Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1095

HOUSE BILL NO.

Introduced by: REP. PHILIP A. PICHAY

EXPLANATORY NOTE

The food security of our country has been continually threatened by causes,
either man-made or natural, from the unabashed practices of kaingeros to the
ravaging El Nitio phenomenon. The latter is probably the biggest menace. Despite
this, however, more and more farmlands are being converted to non-agricultural zones
- a condition, if left unchecked, will endanger and exacerbate the shortage on our
staple food. The worst predicament we can anticipate is seeing our fellowmen dying
from hunger and famine, a dilemma that can be likened to a journey towards
extinction for a growing nation as ours.

This bill seeks to arrest the irresponsible and indiscriminate conversion of
irrigated and irrigable agricultural lands into residential, commercial, industrial, and
other zones by prohibiting its conversion and declaring such as National Protected
Areas for Agriculture. It seeks to amend Section 20 of the Local Government Code by
allowing the exclusive conversion of non-irrigated or irrigable lands only through
certifications and clearance secured from the Department of Agriculture, Department
of Agrarian Reform, Department of Environment and Natural Resources and local
government units. Furthermore, this measure attempts to initiate a performance
audit of redistributed lands particularly those received by farmer-beneficiaries of the
Comprehensive Agrarian Reform Law.

What a pity for the less fortunate if we remain complacent on the issue of
rampant and indiscriminate conversion of agricultural areas. Time has come to
prioritize policies that will provide for a more stable source of food for the people. In
view of the foregoing, the immediate approval of this bill is earnestly sought.

AL

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No.._1095

Introduced by: REP. PHILIP A. PICHAY

AN ACT
DECLARING ALL IRRIGATED AND IRRIGABLE AGRICULTURAL LANDS AS
PROTECTED AREAS FOR AGRICULTURE, PROHIBITING ITS CONVERSION FOR
USES OTHER THAN AGRICULTURAL AMENDING FOR THE PURPOSE SECTION 20
OF REPUBLIC ACT 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE,
OF 1991

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

SECTION 1. TITLE -- This Act may be cited as the National Protected Areas for
Agriculture (NPAA) Law.

SEC. 2. DECLARATION OF POLICY - It is the policy of the State to develop
agriculture in tandem with and complementary to the major development sectors of
the economy. The State shall support the competitive development of agriculture,
provide long-term food security, and ensure a sustainable environment for agriculture.
This policy will mean the:

(a) Grant of direct access to the latest agricultural technology, electric
power, water sources, roads, credit and domestic markets to agricultural
areas;

(b) Essential research support for the intensive and environmentally-friendly
development of food production; and

(c]_ Prioritized allotment of the country’s best alluvial soils for intensive
agricultural activity.

SEC. 3. THE NATIONAL PROTECTED AREAS FOR AGRICULTURE (NPAA) --
All irrigated and irrigable agricultural lands planted but not limited to rice, crop,
sugar, coconut and other crops, blocked and mapped according to standards by the
Bureau of Soils and Water Management, is hereby declared as National Protected
Areas for Agriculture (NPAA) and may not be converted into other purposes.

SEC. 4. DEFINITIONS -- For the purpose of this Act, unless the context

indicates otherwise:


(a) Agriculture, Agricultural Enterprise or Agricultural Activity -- refers to
soil cultivation; crop planting; fruit-tree growing; livestock and poultry
raising; and, fish breeding and propagation of other aquaculture
products. Also means the harvesting and immediate processing of such
farm products, other farm activities and practices performed by a farmer
in conjunction with such farming operations done by persons whether
natural or judicial.

(a) Irrigated lands - are those where water is readily available or relatively
accessible, and where crop production is cost-efficient. These are located
mostly in the alluvial lands and sloping uplands, are traditional sources
of food and where high investments in infrastructure are located.

(b) _Irrigable lands - are those that have the most potential for irrigation
consisting mostly of rainfed paddy ricelands and diversified croplands
located in the level to nearly level alluvial plains and gently sloping
uplands.

SEC. 5. AMENDMENTS TO RA 7160 -- Section 20 of Republic Act 7160,
otherwise known as the Local Government Code, is hereby amended to read as follows:

“SEC. 20. Reclassification of Lands -- (a) A city or municipality may,
through an ordinance passed by the sanggunian after conducting public
hearing for the purpose, authorize the reclassification of agricultural lands and
provide for the manner of their utilization or disposition in the following cases:
(1) when the land ceases to be economically feasible and sound for agricultural
purposes as determined by the Department of Agriculture [ or ] ; (2) where the
land shall have substantially greater economic value for residential,
commercial, or industrial purposes, as determined by the sangguinan
concerned [ : ] ; OR (3) WHEN THE LAND IS NOT IRRIGATED OR TRRIGABLE
AND INCLUDED AMONG AGRICULTURAL LANDS IDENTIFIED BY
ADMINISTRATIVE ORDER 20, SERIES OF 1992, AS NON-NEGOTIABLE FOR
CONVERSION, AS IDENTIFIED BY THE DEPARTMENT OF AGRICULTURE (DA):
PROVIDED, THAT PRIOR TO THE ENACTMENT OF AN ORDINANCE
RECLASSIFYING AGRICULTURAL LANDS, THE SANGGUINAN CONCERNED
MUST FIRST SECURE THE FOLLOWING CERTIFICATES FORM THE
CONCERNED NATIONAL GOVERNMENT AGENCIES (NGAS):

(1) A CERTIFICATION FROM THE DA INDICATING: 1) THE TOTAL
AREA OF EXISTING AGRICULTURAL LAND IN THE LOCAL
GOVERNMENT UNIT (LGU) CONCERNED; II) THAT SUCH LANDS.
ARE NOT CLASSIFIED FOR CONVERSION OR
RECLASSIFICATION UNDER AO 20 (1992); AND Ill) THAT THE
LAND HAS CEASED TO BE ECONOMICALLY FEASIBLE FOR
AGRICULTURAL PURPOSES;

(2) A CERTIFICATION FROM THE DEPARTMENT OF AGRARIAN
REFORM (DAR) THAT SUCH LANDS ARE NOT DISTRIBUTED OR
PROGRAMMED FOR DISTRIBUTION TO AGRARIAN REFORM
BENEFICIARIES; AND €


(3) A CERTIFICATION FROM THE DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES (DENR) INDICATING THAT THE
PROPOSED RECLASSIFICATION IS IDEOLOGICALLY SOUND.

“FAILURE OF SAID NGAS TO ACT ON PROPER AND COMPLETE
APPLICATION FOR SUCH CERTIFICATIONS WITHIN THREE (3) MONTHS
FROM RECEIPT OF THE SAME SHALL BE DEEMED AS APPROVAL THEREOF.
THAT SUCH RECLASSIFICATION SHALL BE LIMITED TO THE FOLLOWING
PERCENTAGE OF THE TOTAL EXISTING AGRICULTURAL AREA, AT THE TIME
OF THE PASSAGE OF THE ORDINANCE: And, Provided, further, That such
reclassification shall be limited to the following percentage of the total existing
agricultural area, at the time of the passage of the ordinance:

(Q) Xxx

(2) XXX

(3) XXX
(b) XXX

*(c) The local government units shall, in conformity with existing laws,
continue to prepare their respective comprehensive land use plans enacted
through zoning ordinances which shall be the primary and dominant bases for
the future use of land resources: Provided, That THE NPAA IN THE LOCAL
GOVERNMENT CONCERNED AND the requirements for food production,
human settlements, and industrial expansion shall be taken into consideration
in the preparation of such plans.

“(@) [ When approval by a national agency is required for
reclassification, such approval shall not be unreasonably withheld. Failure to
act on a proper and complete application for reclassification within three (3)
months from receipt of the same shall be deemed as approval hereof. ]
NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REPEALING,
AMENDING , OR MODIFYING IN ANY MANNER THE PROVISIONS OF RA NO.
6657.”

SEC. 6. SEPARABILITY CLAUSE -- If any provision of this Act or the
application of such provision to any person or circumstance is held invalid for any
reason, the remainder of this Act or the application of such provision to other
provision or circumstances shall not be affected thereby.

SEC. 7, PENALTIES -- Failure of concerned local government units to preserve
protected areas for agriculture within their jurisdictions shall be grounds for
disciplinary action, as provided for in Section 60 of the local government code.

SEC. 8. EFFECTIVITY -- This Act shall take effect immediately upon approval.

Approved,