EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES

HOUSE BILL No. 6487

Introduced by Representative JANETTE LORETO-GARIN, MD, MBA-H

AN ACT
PROVIDING FOR A MAGNA CARTA OF AGRICULTURAL DEVELOPMENT
WORKERS
EXPLANATORY NOTE

For most countries, high productivity growth in the agricultural sector has been a key driver of
structural transformation promoting a long-term economic growth’.

In the case of the Philippines, where agriculture is still a dominant key player — it has yet to play
@ pivotal role in the economy of the country. Other industries posted growth rates of 7-8%, but
agriculture has only shown an average growth of one percent (1%)?.

Our agriculturists, agricultural engineers, fishery technologists, veterinarians, and agricultural
technicians are the subsets comprising the universal set of our agricultural workers. They are the
drivers that lay down the foundation of an inclusive growth, a high-trust and resilient society, and
a globally-competitive knowledge economy in the agriculture sector. To strengthen their rights
through the proposition of having a Magna Carta for them is a recognition of their role and
contributions, and eventually - this will yield into a more progressive PH agri-sector.

This proposed measure is vital in unlocking the full potential of our agriculture workers and is a
‘commitment in boosting our human capital development.

In view thereof, the passage of this bill is earnestly sought.

RIN, MD, MBA-H

ture

* Rosegrant et al. (2016) The Economywide Impacts of Climate Change on Philippe Agr
‘Agribusiness Committee ofthe American,

2 As presented by NEDA ASec for Regional Development Ms. Mercedita Sombila dur
Chamber of Commerce (2019)
3 contained in Philippine Development Plan (POP) Overall Strategic Framework 2017-2022


EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES. )
First Regular Session )
HOUSE OF REPRESENTATIVES
6487
HOUSE BILL No.

Introduced by Representative JANETTE LORETO-GARIN, MD, MBA-H

AN ACT
PROVIDING FOR A MAGNA CARTA OF AGRICULTURAL DEVELOPMENT
‘WORKERS

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

ARTICLE I
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Magna Carta of
Agricultural Development Workers".

Sec. 2. Declaration of Policy. - It is hereby declared a policy of the State to
accelerate the development and modernization of Philippine agriculture and improve
the economic and social well-being of agricultural development workers as well as
their working conditions 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 and the modernization of the
Philippine Agriculture.

Sec. 3. Definition of Terms. — As used in this Act:

(a) Agricultural Development Workers — shall mean all persons who are
engaged in agricultural development activities and all persons employed in
the Department of Agriculture (DA), including its bureaus and attached
agencies, Local Government Units (LGUs), State Colleges and Universities
(SUCs) and concerned government and private institutions, and shall
include agriculturist, agricultural engineers, fishery technologists,

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veterinarians, agricultural technicians, agricultural employees,
administrative and support personnel employed regardless of their
employment status;

(b) Agriculturist — shall refer to a person who is a graduate of a course in
agriculture or any related course registered and license with the
Professional Regulation Commission (PRC) who performs any of the
specialized activities such as agronomy, horticulture, animal husbandry,
entomology, plant pathology, plant breeding, agricultural economics,
agricultural extension, and marketing;

(c) Agricultural Engineer — shall refer to a person registered with the PRC
performing engineering activities in agriculture, particularly on areas of
farm power and machinery, irrigation and drainage, soil and water
conservation, agricultural buildings and structures, agricultural processing,
and postharvest facilities;

(d) Fishery Technologist — shall refer to a person who is a graduate of a course
in fisheries and registered and licensed with the PRC performing activities
on fisheries and aquaculture, and, fishery production and processing;

(e) Veterinarian — shall refer to a person registered with the PRC performing
professional activities on veterinary services such as disease prevention,
control, and animal health;

(f) Agricultural Technician — shall refer to a trained or skilled agricultural
worker who is not necessarily a college graduate and certified by the
Technical Education and Skills Development Authority (TESDA) performing
job such as plant nursery propagator, farm mechanic and agricultural
machinery operator and other related skilled job in agricultural production,
processing, and marketing;

(g) Agricultural Extension Worker — shall refer to an agriculturist, agricultural
engineer, fishery technologist and veterinarian who helps farmers and
fishermen in the promotion of agricultural and fisheries development plans,
programs and projects through the use of extension the theologies,
concepts and principles; and,


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(h) Agricultural Employee - is a person who is a graduate of Agriculture,
Agricultural Engineering, Fisheries, Veterinary Medicine or any other
agriculture- related course from any recognized college or university and
in holder of an appropriate civil service but not a licensed professional
under the PRC who is employed in the government, non-government
organization or private institution who performs activities on agriculture
development.

Sec. 4. Coverage. —This act shall cover all Agricultural Development Workers
of the government, non-government organizations and private institutions and shall
include agriculturists, agricultural engineers, fishery technologists, veterinarians,
agricultural technicians, agricultural employees, farm workers, administrative and
‘support personnel employed regardless of their employment status.

ARTICLE IT
EMPLOYMENT AND CAREER DEVELOPMENT

Sec. 5. Recruitment and Qualifications. — The selection and appointment of
agricultural development workers shall be in accordance with the merit and fitness
principle: Provided, That he/she has the appropriate civil service eligibilities and/or
professional license, educational qualification, skills and related work experiences.

Sec. 6. Employment Assistance. - There shall be employment opportunities
for the graduates of agriculture and fishery related courses who are certified and
licensed to practice their profession and/or perform specialized works by the PRC and
TESDA, respectively.

In line with this, the Department of Labor and Employment (DOLE), together
with academic institutions, PRC, TESDA and the Department of Trade and Industry
(DTI) shall undertake employment promotion of the produced agricultural
development workers in the domestic and foreign market and adopt and implement a
National Employment Program for Agricultural Development Workers.

Sec. 7. Professionalization of Government Agricultural Services. - There shall
be support on the professionalization of agricultural services of the government by
ensuring the appropriate position titles, just compensation and benefits of the

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agricultural development workers relative to the implementation of the government's
agricultural programs.

For this purpose, the DA, together with CSC, Department of Budget and
Management (DBM), Department of the Interior and Local Government (DILG), and
in coordination with the recognized national associations of agricultural development
workers shall review the existing functions, responsibilities, position, titles,
qualifications and allocations of the agricultural development workers employed at the
DA, LGUs and concerned government agencies, and to reallocate, reclassify and/or
match them with appropriate position, titles and compensation. It shall likewise adopt
the existing CSC agricultural positions with corresponding salary grade.

Sec. 8. Mandatory Positions of Agricultural Development Workers in Local
Government Units. - The creation of the following positions are hereby made
mandatory in addition to the prescribed position under the Local Government Code of
1991, as amended:

i. Provincial Agricultural Engineer;
ji. Provincial Fishery Officer;
iii. City Agricultural Engineer;
iv. City Veterinarian;
v. — City Agriculturist; and,
vi. Municipal Agriculturist.

The LGUs shall create staffing pattern for agricultural development workers.

Sec. 9. Performance Evaluation and Merit Promotion. - The Secretary of
Agriculture in consultation with CSC, DOLE and recognized national associations of
agricultural development workers shall prepare a uniform career and personnel
development plan applicable to all agricultural development workers. Such career and
personnel development plan shall include provisions on merit promotion, performance
evaluation, in-service training grants and incentives awards system. The performance
evaluation plan shall consider foremost the improvement of individual employee
efficiency and organizational effectiveness: Provided, that each employee shall be

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informed regularly by his/her supervisor of his/her performance evaluation. Provided
further, That the merit promotion plan shall be in consonance with the rules of the
csc

Sec. 10. Transfer of Geographical Reassignment of Agricultural Officers and
Employees. - No transfer of geographical reassignment shall be made or effected
without a written notice to the agricultural development worker concerned stating
therein the reason for such: Provided, That said written notice shall be made thirty
(30) days prior to the date of transfer or reassignment and that if the employee
concerned disagrees with the order of transfer or reassignment, he/she may appeal
said order with CSC or DOLE, as the case may be: Provided further, That pending
appeal, such transfer or reassignment shall be held in abeyance: Provided
furthermore, That no transfer or reassignment whatsoever shall be made three (3)
months prior to any local or national elections: Provided finally, That the necessary
expenses of the transfer and/or reassignment of the agricultural worker or employee
and his/her immediate family shall be paid by the Philippine Government.

Sec. 11. Security of Tenure. - Any agricultural development worker holding a
permanent position in the government shall not be terminated except for cause:
Provided, That in the event the agricultural development worker is found to be unjustly
dismissed by CSC, he/she shall be entitled to reinstatement without loss of seniority
rights and back wages with twenty per centum (20%) interest to be computed from
the time compensation is withheld up to the reinstatement. Provided however, that if
the agricultural development worker does not desire to be reinstated, he/she shall be
entitled to back wages and separation pay with twenty per centum interest.

Sec. 12. Married Agricultural Development Worker. — Whenever possible, the
proper authorities shall take steps to enable married couples both of whom are public
agricultural development workers, to be employed or assigned in the same or adjacent
city/municipality.

Sec. 13. Code of Conduct. - All Agricultural Development Workers must be
guided by the Code of Ethics, as adopted by the Secretary of Agriculture in
consultation with CSC, DOLE, and concerned stakeholders.


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Sec. 14. Normal Hours of Work. - The normal hours of work of an agricultural
development worker shall not exceed eight (8) hours a day or forty (40) hours a week.
Hours of work shall include:

i. the time the agricultural worker is required to be on active duty or to be

at a prescribed workplace;

ii, the time which an agricultural development worker is permitted to work;

and,

ili. the time which an agricultural development worker is required to work

in a place other than the prescribed workplace.

Sec. 15. Overtime Work— Where the exigencies of the service so require, any
agricultural development worker, whether in government or non-government service,
may be required to render service beyond the normal eight (8) hours a day, inclusive
of Saturday and Sunday and non-working holidays. In such cases, the agricultural
development worker shall be given additional compensation in accordance with the
existing applicable laws.

Sec. 16. Personnel Required. — All offices, firms and establishments either
government or private, and farmer organizations and cooperatives engaged in the
production, processing, handling and marketing of agriculture and fisheries products
and likewise implementing projects related to irrigation, farm mechanization,
postharvest facilities and agricultural infrastructures shall employ the required number
and/or engage the services of agriculturists, agricultural engineers, fishery
technologists and veterinarians to perform professional services.

Provided, That there shall be no understaffing and/or overloading of
agricultural development workers. The ratio of staff to clientele shall be such as to
reasonably effect a sustained quality of agricultural service at all times without
overworking the agricultural development workers and over-extending their services.
Only qualified professional shall occupy the agriculturist, agricultural engineer, fishery
technologist and veterinarian in all government instrumentalities, non-government
organization and private firms and establishments;


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Provided further, That in cases that the LGU decides to employ additional
agricultural development workers, they shall be exempted in the prescribed ceiling for
personnel services by the DBM provided such positions shall be filled up within one
(1) year after its creation. Provided furthermore, That the national government shall
allocate the necessary funds for the hiring of additional agricultural development
workers in cases of overloading of personnel in specific areas of assignment of
concerned government offices.

ARTICLE III
RIGHTS, BENEFITS, AND REWARDS

Sec. 17. Freedom from Interference or Coercion. — It shall be unlawful for any
person to commit any of the following acts of interference or coercion:

a.) to require as a condition of employment that the agricultural development

worker shall not join an organization or union;

b.) to discriminate in order to encourage or discourage membership in any
agricultural development workers organization or union;

c.) to prevent an agricultural development worker from carrying out his/her
duties and functions in his/her organization or union or to penalize him/her
for any lawful action performed in that capacity;

d.) to harass or to intimidate an agricultural development worker or prevent.
him/her from performing duties and functions; and,

e.) to perform acts that will diminish the independence and freedom of the
union or organization to direct its own affairs.

Sec. 18. Discrimination Prohibited. — An agricultural development worker shall
not be discriminated by reason of creed, gender, political belief, civil status, religious
belief and ethnic grouping in the exercise of his/her profession.

Sec. 19. Safeguards in Administrative Proceedings. - In every administrative
proceeding, an agricultural development worker shall have:

a.) the right to be informed of the charges;

b.) the right to full access to evidence against him/her;

c.) the right to defend himself/herself through counsel of his/her choice;

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

e.) the right to appeal to designated authorities;

f.) the right to cross-examine witnesses and to processes for the production of
witnesses;

g.) the right to reimbursement for 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 their respective officers and employees to ensure fairness and
impartiality in prosecution.

Sec. 20. Right to Join Organizations. — Agricultural development workers shall
have the right to freely join organizations or unions for purposes not contrary to law,
in order to protect their mutual interest and to seek redress of grievances through
peaceful concerted activities. The various national organizations of agricultural
development workers shall be consulted in the formulation of national education
policies and professional standards, and in the formulation of national policies and

programs on agriculture of the government.

Provided, that the government shall ensure that the agricultural development
workers organizations are represented in the national and local Agricultural and
Fishery Councils, local development councils and other policy making and consultative
bodies of the government.

Sec. 21. Criteria for Incentives and Rewards System. — the reward and incentive
system for agricultural development workers provided under this Act, which will
encourage them to stay in the service, promote their productivity and reward them
for extraordinary performance shall be governed and funded by DA with the following
criteria:

a.) Honorarium — form of remuneration for services rendered beyond the
established workload of agricultural development workers whose broad and
superior knowledge and expertise contribute to agricultural productivity and
innovativeness;


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b.) Incentive pay — form of remuneration given to individuals whose services
in management, administration, policy making and support contribute to
the efficient and effective implementation of the agricultural and fisheries
program of the government,

c.) Performance Bonus — form of remuneration given to the agricultural
development workers for performance that exceeds established targets;
and,

d.) Other incentives that DA and LGUs may establish.

The DA is hereby mandated to create a committee to formulate the mechanics

relative to this provision.

Sec. 22. Other Compensation and Benefits. - All agricultural development

workers shall be entitled to the following additional compensation and benefits:

a.) Representation Allowance Travelling Allowance (RATA) —- all
Provincial/City/Municipal Agriculturist, Veterinarians, Agricultural Engineers
and Fisheries Officers shall be entitled to RA equivalent to the Department
Head of the LGUs;

b.) Hazard Allowance - All agricultural development workers assigned in
difficult areas, strife-torn or embattled areas, distressed or isolated stations,
animal/plant/fisheries breeding station, plant nurseries, plantations and
demonstration farms, laboratories especially those handling x-rays,
radioisotopes, chemicals, etc., sea-borne patrols, construction and
installation of agricultural infrastructure projects, and other areas declared
under a state of calamity or emergency which exposes them to great
danger, occupational risk or perils of life shall be compensated with hazard
allowance equivalent to at least twenty-five per centum (25%) of the
monthly basic salary;

c.) Subsistence Allowance — All agricultural development workers who are
required to render services in the communities, institutions, animal and
plant breeding nurseries, plantations and demonstration farms and other
banner programs and projects DA and/or LGU in order to make their

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services available at all times, shall be entitled to full daily subsistence
allowance of three (3) meals, incidental expenses and other actual expenses
that may be incurred while on official function, which shall be computed in
accordance with the prevailing circumstances;

d.) Longevity Pay — A longevity pay equivalent to five per centum (5%) of the
monthly basic pay shall be paid to an agricultural worker for every (3) years
of continuous, efficient and meritorious services rendered;

e.) Clothing Allowance — All agricultural development workers shall be entitled
to a clothing allowance in accordance with approved laws and regulations
or as mandated by law;

f.) Housing — All agricultural workers who are in tour of duty and those who,
because of unavoidable circumstances, are forced to stay in the institution
or community with living quarters shall be entitled to such quarters for free;
Provided, That if such living quarters are not available, their workers shall
receiving housing allowance: Provided further, That said allowance shall be
reviewed periodically and adjusted for inflation;

g.) Compensation for injuries — Agricultural development workers shall be
protected against work-related injuries in accordance with the Labor Code
or Civil Code as the case may be;

h.) Medical Examination — During the tenure of their employment, agricultural
development workers personnel shall be given a compulsory free medical
examination once a year and immunization as the case may warrant. The
medical examination shall include:

i. Complete physical examination;
ii. Routine laboratory;

iii. Dental examination; and,

iv. Other indicated examination

Provided, That the cost of such medical examination shall be included as

automatic appropriation in said entity’s annual budget.

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i.) On-Call Pay — In case of “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 or employee is called upon the respond to an urgent or
immediate need or relief work during emergencies such that the agricultural
worker cannot utilized 1 his/her time for personal needs: Provided, That no
agricultural worker shall be placed in an “On-Call” status beyond seven (7)
days;

Motor and Vehicle Loan — All agricultural development workers shall be

entitled to avail of the motor and vehicle load of DA. The government shall

provide adequate budgetary support for their purpose; and,

k.) Highest Basic Salary Upon Retirement — Three (3) prior to the compulsory
retirement, the agricultural development worker shall automatically be
granted one (1) salary range or grade higher than his/her basic salary and
his/her retirement benefits thereafter, computed on the basis of his/her
highest salary: Provided, That he/she has reached the age and fulfilled
service requirements under existing laws.

ARTICLE IV
HUMAN RESOURCE DEVELOPMENT
Sec. 23. Training Program. — The DA together with the DOLE, PRC, Commission

on Higher Education (CHED) and DILG shall formulate and implement a
comprehensive training programs for the agricultural development workers as part of
the Continuing Professional Development (CPD) Program as mandated by the PRC
and Human Resource Development Program of the LGUs. Provided, That adequate
budgetary support shall be provided by the national government; Provided further,
that the trainings conducted by Agricultural Training Institute (ATI) for Agricultural
Development Workers shall be credited as part of the CPD Program requirements of
the PRC.

Sec. 24. Scholarship Program. - The Agricultural Development Workers and

students on agriculture, agricultural engineering, fishery, and veterinary medicine

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courses shall have full access and priority allocation on the scholarship program of the
government.

Sec. 24. Capability Assessment. — The DA shall conduct a periodic agricultural
development worker resource development/management study into, among others,
the following areas:

a.) Types and amounts of resources to include the ratio of personnel -clientele

based on the geographical area and program coverage;

b.) Adequacy of facilities and supplies to render quality agricultural extension
services;

c.) Opportunity for agricultural development workers to grow and develop their
potentials and experience a sense of worth and dignity in their work. Those
who undertake agriculture related postgraduate studies shall be entitled to
an upgrading in their position or raise in pay of two (2) steps higher or its
equivalent to his/her current salary;

d.) Mechanisms for annual regional consultation on the welfare of agricultural
development workers;

e.) Staffing patterns and standard of agricultural extension services. Existing
recommendations on staffing and standards of agricultural extension
services shall be immediately and strictly enforced;

f.) Ways and means of enabling the rank-and-file workers to avail of education
opportunities for personal growth and development;

g.) Upgrading of working conditions, reclassification positions and salaries of
agricultural development workers to correct disparity vis-a-vis other
profession such that position requiring longer study to upgrade and given
corresponding pay scale; and,

h.) Assessment of the national policy on exportation of skilled agricultural
development workers resource to focus on how these resources could
instead be utilized productivity for the country’s needs.

There is hereby created a Congressional Commission on Agricultural Extension

Services (CAESCOM) to review, assess and impose the implementation of human
resources development in agricultural extension services, to include the Continuing

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Professional Education and Training and the other areas described above. The
Commission shall be composed of five (5) members from the House of
Representatives and five (5) members from the Senate. It shall be co-chaired by the
chairperson of the committee on agriculture of both houses. It shall render a report
and recommendation to the Congress which shall be the basis for policy legislation in
the field of agriculture. Such a congressional review shall be undertaken once every
five (5) years.

ARTICLE V
ADMINISTRATION AND ENFORCEMENT

Sec. 26. Composition of the Agricultural Officers and Employees Consultative
Council. - 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 Agriculturists, throughout the
country as well as from the list submitted by the Agriculture and Fishery Council
Chairman, Provincial Agriculture and Fishery Council Chairman and the National
Agriculture and Fishery Chairman.

Sec. 27. Penalties. - Any person who shall willfully interfere with, restrain or
coerce any agricultural development workers in the exercise of his/her rights or shall
violate any of the 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
additional to the penalties provided in the preceding paragraph, shall impose the
additional penalty of disqualification from office of such offending public official.

Sec. 28. Appropriations. - The amount necessary to carry 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.

Sec. 29. Implementing Rules and Regulations. - The Secretary of DA, together
with the DOLE, CSC, DILG, and in consultation with the national organizations of

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agricultural development workers shall formulate and prepare necessary rules and
regulations in implementing the provisions of this Magna Carta.

Sec. 30. Separability Clause. — If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in
full force and effect.

Sec. 31. Repealing Clause. — All laws, presidential decrees, executive orders,
rules and issuance or parts thereof inconsistent with the provisions of this Act and
Section 484 of the Local Government Code are hereby repealed or modified
accordingly.

Sec. 32. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the official gazette or in a newspaper of general circulation.

Approved,

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