Republic of the Philippines yo
HOUSE OF REPRESENTATIVES // 5
i {a

Quezon City (3

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NINETEENTH CONGRESS \ an

First Regular Session

House Bill No. 1700

Introduced by Representatives
HORACIO P. SUANSING, JR. and MIKAELA ANGELA B. SUANSING

AN ACT
INSTITUTING THE FARMERS AND FISHERFOLK ASSISTANCE FUND
AND PROVIDING PENALTIES FOR ITS ILLEGAL USE

EXPLANATORY NOTE

In more recent years, several exogenous factors, such as a more volatile global
commodity market and more extreme changes in environmental conditions have challenged the
welfare of the members of our local agricultural and fishery sectors. Given the injurious effects
of these factors, the Philippine Government has effectively sought out to alleviate the burden
caused to our farmers and fisherfolk by funneling public funds towards building essential

itetnctee and disbursing sector-specific financial assistance through the Department of
Agricult

This laudable development, however, would not prove as effective in the long run
without instituting a formidable legal safeguard against the possible extraction of government
funds, purposed for assistance to agricultural and fishery sectors, by authorities tasked with its
disbursal. Given the aforementioned economic shocks that already adversely affect the
livelihood of our farmers and fisherfolk, this Government ought to establish barriers against
potential extortive behavior and ensure that any monetary assistance granted to our farmers and
fisherfolks is duly directed towards their welfare.

is measure primarily seeks to empower our local farmers and fisherfolks by
establi ne a voucher system through which they may apply for financial assistance to regional
offices of the Department of Agriculture, for the purpose of purchasing farm inputs, equipment,
and other tools that may aid the cultivation and farming of crops and other types of agricultural
Produce. It also aims to strengthen the public accountability of regional officers of the
Department of Agriculture by mandating that they completely account and submit all covering
documents) to the regional internal auditor, to the Department's national office and to the
pealicr ae Oversight Committee within 30 days of fund disbursement, in lieu of strong
penalties also included herein.



lly, and most importantly, this measure endeavors to provide strong legal protection
against the unlawful diversion, misuse and/or misappropriation of funds earmarked for the use
of farmers and fisherfolks by criminalizing acts related to such behavior, and recommends the
imposition of criminal penalties on acts related to using such funds for political endeavors, such
as for election purposes.

‘There has long been a calll for strong legal protection for our local agricultural and fishery
sectors and the public funds provided for them by the Government. Irreversible mistakes were
made in the past that have adversely impacted the development of agriculture and fishery in our
country, and given that our country will only achieve its goals of inclusive economic progress
if all sectors are equitably supported, our Government ought to fully commit to these sectors”
growth and development. By establishing institutional and legal safeguards for its members, this
measure endeavors to effectuate such a commitment.

In|view of the foregoing, the approval of this bill is earnestly sought. !

HORAC! . SUANSING, JR.

24 District of Sultan Kudarat

This bill was filed by Reps. Horacio P. Suansing, Jr. and Rep. Estrellita B. Suansing during the 18 Congress.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
| First Regular Session

House Bill No. 17 00

Introduced by Representatives
HORACIO P. SUANSING, JR. and MIKAELA ANGELA B. SUANSING

AN ACT

INSTITUTING THE FARMERS AND FISHERFOLK ASSISTANCE FUND.

| AND PROVIDING PENALTIES FOR ITS ILLEGAL USE

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

assei

mbled:

SECTION 1. Short Title. — This Act shall be known as the "Farmers and Fisherfolk

Assit

Fund Act."

SECTION 2. Declaration of Policies. — It is the policy of the State to effectively assist
and provide funds for the needs of farmers, fisherfolks and others in the agricultural sector,

and

insulating the same from misuse, misappropriation or diversion, by imposing penalties

for violation thereof.

SECTION 3. Definition of Terms. — As used in this Act, the term:

A)Farmers shall refer to natural persons cultivating, planting, marketing and
distributing crops, vegetable, fruits and other agricultural products from land and
| sea and shall include fisherfolk;

B) Other Farmers shall refer to corporation, associations, cooperatives, foundations,
non-government organizations (NGOs), people's organization and artificial
beings with juridical capacity involved in similar activities stated in paragraph (a)
hereof as done by farmers;

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

implements and equipment necessary for cultivation, development, improvement

p)Farm Use shall refer to seedlings and fertilizers including farm tools, gadgets,
|_ or fertilization of farmlands, orchards, and other agricultural lands: and

P Department shall refer to the Department of Agriculture.


SECTION 4. Requisition, Release and Disbursement of Funds. — Any provision of laws
tothe notwithstanding the requisition, release and 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
themselyes shall determine and requisition the farm inputs, implements and other farm uses
as they need and submit such vouchers to the Regional Office of the Department for
approval of the Regional Director and shall be released 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
agricultiral farm inputs, implements, and other farm uses, the Regional Office may release
ly to the requesting farmer, in which case, he shall immediately submit all the
documents to the internal auditor in the region who shall, not later than thirty (30)
such receipt, submit his audit report to the national office of the Department
charged with monitoring of 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:

) Diversion, misuse, or misappropriation of the funds, of a portion thereof , or of
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 of 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;
vided, however, that if such funds or farm uses be utilized for election purposes,
joney laundering, or other illegal and unlawful activities, the penalty imposed shall
in the maximum period; Provided, finally, that in the event it is established that
use of the whole or a portion of the fiund or farm uses also constitutes the crimes

of plunder, the penalty for plunder as prescribed, shall be applied:

B) Any farmer, group, corporation, association, cooperative, foundation, NGO,
people's organization, or other artificial being with juridical capacity granted with
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 or
fraudulent requisition; or misuse or misappropriation of the fund or farm uses, shall
be punishable with imprisonment of not less than ten (10) years but not more than
fifteen (15) years; Provided, however, that in case of a corporation, 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,



SECTI
Act shi
Thereaft
shall be is

I be liable in their personal capacity and suffer the penalties provided herein,

sis the individuals composing it shall prove that he/she never took part in the
| on and benefited from the proceeds of the funds or 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

(6) years but not more than twelve (12) years; and

Any other violation of this Act shall be punishable with imprisonment of not
than five (5) years but not more than ten (10) years.

IN 7. Appropriations. — The amount needed for the initial implementation of this
| be charged against the appropriations of the Department of Agriculture.
., such sums as may be necessary for the continued implementation of this Act
cluded 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.

SECTI
unconstit
continue

IN 9. Separability Clause. — If any provision or part of this Act is declared
tional or invalid, other parts or provisions hereof which are not affected shall
0 be in full force and effect.

SECTION 10. Repealing Clause. — All laws, decrees, executive orders, rules and

regulatiot
are herel

ns and other issuances or parts hereof inconsistent with the provisions of this Act
repealed or modified accordingly.

SECTION 11. Effectivity. — This Act shall take effect fifteen (15) days after its complete

publicati

in the Official Gazette or at least two (2) newspapers of general circulation.

Approved,