processes for the production of witnesses;

g) Reimbursement for reasonable expenses incurred in his/her defense in case of
exoneration or dismissal of the charges ;and

h) Such other rights provided by other national agencies and local government units
to their respective officers and employees to ensure fairness and impartially in
prosecution.

SEC. 21. Right to 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 educational policies and professional standards, and
in the formulation of national policies and programs on agriculture of the government;
Provided, That the government shall ensure that the agricultural development workers
organizations are represented in the national and local Agricultural and Fishery Councils,

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local development councils and other policy making and consultative bodies of the

government.

SEC. 22. 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 by the following cri

a)

b)

°)

4)

SEC.

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;

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 programs of the
government;

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

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

24. Other Compensation and Benefits. - All agricultural development workers

shall be entitled to the following additional compensation and benefits:

a)

b)

Representation Allowance and -— Traveling Allowance. = — ~— All
Provincial/City/Municipal Agriculturist, Veterinarians, Agricultural Engineers,

and
Travelling Allowance (RATA) equivalent to the Department Head of the LGUs;

ries Officers shall be entitled to Representation Allowance and

Hazard Allowance - All agricultural development workers assigned in difficult
areas, strife-tom or embattled areas, distressed or isolated stations,
animal/planv/fisheries breeding station, plant nurseries, plantations and
demonstration farms, laboratories especially those handling x-rays, radioisotopes,
chemicals, etc., sea-borne 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 risks or perils of liffe

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°)

4)

8)

h)

shall be compensated with hazard allowance equivalent to at least twenty per
centum (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 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, the workers shall receive housing
allowances: 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 the Civil Code
as the case may be:

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 1
his/her time for personal needs: Provided. That no agricultural worker shall be
placed in an “On-Call” status beyond seven (7) days; and

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

ARTICLE IV
HUMAN RESOURCE DEVELOPMENT

SEC. 25. Training Program. — The DA together with the DOLE, PRC, CHED and
DILG shall formulate and implement a comprehensive training programs for the agricultural
development workers as part of the Continuing Professional Development Program and
Human Resource Development Program of the LGUs; Provided, That adequate budgetary
support shall be provided by the government;

SEC. 26. Scholarship Program. ~ The Agricultural Development Workers and
students on agriculture, agricultural engineering, fishery, and veterinary medicine shall have
full access and priority allocation on the scholarship program of the government.

SEC. 27. Capability Assessment. - The Government and non- government agencies
shall conduct human resource development and management studies in the following areas:
a) Types and amount of facilities and resources to render quality agricultural service
to the clientele;

b) Venue and opportunities for the agricultural development workers to grow and
develop their potentials and develop a sense of self-worth and dignity in their
work:

c) 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 patterns and standards of welfare for agricultural development workers
welfare to ensure that they receive quality care.

ARTICLE V

ADMINISTRATION AND ENFORCEMENT
SEC. 28, Rules and Regulations. - The Secretary of the Department of Agriculture
together with the DOLE, CSC.DILG and PRBs and in consultation with the national

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organizations of agricultural development workers shall formulate and prepare necessary
rules and regulations in implementing the provisions of this Magna Carta.

SEC. 29. Monitoring of 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 of representatives of the DA, DILG, CSC, PRBs 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.

SEC. 30. Penal Provisions. - Any person who shall willfully interfere with, restrain
cise of his/her rights or shall violate

or coerce any aj
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

cultural development worker in 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. 31, 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.

SEC. 32. 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.

SEC. 33. Repealing Clause. -
and issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed

All laws, presidential decrees, executive orders, rules

or modified accordingly

SEC. 34. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in two (2) newspapers of general circulation

Approved,

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