SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez
Representative Rufus B. Rodriquez

House BillNo. 4242

EXPLANATORY NOTE

The Senate Committees on Agriculture and Blue Ribbon, after a tedious and several
months of investigation, in aid of legislation, came up with its astounding preliminary report
that the fertilizer fund comprising a whopping amount of Seven Hundred Twenty Eight Million
Pesos (P728,000,000.00) as covered by the farm inputs and implements program was a
systematic, premeditated and grand agricultural theft constituting the rape of a nation that
was adopted solely to suit the electoral victory of certain candidates. This, albeit, and
notwithstanding the mischievous refusal of cabinet officials and their uncooperative stance in
not appearing in the hearings despite subpoena through sheer invocation of E.0. 464

It is Unfortunate that the helpless and hapless farmers and fishermen who were the
direct victims of that grand larceny, did not realize about the magnitude and gravity of the
fraudulent and criminal use of funds supposedly due them for their farming needs to bring
about their liberation from the hard times and crunched financial condition, not until this
chamber concluded its committee investigations. The impoverished Juan dela Cruz and the
taxpayers were further robbed of their hard eamed contribution to the government coffers.

Thus, it is the bill's purpose to give credit to the salutary and great efforts of the
committees in pursuing and finishing their investigation in aid of legislation and on that basis,
to forthwith initiate a legislative measure that will henceforth give protection to all
government appropriations for the use of farmers and fisherfok, simplify the availment,
Tequisition and release of funds or goods intended for them, rather than retain the rotten
system that enabled unscrupulous government officials in perpetrating their nefarious
schemes of defrauding the recipients of government funds and goods, and institutionalize
stiffer penal sanctions to those who intend to duplicate the criminal schemes involved in the
notorious fertilizer fund scam that had cost the nation P728 Million in wasted funds.

in view of the foregoing considerations, early passage of this bill is earnestly sought.

nny een JR.
Y/

RUFUS B. ROI EZ


SIXTEENTH CONGRESS i
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez Jr. and
Representative Rufus B. Rodriguez

House Bill No. 4242

AN ACT
INSTITUTING THE FARMERS’ AND FISHERFOLK ASSISTANCE ACT AND FOR OTHER
PURPOSES

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

SECTION 1. Title of the Act. This Act shall be known as the “Farmers’ and Fisherfolk
Assistance Act”

SEC. 2. Declaration of Policy. It is the policy of the state to effectively assist and provide
funds for the farmers’, fisherfolk and other agricultural sectors’ needs, insulating the funds
from misuse, misappropriation or diversion, imposing penalties for violation thereof,

SEC. 3. Definition of Terms.

(a) Farmers - refer to natural persons cultivating, planting, marketing and
distributing crops, vegetables, fruits and other agricultural products from land and
sea and shall include fisherfolk;

(b) Other Farmers — refer to corporations, associations, cooperatives, foundations,
NGOs, people's organizations and artificial beings with juridical capacity involved
in similar activities stated in paragraph (a) hereof as done by farmers;

(c) Funds- refers to appropriation from public funds for use of the farmers included in
the General Appropriations Act, special laws or local ordinances intended for the
farmers;

(d) Farm use — refers to seedings and fertilizers including farm tools, gadgets,
implement and equipment necessary for cultivation, development, improvement
or fertiization of farmlands, orchards and other agricultural lands;

(e) Department — refers to the Department of Agriculture,

SEC. 4. Requisition, Release and Disbursement of Funds — Any provision of law to the
contrary notwithstanding, the requisition, release and disbursement to farmers of funds
intended or earmarked for use in the cultivation, development, improvement or fertilization of
farmlands, orchards and other lands devoted to the planting of crops, agricultural food
products, vegetable and fruits shall be through a Voucher System whereby the farmers
themselves shall determine and requisition the farm inputs, implements and other farm uses
as they need and submit such through vouchers to the regional office of the Department for
approval of the Regional Director and release within a period of not exceeding sixty (60)
days from approval based on and within the allocation in the budget for the specific locality
where the farm is located; Provided, however, that in purchasing or making available such
agricultural inputs, implements and other farm uses as determined by the totality of the
aggregate vouchers or requisitions, the provisions of Republic Act No. 9184, otherwise
known as the Government Procurement Act of 2003, shall be strictly complied with by the
Regional Director of the Department.


SEC. 5. internal Pre-Audit Service. - In lieu of purchasing the said requisitioned agricultural
farm inputs, implements and other farm uses, the Regional Office, may release funds directly
to the requesting farmer, in which case, he shall immediately submit all the covering
documents to the internal auditor in the region who shall, not later than thirty (30) days from
such receipt, submit his audit report to the national office of the Department charged with
monitoring the use of the funds, implementation of the project and evaluation of the progress
or effects of the program to the country, furnishing copies thereof to the Congressional
Oversight Committee on Agriculture

SEC. 6. Violations and Penalties. - The following violations shall constitute criminal offenses
punishable under this Act as follows:

(a) Diversion, misuse or misappropriation of the funds or a portion thereof or
of the farm inputs, implements and other farm uses intended to be
released to the farmers, or falsely or fraudulently making it appear that
such requisition or release of funds or farm inputs has been made when in
fact there is none, shall, in addition to the penalties provided for in the
Revised Penal Code, be punishable with imprisonment of not less than
twelve (12) years but not more than twenty (20) years; Provided, however,
if such funds or farm uses be utlized for election purposes, money
laundering or other illegal and unlawful activities, the penalty shall be
imposed in the maximum period; Provided finally, That in the event it is
established that the use of the whole or a portion of the fund or farm uses
also constitutes the crime of plunder, the penalty for plunder shall be
applied

(b) Any farmer, group, corporation, association, cooperative, foundation,
NGO, people's organization or other artificial being with juridical capacity
granted any fund or farm uses which shall use the same for vote-buying,
reselling or purposes other than those provided herein or shall be involved
in the false or fraudulent requisition or misuse or misappropriation of the
fund or farm uses, shall be punishable with imprisonment of not less than
ten (10) years but not more than fifteen (18) years; Provided, however, in
case of a corporation, association, cooperative, foundation, NGO,
people's organization or other artificial being with juridical capacity,
whether registered or not, composed of two or more persons, the
stockholders, members, directors, trustees, officers and the individuals
composing it shall be liable in their personal capacity and suffer the
penalties provided herein unless the individuals composing it shall prove
that he/she never took part in the transaction and benefited from the
proceeds of the funds or the farm uses;

(c) Failure or unjustifiable refusal of the Regional Director or his subordinate
to act upon, process and evaluate within the period of time hereinbefore
fixed or to release the funds or farm uses to the farmer applicant when
there is no legal nor justifiable reason to do so shall be punishable with
imprisonment of not less than six (6) years but not more than twelve (12)
years; and

(d) ‘Any other violation of this Act shall be punishable with imprisonment of not
less than five (5) years nor more than ten (10) years.

SEC. 7. Repealing Clause. All laws, decrees, executive orders and Republic Acts
inconsistent herewith are hereby deemed repealed.

SEC. 8. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) national newspapers of general circulation, whichever
comes earlier

Approved,