HOUSE OF REPRESENTATIVES
RECEIVED
pare: 26 JUL 2016

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BY:

Republic of the Philippines
HOUSE OF REPRESENTAT!
Quezon City

SEVENTEENTH CONGRESS

First Regular Session RFCISTPATON UNIT

BEALS 4N) Nt X SERVICE
House Bill No, 1976 a

Introduced by Representatives
Estrellita B. Suansing and Horacio P. Suansing, Jr.

EXPLANATORY NOTE

The importance of agriculture on our country cannot possibly be overstated, Tt
is the source of food that propels and sustains the existence of every human being.
Particularly in the Philippines, where rice is the staple diet, agriculture of farming
can never be overlooked and should receive all the support from government.

Sadly and unexpectedly, the Senate Committees on Agriculture and Blue
Ribbon after an in-depth investigation, reported a “systematic, premeditated and
grand agricultural theft” of the fertilizer fund in the amount of roughly Seven
hundred twenty-eight million pesos (P728,000,000.00). This fertilizer fand consists
mainly of farmer contributions and the same was used for the selfish end of certain
political candidates, according to the report.

Amidst all of the lies, chaos and subterfuge are the pitiful farmers who
endlessly toil the lands under the heat of the sun, only to be cheated on the benefits
which they may enjoy from the promise held by the fertilizer fund. A fund which
came from hard-earned money contributions of said farmers,

In view of the aforementioned, this bill seeks to restore order in the system of
requisition, release and disbursement to farmers of funds to be used in the
cultivation and fertilization of farmlands and other lands devoted to the planting of
crops, agricultural food products, fruits and vegetables. In short, a voucher system
that empowers the farmers to apply to the regional office for anything they need,
relative to farming, for approval of the Regional Director and released within » period
not exceeding 60 days from approval of said application, provided, that 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 of Agriculture.

The bill also aspires to establish an internal pre-audit service in which the
Regional Office may release funds directly to the requesting farmer, with the covering
documents to be immediately submitted to the internal auditor in the region, who
shall not later than 30 days from receipt, submit an audit report to the national
office of the DA charged with monitoring the use of the funds, implementation of the
Project and evaluation of the progress of the same,



Moreover, the bill aims to criminalize acts provided therein, such as, but not
limited to, diversion, misuse, or misappropriation of funds intended for farm inputs
and implements; the use of the fund for political purposes, as well as the refusal of
the Regional Director of his subordinate to act or process within the prescribed time
applications of farmers. Penalties of imprisonment depending on the gravity of the
acts are included herein.

Given the magnitude and importance of the role of agriculture in the country,
the passage of this bill is earnestly sought.

HON. HON. HORA‘ SUANSING

1 District, Nueva Ecija 2od Distriét, Sultan Kudarat


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
1976

House Bill No.

Introduced by Representatives
___Estrellita B. Suansing and Horacio P. Suansing, Jr.

AN ACT
INSTITUTING THE FARMERS AND FISHERFOLK ASSISTANCE ACT

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 “Farmers and
Fisherfolk Assistance Act.”

SECTION 2. Declaration of Policy. - It is the policy of the State to
effectively assist and provide funds for the needs of farmers, fisherfolk and others in
the agricultural sector, insulating the funds from misuse, misappropriation or
diversion, imposing penalties for violation thereof.

SECTION 3. Definition of Terms. - As used in this Act

a, Farmers shall 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 shall 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 refer to appropriation from public funds for use included in the
General Appropriations Act, special laws or local ordinances intended
for the farmers;

d. Farm Use refers to seedlings and fertilizers including farm tools,
gadgets, implements and equipment necessary for cultivation,
development, improvement or fertilization of farmlands, orchards, and
other agricultural lands; and

e. Department refers to the Department of Agriculture.

SECTION 4. Requisition, Release and Disbursement of Funds. - Any
provision of law to the contrary notwithstanding, the requisition, release and


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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.

SECTION 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.

SECTION 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 of 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, That if such funds or farm uses be utilized 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 of fraudulent requisition or misuse or
misappropriation of the fund or farm uses, shall be punishable with
imprisonment of not less than ten (10) yeas but not more than fifteen
(15) years; Provided, however, That in case of a corporation,


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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 of 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 but not more than ten (10) years.

SECTION 7. Appropriations. - The amount needed for the initial
implementation of this Act shall be charged against the appropriations of the
Department of Agriculture. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General
Appropriations Act.

SECTION 8. Rules and Regulations. - The Department of Agriculture
shall promulgate the necessary rules and regulations to effectively implement the
provisions of this Act within sixty (60) days from the effectivity hereof,

SECTION 9. Separability Clause. - If any part or provision of this Act is
declared unconstitutional or invalid, other parts or provisions hereof which are not
affected shall continue to be in full force and effect.

SECTION 10. Repeating Clause. ~ All laws, decrees, executive orders, rules
and regulations and other issuances or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SECTION 11. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,