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HuuSE OF REPI

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES pave 13: JUL 2016
Quezon City :
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BY:

SEVENTEENTH CONGRESS

First Regular Session REGISTRATION UNIT

ts | BILLS AND INDEX SERVICE
House Bill No, L918

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT
TO PROMOTE AGRI-TOURISM IN THE PHILIPPINES AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Agritourism refers to a working farm, ranch, winery, or any agricultural operation being
opened for public visitation for their enjoyment, outdoor recreation activities, education,
shopping, dining or even lodging. The country's topography is very ideal for agri-tourism and
this is precisely what the proposed Bill is seeking to develop.

Agri-tourism has been adopted by a number of States in America which has proven to
provide additional opportunities for farmers, farm owners, and producers, to generate
additional income. It has also helped increase employment opportunities in the community
as well as the revenue of their local government. Further, agri-tourism provides a venue for
affordable and easily accessible family outings.

In addition, the proposed Bill gives tax credits to registered agri-tourism activities to help
offset the expenses of venturing into agri-tourism. Also, it seeks to provide technical
assistance to farmers who wish to enter the agri-tourism business.

In view of the foregoing benefits, the immediate approval of this measure is earnestly
sought.

l,
GLORIA‘-MACAPAGAL ARROYO

2” District, Pampanga



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. L919

Introduced by Representative GLORIA MACAPAGAL ARROYO.

AN ACT
TO PROMOTE AGRI-TOURISM IN THE PHILIPPINES AND FOR
OTHER PURPOSES

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

SECTION 1. Short Title. — This Act shall be known as the “Agri-Tourism Promotion
Act of 2016.”

SECTION 2. Definition of Terms. — As used in this Act, the following terms shall be
construed to mean as follows:

(@) _“Agri-tourism activity” means any activity carried out on a
farm or ranch or in a forest that allows members of the general public, for
recreational, entertainment, or educational purposes, to view or enjoy rural
activities, including farming, ranching, historical, cultural, harvest-your-
own, or nature-based activities and attractions. An activity is an agri-
tourism activity whether or not the participant paid to participate in the
activity.

(b) “Agritourism professional” means any person who is
engaged in the business of providing one or more agti-tourism activities,
whether or not for compensation


(c) “Farm” means the land, buildings, support facilities,
machinery, and other appurtenances used in the production of farm or
aquaculture products, including land used to display plants, animals, farm
products, or farm equipment to the public.

(d) “Inherent risks of agri-tourism activity’ means those dangers
or conditions that are an integral part of an agri-tourism activity including
certain hazards, including surface and subsurface conditions, natural
conditions of land, vegetation, and waters, the behavior of wild or
domestic animals, and ordinary dangers of structures or equipment
ordinarily used in farming and ranching operations. Inherent risks of agri-
tourism activity also include the potential of a participant to act in a
negligent manner that may contribute to injury to the participant or others,
including failing to follow instructions given by the agri-tourism
professional or failing to exercise reasonable caution while engaging in the
agri-tourism activity,

(e) _ ‘Participant’ means any person, other than the agri-tourism
professional, who engages in an agri-tourism activity

(f) “Person” means any individual, fiduciary, firm, association,
juridical person, unit of government, or any other group acting as a unit.

SECTION 3. Provision of Assistance. - The Department of Agriculture and the
Department of Trade and Industry may provide marketing advice, technical expertise,
promotional support, and product development related to agri-tourism to assist the
Department of Tourism, convention and visitor bureaus, tourist development councils,
economic development organizations and local governments in their agri-tourism
initiatives. In carrying out this responsibility, both departments shall focus its agri-
tourism efforts on rural and urban communities.

SECTION 4. Impact of agri-tourism in land classification. - (1) In order to promote
and perpetuate agriculture throughout the State, farm operators are encouraged to
engage in agri-tourism. The conduct of agri-tourism activity on a bona fide farm or on
agricultural lands classified as such shall not limit, restrict, or divest the land of that
classification.

(2) Local governments and agricultural representatives shall meet for the
purpose of discussing the benefits of agri-tourism to local economies and opportunities
for cooperation, conflict resolution, regulatory streamlining, and incentives.

SEcTION 5. Registration of Agri-tourism Operations. —-A voluntary registration
process of agri-tourism operations in the Philippines is hereby established to be kept by
the Department of Agriculture.


The registration must include a description of the agri-tourism activity/activities
conducted and the location of the agri-tourism operation.

There is NO fee for registration and the list will be made available to the public by
the Department of Agriculture.

All registered operations will be promoted by the Department of Agriculture and
the Department of Tourism in conjunction with all other tourism and rural development
promotions.

Registration is valid for five (5) years.
SECTION 6. Liability of Agri-tourism Professional. -

(1) Except as provided in subsection (2) of this section, an agri-tourism
professional is not liable for injury to or death of a participant resulting from the inherent
risks of agri-tourism activities, so long as the warning contained in Section 7 is posted
as required. Moreover, except as provided in subsection (2) of this section, no
participant or participant's representative can maintain an action against or recover from
an agri-tourism professional for injury, loss, damage, or death of the participant resulting
exclusively from any of the inherent risks of agri-tourism activities.

(2) Nothing in subsection (1) of this section prevents or limits the liability of an
agri-tourism professional if the agri-tourism professional does any one or more of the
following

(a) Commits an act or omission that constitutes negligence or
willful or wanton disregard for the safety of the participant, and that act or
omission proximately causes injury, damage, or death to the participant.

(b) Has actual knowledge or reasonably should have known of a
dangerous condition on the land, facilities, or equipment used in the
activity or the dangerous propensity of a particular animal used in such
activity and does not make the danger known to the participant, and the
danger proximately causes injury, damage, or death to the participant

(3) Any limitation on legal liability afforded by this section to an agri-tourism
professional is in addition to any other limitations of legal liability otherwise provided by
law.

SECTION 7. Warning Signage at Agri-tourism Locations. -

(1) Every agri-tourism professional must post and maintain signs that contain the
warning notice specified in subsection (2) of this section. The sign must be placed in a
clearly visible location at the entrance to the agri-tourism location and at the site of the
agri-tourism activity. The warning notice must consist of a sign in black letters, with


each letter to be a minimum of one inch in height. Every written contract entered into by
an agri-tourism professional for the providing of professional services, instruction, or the
rental of equipment to a participant, whether or not the contract involves agri-tourism
activities on or off the location or at the site of the agri-tourism activity, must contain in
clearly readable print the warning notice specified in subsection (2) of this section

Also, all registered operations shall provide to participants a written description of
the registered agri-tourism activities upon request. This signage provides that
participants are assuming responsibility of any inherent risk provided, however, that this
Act does NOT limit the liability for wilful or wanton conduct by any agri-tourism
operators

(2) _ The signs and contracts described in subsection (1) of this section must
contain the following notice of warning:

“WARNING:

Under Philippine law, there is no liability for an injury to or death of a
participant in an agri-tourism activity conducted at this agri-tourism
location if such injury or death results from the inherent risks of the agri-
tourism activity. Inherent risks of agri-tourism activities include, among
others, risks of injury inherent to land, equipment, and animals, as well as
the potential for you to act in a negligent manner that may contribute to
your injury or death. You are assuming the risk of participating in this agri-
tourisin activity.”

(3) Failure to comply with the requirements concerning warning signs and
notices provided in this subsection will prevent an agri-tourisin professional from
invoking the privileges of immunity provided in this Act.

SECTION 8. Tax Credit for Agri-tourism Activities. - The Department of Finance
shall be given the task to craft rules and regulations pertaining to the determination of
which costs qualify as agri-tourism liability insurance

The tax credit is an amount equal to 20% of the agri-tourism liability insurance
not to exceed P50,000.00 in any tax year.

If the tax credit exceeds the total amount of income taxes owed for that year, the
difference can be rolled over to the next tax year.

This tax credit is available fm the first five tax years commencing after they open
their agri-tourism operation


The limited liability is afforded to agri-tourism operations that charge for their
activities and those that do not charge for their activities, so long as the signage is in
place.

SECTION 9. Injury to Trespassers on Agricultural Land. — A person or organization
owning, controlling, or possessing an interest in agricultural real property, or an agent of
such person or organization, shall not he held liable for negligence related to such
property that results in the death of, injury to, or damage to a person who has engaged
or is engaging in conduct on the property that is unlawful under either Section 11 or
Section 12 or unlawful trespassing by such person incident to such conduct on the
property.

SECTION 10. Posting of Signs on Agricultural Lands. —

(1) Signs are placed not more than 500 feet apart along, and at each corner of,
the boundaries of the land, upon which signs there appears prominently, in letters of not
less than 2 inches in height, the words "No Trespassing” and in addition thereto the
name of the owner, lessee, or occupant of said land. Said signs shall be placed along
the boundary line of posted land in a manner and in such position as to be clearly
noticeable from outside the boundary line; or

(2) Conspicuous no trespassing notice is painted on trees or posts on the
property, provided that the notice is:

(a) Painted in an international orange color and displaying the
stenciled words “No Trespassing” in letters no less than 2 inches high and
1 inch wide either vertically or horizontally;

(b) _ Placed so that the bottom of the painted notice is not less
than 3 feet from the ground or more than 5 feet from the ground; and

(©) Placed at locations that are readily visible to any person
approaching the property and no more than 500 feet apart on agricultural
land.

Upon enactment of this Act, when a landowner uses the painted no trespassing
posting to identify a “no trespassing” area, those painted notices shall be accompanied
by signs complying with subparagraph 1 and placed conspicuously at all places where
entry to the property is normally expected or known to occur.

SECTION 11. Removing of Notices on Agricultural Lands. - It is unlawful for any
person to willfully remove, destroy, mutilate, or commit any act designed to remove,
mutilate, or reduce the legibility or effectiveness of any posted notice placed by the
owner, tenant, lessee, or occupant of legally enclosed or legally posted land pursuant to
any law of the Philippines for the purpose of legally enclosing the same.


Any person violating the provisions of this section shall be guilty of a
misdemeanor.

SECTION 12. Separability Clause. — If any provision or part thereof, is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SECTION 13. Repealing Clause. — Any law, presidential decree or 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 14. Effectivity Clause. — This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,