FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Sessiou 
) 
SENATE 
S.NO. 367 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
This bill seeks to promote Agritourism in the country which combines the elements of 
tourism and agriculture industry to help improve farm income. Agritourism is done when 
a working farm, ranch, winery, or any agricultural operation is opened to the public to 
visit for their enjoyment, outdoor recreation, activities, education, shopping, dining or 
lodging. 
Agritourism has been adopted by a number of States in America which provided 
additional opportunities for farmers, farm owners, and producers, to generate additional 
income. It also helped increase employment opportunities in the community as well as 
the revenue of their local government. Further, it provides a venue for affordable and 
easily accessible family outings. 
This proposed measure gives tax credits to registered agritourism activities to help offset 
the expenses of venturing into agritourism. Also, it seeks to provide technical assistance 
to farmers who wish to enter the agritourism business. 
In view of the foregoing, immediate approval of this measure is earnestly sought. 
I 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. NO. 367 
Introdnced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
TO PROMOTE AGRlTOURlSM IN THE PHILIPPINES AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled. 
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Section 1. Short Title. - This,Act shall be known as the "Agritourism Promotion 
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Act of2010" 
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Sec. 2. Definition of Terms. - As used in this section, the term-
(1) 
"Agritourism activity" means any activity carried out on a farm or ranch 
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or in a forest that allows members of the general public, for recreational, entertainment, 
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or educational purposes, to view or enjoy rural activities, including farming, ranching, 
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historical, cultural, harvest-your-own, or nature-based activities and attractions. An 
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activity is an agritourism activity whether or not the participant paid to participate in the 
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activity, 
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(2) 
"Agritourism professional" means any person who is engaged in the 
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business of providing one or more agritourism activities, whether or not for 
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compensation. 
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(3) 
"Farm" means the land, buildings, support facilities, machinery, and other 
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appurtenances used in the production of farm or aquaculture products, including land 
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used to display plants, animals, farm products, or farm equipment to the public. 
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(4) 
"Inherent risks of agritourism activity" those dangers or conditions that are 
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an integral part of an agritourism activity including certain hazards, including surface and 
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subsurface conditions, natural conditions ofland, vegetation, and waters, the behavior of 
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wild or domestic animals, and ordinary dangers of structures or equipment ordinarily 
used in farming and ranching operations. Inherent risks of agritourism 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 
agritourism professional or failing to exercise reasonable caution while engaging in the 
agritourism activity. 
(5) 
"Participant" any person, other than the agritourism professional, who 
engages in an agritourism activity. 
(6) 
"Person" an individual, fiduciary, firm, association, partnership, limited 
liability company, corporation, unit of govemment, or any other group acting as a unit. 
Sec. 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 agritourism to .. assist the 
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following in their agritourism initiatives: Depaliment of Tourism; convention and visitor 
bureaus; tourist development councils; economic development organizations; and local 
governments. In ca,nying out this responsibility, both departments shall focus its 
agritourism efforts on rural and urban communities. 
Sec. 4. Impact of agritourism in land classification. -
(I) 
In order to promote and perpetuate agriculture throughout the state, farm 
operations are encouraged to engage in agritonrism. The conduct of agritourism 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 govemments and agricultural representatives shall meet for the 
purpose of discussing the benefits of agritourism to local economies and opportunities for 
cooperation, conflict resolution, regulatory streamlining, and incentives. 
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Sec. 5. Registration of Agritourism Operations. - The act creates a voluntary 
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registration process of agritourism operations in the Philippines to be kept by the 
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Department of Agriculture. 
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The registration must include a description of the agritourism activity/activities 
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conducted and the location of the agritourism operation. 
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There is NO fee for registration and the list will be made available to the public 
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by the Depmiment of Agriculture. 
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All registered operations will be promoted by the Department of Agriculture and 
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the Department of Tourism in conjunction with all other tourism and rural development 
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promotions. 
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Registration is valid for five years. 
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Sec. 6. Liability of Agritourism ProfessionaL-
(I) 
Except as provided in subsection (2) of this section, an agritourism 
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professional is not liable for injury to or death of a participant resulting from the inherent 
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risks of agritourism activities, so long as the warning contained in Section 8 is posted as 
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required and, except as provided in subsection (2) of this section, no participant or 
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participant's representative can maintain an action against or recover from an agritourism 
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professional for injury, loss, damage, or death of the participant resulting exclusively 
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from any of the inherent risks of agritourism activities. In any action for damages against 
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an agritourism professional for agritourism activity, the agritourism professional must 
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plead the affinnative defense of assumption of the risk of agritourism activity by the 
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participant. 
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(2) 
Nothing in subsection (I) of this section prevents or limits the liability of 
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an agritourism professional if the agritourism professional does anyone or more of the 
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following: 
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(3) 
(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) 
H,as 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 
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the danger proximately causes injury, damage, or death to the 
participant. 
Any limitation on legal liability afforded by this section to an agritourism 
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professional is in addition to any other limitations of legal liability otherwise provided by 
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law. 
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Sec. 7. Wamillg Sigllage at AgritourislII Locatiolls. -
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(I) 
Every agritourism professional must post and maintain signs that contain 
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the warning notice specified in subsection (2) of this section. The sign must be placed in 
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a clearly visible location at the entrance to the agritourism location and at the site of the 
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agritourism activity. The warning notice must consist of a sign in black letters, with each 
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letter to be a minimum of one inch in height Every written contl"act entered into by an 
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agritourism professional for the providing of professional services, instruction, or the 
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rental of equipment to a participant, whether or not the contract involves agritourism 
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activities on or off the location or at the site of the agritourism activity, must contain in 
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clearly readable print the warning notice specified in subsection (2) ofthis section. 
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Also, All registered operations shall provide to participants a written description 
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of the registered agritourism activities upon request. This Signage provides that 
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participants are assuming responsibility of any inherent risk. The agritourism promotion 
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act does NOT limit the liability of willful or wanton conduct by any agritourism 
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operators. 
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(2) 
The signs and contracts described in subsection (1) of this section must 
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contain the following notice of warning: 
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<OW ARNING: 
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Under Philippine law, there is no liability for an injury to or death of a participant in 
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an agritourism activity conducted at this agritourism location if such injury or death 
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results from the inherent risks of the agritourism activity. Inherent risks of agritourism 
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activities include, among others, risks of injury inherent to land, equipment, and animals, 
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as well as the potential for you to act in a negligent manner that may contribute to your 
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injury or death. You are assuming the risk of participating in this agritourism activity." 
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(3) 
Failure to comply with the requirements concerning warning signs and 
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notices provided in this subsection will prevent an agritourism professional from 
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invoking the privileges of immunity provided by this Article." 
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Sec. 8. Tax Crellit for AgritourislII Activities. - The Department of Finance shall 
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be given the task to craft rules and regulations pertaining to the detennining of which 
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costs qualify as agritourism liability insurance. 
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The tax credit is an amount equal to 20% of the agritourism liability insurance not 
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to exceed P50,000 in any tax yew'. 
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If the tax credit exceeds the total amount of income taxes owed for that year, the 
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ditference can be rolled over to the next tax year. 
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This tax credit is available for the first five tax years commencing after they open 
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their agritourism operation. 
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The limited liability is afforded to agritourism operations that charge for their 
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activi ties and those that do not charge for their activities, so long as the signage is in 
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place. 
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Sec. 9. If/jury to Trespassers on Agricultural Land. - A person or organization 
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owning, controlling, or possessing an interest in agricultural real property, or an agent of 
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such person or organization, shall not be held liable for negligence related to such 
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property that results in the death of, injury to, or damage to a person who has engaged or 
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is engaging in conduct on the property that is unlawful under either Section II or Section 
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12 or unlawful trespassing by such person incident to such conduct on the property. 
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Sec. 10. Posting of Signs on Agricultural Lands. -
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(1) 
Signs are placed not more than 500 feet apart along, and at each comer of, 
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the boundaries of the land, upon which signs there appears prominently, in letters of not 
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less than 2 inches in height, the words "No Trespassing" and in addition thereto the name 
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of the owner, lessee, or occupant of said land. Said signs shall be placed along the 
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boundary line of posted land in a manner and in such position as to be clearly noticeable 
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from outside the boundary line; or 
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(2) 
Conspicuous no trespassing notice is painted on trees or posts on the 
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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 I 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 
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(c) 
Placed at locations that are readily visible to any person approaching the 
property and no more than 500 feet apart on agricultural land. 
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Upon enactment of this bill, when a landowner uses the painted no trespassing 
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posting to identify a "no trespassing" area, those painted notices shall be accompanied by 
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signs complying with subparagraph 1. and placed conspicuously at all places where entry 
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to the property is nonnally expected or known to occur. 
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Sec. 11. Removing of Notices on Agricultural Lands. - It is unlawful for any 
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person to willfully remove, destroy, mutilate, or commit any act designed to remove, 
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mutilate, or reduce the legibility or effectiveness of any posted notice placed by the 
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owner, tenant, lessee, or occupant of legally enclosed or legally posted land pursuant to 
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any law of the Philippines for the purpose of legally enclosing the same. 
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Any person violating the provisions of this section shall be guilty of a 
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misdemeanor. 
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Sec. ] 2. Separability Clause. - If any provision or part thereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall 
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remain valid and subsisting. 
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Sec. 13. Repealing Clause. -:- Any law, presidential decree VI issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to, or 
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inconsistent with the provisions of this Act is hereby repealed, modified or amended 
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accordingly. 
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Sec. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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