Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

4602

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

So

AN ACT
PROVIDING FOR A MAGNA CARTA OF
AGRICULTURE AND FISHERY DEVELOPMENT WORKERS.

EXPLANATORY NOTE

The backbone of our country’s economy remains to be hinged on the
agriculture and fisheries industries. More than ever before, the country faces the
challenge of achieving food security under the looming threat of a global food
crisis caused by, among others, spiraling fuel and energy costs and the
degradation of the world's natural resources.

Thus, the landmark Agriculture and Fisheries Modernization Act of 1997
{AFMA) provides the policies and plans to the continuing modernization and
development of the agriculture and fisheries sector amid the ever-changing
demands of globalization and food security.

The success of AFMA depends on the men and women who comprise the
agriculture and fishery development workers. This bill seeks to accelerate the
development and modemization of Philippine agriculture and more importantly,
improve the economic and social wellbeing of agriculture and fishery
development workers as well as their working condition and employment status.

The bili affirms the rights of workers identified as follows: {a) security of
tenure; (b) prohibition of discrimination; (c) safeguards in administrative
privileges; (d) normal working hours and overtime work; (e) training and
scholarship; (f) right to join organization; (g) freedom from interference ot


coercion; and (h) human resource development. The bill also Provides for an
incentives and rewards system.

In view of the foregoing, the passage of the bill is eamestly sought.

DIOSDADO -APAGAL ARROYO GLORIA wforan ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 4602

introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
PROVIDING FOR A MAGNA CARTA OF
AGRICULTURE AND FISHERY DEVELOPMENT WORKERS.

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

SECTION 1. Title. - This Act shall be known as the “Magna Carta of
Agriculture and Fishery Development Workers Act of 2011.”

SECTION 2. Declaration of Policy. — lt is hereby declared the policy of the
State to accelerate the development and modemization of Philippine agricutture
and improve the economic and social well-being of agriculture and fishery
development workers as well as their working condition and employment status.
The State shall likewise develop their skills, knowledge, orientation and
capabilities so that they will become more responsive and effective in providing
the necessary services for countryside development.

SECTION 3. Definition of Terms. — As used in this Act, the following terms.
shall be construed to mean as follows:

(a) Agricultural Engineer - shall refer to a person registered with the
Professional Regulation Commission performing engineering activities in
agriculture, particularty on areas of farm power and machinery, irrigation
and drainage, soil and water conservation, agricultural buildings and
infrastructure, agricultural processing and post-harvest facilities.


(b) Agricultural Extension Worker - shall refer to an agriculturist,
veterinarian, agricultural engineer, aquaculturist, nutritionist or home
extensionist who helps farmers and fishermen in the promotion of
agricuttural and fishery development pans, programs and projects through
the use of extension methodologies, concepts and principles.

(c) Agricultural Technician - shall refer to a trained or skilled agricuttural
worker but not necessarily a college graduate, performing activities such
as plant nursery propagator, plant breeder and farm mechanic.

(@) Agriculture and Fishery Development Workers - shall mean all persons
who are engaged in agriculture and fishery development activities and all
persons employed in the Department of Agriculture including its bureaus
and attached agencies, Local Government Units and concemed
goverment institutions, state universities and colleges, vocational and
technical schools and training institutions, and shall include aquaculturists,
veterinarians, agricultural engineers, nutritionists, agricultural extension
workers, agricultural technicians and operators, allied agricultural
professionais, administrative and support personnel employed regardless
of their employment status. They are graduates of either agricutture,
fisheries, animal science, animal husbandry or any other related course
from a recognized college or university and are holders of appropriate civil
service eligibility or its equivalent.

{e) Agriculturist - shall refer to a person who is a graduate of a four (4)
year course in agriculture or any related come performing any of the
specialized activities such as agronomy, horticulture, animal husbandry,
entomology, plant pathology, plant breeding, agricuttural economics,
agricuttural extension and marketing,

(f) Aquacutturist - shalt refer to a person who is a graduate of a four (4)
year course in fisheries and aquaculture, and fishery production and
processing.

(g) Nutritionist - shall refer to a person registered with the Professional
Regulation Commission performing activities related to dietary and proper
nutrition.

(h) Veterinarian - shall refer to a person registered with the Professionas
Regulation Commission performing professional activities on veterinary
services such as disease prevention, control and animal health.

SECTION 4. Coverage. — This Act shall cover alt eligible Agriculture and
Fishery development workers, agricuitural practitioners in government and all
those promoted/appointed as provincialmunicipal/city agricutturist. and as


Department Heads of the Local Government Units under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991; Provided, That the
Civil Service Commission, as the case may be, develops and administers
specialized examination for purposes of providing appropriate efigibilities to
Positions.

SECTION §. Recruitment and Qualifications. — The Position of the
Municipal Agricutturist shall be mandatory. In the absence of a Municipal
Agriculturist, the position of the agricuftural officer whe is occupying the highest
Position in the municipality shall automatically be converted to Municipal
Agricuiturist. The selection and appointment of agricultural officers/employees
‘shall be in accordance with the merit and fitness principle; Provided, That he/she
is an eligible agriculture/fishery officer and/or employee.

SECTION 6. Performance Evaluation and Merit Promotion. - The
Secretary of Agriculture, upon consultation with the Civil Service Commission
and the recognized national associations of agricultural development workers
shall prepare a uniform career and personne! development plan applicable to all
agricultural and fishery development workers. Such career and personnel
development plan shall include provisions on merit promotion, performance
evaluation, in-service training grants, jab rotation and incentive awards ‘system.

SECTION 7. Composition. — The composition of the Agricultural Officers
and Employees Consultative Council shall be determined from the list submitted
by the Regional Association of Municipal/City Agricultural Officers and Provincial
Agricutturists, throughout the country as well as from the list submitted by the
Agriculture and Fishery Councii Chairman, Provincial Agriculture and Fishery
Council Chairman, Regional Agriculture and Fishery Council Chairman and the
National Agriculture and Fishery Councit Chairman.

SECTION 8. Transfer of Geographical _Reassignment of
Agricutture/Fishery Workers. — Except in the interest of public service, no transfer
oF geographical reassignment shalt be made or effected without a written notice
to the agricultureffisheries development workers concerned stating therein the
reasons for such, Provided, That said written rictice shall be made at least thirty
(30) days prior to the date of transfer or reassignment; Provided, further, That if
the agriculture/fishery worker concemed believes that there is no justification for
the transfer and/or reassignment, he/she may appeal his/her case to the Civil
Service Commission, which shail cause his/her reassignment to be held in
abeyance; Provided, furthermore, That transfer or reassignment coinciding with
any local or national election shall be made in compliance with the Omnibus
Election Code of the Philippines, as amended, and other existing laws and rules;
Provided, finally, That the necessary expenses of the transfer and/or
reassignment of the agricultureffishery worker or employee and his/her
immediate family shail be paid for by the Government.

we


SECTION 9. Safeguards in Administrative Proceedings. — In every
administrative proceeding, an agricutture/fishery development worker shall have:

(a) the right to be informed of the charges in writing;
(b) the right to full access to the evidence in the case;

(c) the right to defend himselfherself or to be defended by a counsel of
his/her choice;

(d) the right to be given adequate time to prepare his/her defense, which
shall in no case exceed twenty (20) days;

(@) the right to appeal to designated authorities;

(f} the right to confront witnesses presented against his/her and summon
witnesses in his/her behalf;

(g) the right to reimbursement of reasonable expenses incurred in his/her
defense in case of exoneration or dismissal of the charges; and

(h) such other rights provided by other national agencies and local
government units to its respective officers and employees so as to ensure
faimess and impartiality in the proceedings.

SECTION 10. Code of Conduct. ~ All agriculture/fishery development
workers must be guided by a code of ethics not contrary to law, moral standards,
safety, health, public policy and public order. The code of conduct of
agriculture/fishery development workers shall be prepared by the Secretary of
Agricutture in consultation with the recognized national associations of
agricultural development workers.

SECTION 11. Nommal Hours of Work. - The normal hours of work of any
agriculture/fishery development worker shall not exceed eight (8) hours a day or
forty (40) hours a week. Hours of work shail include: (a) the time during which
the agriculture/ishery development worker is required to be on active duty or to
be at a prescribed workplace; and (b) the time during which an agricultureffishery
development worker is required to work in a place other than the prescribed
workplace.

SECTION 42. Overtime Work. —Whete the exigencies of the service so
require, any agriculture/fishery development worker may be required to render
service beyond the normal eight (8) hour workday, inclusive of Saturdays,
Sundays and, non-working holidays. In such case, the agricultureffishery
development worker shall be given an additional compensation in accordance
with existing laws.


SECTION 13. On-Call Pay. — In cases of “On-Call” status, the
agriculturefishery development worker shall be entitled to an “On-Call ~ pay
equivalent to fifty per centum (50%) of his/her regular wage. “On-Call” status
refers to a condition when an agricultural officer/employee is called upon to
respond to urgent or immediate need or relief work during emergencies such that
the agriculturefishery development worker shall not be put on “On-Call” status
beyond seven (7) days.

SECTION 14. Married Agricuiture/Fishery Development Worker. —
Whenever possible, the proper authorities shall take steps to enable married
couples, both of whom are public workers, to be employed or assigned in the
same municipatity/city.

SECTION 15. Basic Compensation. — The existing taw on the salary scale
of goverment employees shall apply in determining the salaries of
agricutture/fishery development workers.

SECTION 16. Hazard Allowance. — Any agriculturefishery development
worker assigned in difficult areas, strife-torn or embattled areas, distressed or
isolated animal/plant/breeding station, and other areas declared under a stale of
calamity or emergency, which expose them to great danger, volcanic
activityeruption, occupational risks or perils of life, shall be compensated with
hazard allowance equivalent to at least twenty per centum (20%) of their monthly
basic salary.

SECTION 17. Subsistence Allowance. - Any agricultureffishery
development worker who is required to render service in the communities,
institutions, animat and plant breeding stations, fish sanctuaries/nurseries,
planiation and demonstration farms and other banner programs and project of
the Department of Agriculture, in order to make their services available at all
times, shall be entitled to full daily subsistence allowance of three (3) meals
which shall be computed in accordance with the prevaifing circumstances.

SECTION 18. Longevity. — A longevity pay equivalent to five per centum
(5%) of the monthly basic pay shall be paid to an agriculture/fishery development
worker for every three (3) years of continuous, efficient and meritorious services
rendered.

SECTION 19. Clothing Allowance. ~ All agricultural employees shall be
entitled to a clothing allowance in accordance with the approved laws and
regulations or as mandated by law.

SECTION 20. Other Privileges and Benefits. - These refer to the
privileges and allowances granted by the National Government to the
Department of Agriculture officers and employees such as, but not limited to,

us


anniversary bonus, loyalty, productivity pay and amelioration pay. These
allowances shall also be granted to the devolved agricutture/fishery development
worker and shall be paid by the National Government.

SECTION 21. Retirement Benefit. — All agriculture/fishery workers shall be
entitled to terminal pay; Provided, however, That the number of years rendered
by the devolved personnel in the national level shall be paid by the Department
of Agriculture upon retirement including the accrued leave credits while the
services rendered to the Local Goverment Units shall be paid where they are
devolved/assigned regardless of any promotion availed; Provided, further, That
all government employees, both locally and nationally hired on June 1, 1977 who
are covered under Presidential Decree No. 1146 dated May 31, 1977, shall not
feceive any lump sum retirement but will, instead, receive a monthly pension of
Two Thousand Seven Hundred Fifty Pesos (P2,750.00) only regardless of the
salary received. In view hereof, Presidential Decree No. 1146 dated May 31,
1977 shall not apply to all officers and employees of the Department of
Agriculture as well as to the devolved personnel and those appointed as
AgricutturisyDepartment Head under Republic Act No. 7160, including
agricultural practitioners in the government service; Provided, finally, That under
ne circumstances shall Presidential Decree No. 1 146 dated May 3 1, 1977 be
repealed by this Act.

SECTION 22. Housing. — All agricutture/fishery development workers who
are on tour of duty and those who because of unavoidable circumstances are
forced to stay in the regionalfield office/agency, community, etc. shalt be entitled
to free living quarters within the regional/field office/agency. If such quarters are
not available, he/she shall be entitled to housing allowance as may be
determined by the appropriate government agencies concemed: Provided, That
the rate shall be periodically adjusted for inflation.

SECTION 23. Compensation from Injuries. - Agricultureffishery
development workers shall be protected against work-related injuries in
accordance with the Civil Service Law. Injuries incurred while doing overtime
work shall be presumed work-connected.

SECTION 24. Right to Join Onganizations, - Agriculture/fishery
development workers shall have the right to freely join any organization or union
for purposes not contrary to law, in order to defend and protect their mutual
interest and to obtain redress of grievances through peaceful concerted activities:
Provided, That undes no circumstance shall government agriculture and fishery
development workers join, declare, stage, or form any strike or cessation of
services.

SECTION 25. Freedom from Interference of Coercion. — It shall be
unlawful for any person to commit any of the following acts of interference or
coercion:


{@) to require as condition for employment that the agricutture/fishery
development worker shall not join an agricuttural organization or union;

(b) to discriminate in order to encourage or discourage membership in any
agriculture/fishery development workers’ organization or union;

(c) to prevent an agriculturefishery development worker from carrying out
his duties and functions in the agricuttural work organization or union or to
penalize his/her for any lawful action performed in that capacity:

{d) to make calculated harassment and interference with the intention of
intimidating or preventing the agriculture/fishery development worker from
performing his/her duties and functions; and

(©) to perform acts calculated to diminish the independence and freedom
of the union or organization to direct its own affairs.

SECTION 26. Consuitation. - The Department of Agriculture shall consult
professional and agricultural work organizations or unions in formulating policies
to govem the welfare and security of the agriculture and fishery development
workers.

SECTION 27. Human Resource Development. — The Department of
Agricuiture shall conduct human resource development and management studies
in the following areas:

(@) adequate facilities and resources to render quality agriculture and
fishery services to the clientele;

{b) opportunity for the agricutture/fishery development worker to grow and
develop his/her potentials and to experience a sense of worth and dignity
in his/her work;

(¢) mechanism for democratic consuttation;

(4) ways and means of enabling rank and file agriculture and fishery
development workers to attain viable education opportunities for personal
growth and development; and

(@) staffing patterns and qualification standards for agriculture and fishery
development workers to ensure that farmers and fisherfolks receive quality
services.

SECTION 28. Rules and Regulations. — The Secretary of the Department
of Agriculture in consultation with the Department of Labor and Employment, Civil


Service Commission, National Labor Relations Commission, Department of
Interior and Local Government, and the national organizations of agriculture and
fishery development workers shall formulate and prepare the necessary rules
and regulations in implementing the provisions of this Magna Carta

SECTION 29. Penal Provisions. — Any person who shall willfully interfere
with, restrain or coerce any agricultureffishery development worker in the
exercise of his/her right or shall in any manner commit any act in violation of any
provisions of this Act shall, upon conviction, be punished by a fine of not less
than Twenty Thousand Pesos (P20,000.00) but not more than Forty Thousand
Pesos (P40,000.00) or imprisonment of not more than one (1) year, or both, at
the discretion of the court. If the offender is a public official, the court, in addition
to the penalties provided in the preceding paragraph, may impose the additional
Penalty of disqualification from office of such offending pubiic official.

SECTION 30. Funding. — The amount necessary to cary out the
provisions of this Act shall be included in the General Appropriations Act of the
year following its enactment into law and every year thereafter.

SECTION 31. Separability Clause. ~ If any provision of this Act is declared
unconstitutional or invalid, the other provisions thereof not affected thereby shall
continue to be in full force and affect

SECTION 32. Repealing Clause. — All laws, presidential decrees, orders,
tules and regulations or issuances inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

SECTION 33. Effectivity Clause. — This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.

Approved,