Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS

First Regular Session

House Bit No,___ 4141

INTRODUCED BY REPRESENTATIVE MARIA LOURDES ACOSTA-ALBA

EXPLANATORY NOTE

‘The Philippines is an agricultural country with a total land area of 30 million
hectares. Of this figure, 13 million hectares representing 43% of the country’s total
land area is devoted to agricultural crops, livestock, and inland fishery production.
About 50% of the Philippine population is dependent on fishery, farming, and
agriculture-related industries as a source of livelihood. Indeed, agriculture remains
the linchpin for economic growth.

Agriculturists, agricultural engineers, fishery technologists, veterinarians,
and agricultural technicians comprising the class of “agricultural workers” that are
produced by agricultural-based educational institutions and whose technical and
professional expertise are certified by the Professional Regulation Commission and
the Technical Education and Skills Development Authority plays a vital role in the
development and modernization of the Philippine agriculture. They provide the
necessary assistance and professional services to the farmers and fisher folks in
managing the farms for increased farm profitability and productivity.

This bill acknowledges the role and contributions of government agricultural
workers by affirming their rights, and providing a mechanism for career
development. Needless to say, personal fulfilment allows for a better sense of
responsibility,

In view of the foregoing, approval of this bill is 7, sought.

ha ade bu

LOURDES ACOSTA-ALBA
First District, Bukidnon

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS
First Regular Session

House BiLNo,_ 4141

INTRODUCED BY REPRESENTATIVE MARIA LOURDES ACOSTA-ALBA

AN ACT
PROVIDING FOR A MAGNA CARTA OF AGRICULTURAL DEVELOPMENT
WORKERS

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

ARTICLE I
‘TITLE OF THE ACT, DEFINITION OF TERMS, AND COVERAGE

SECTION 1. Title. - This Act shall be known as the “Magna Carta of
Agricultural Development Workers.”

SEC. 2. Declaration of Policy - The State shall promote and improve the
social and economic well-being of Agricultural Development Workers, their living
and working conditions and terms of employment. It 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, the modernization of the Philippine Agriculture and help achieve
Food Security and Self-Sufficiency.

SEC. 3. Definition of Terms. -

a) Agricultural Development Workers shall mean all persons who-are
engaged in agricultural development activities and all persons employed
in the Department of Agriculture including its bureaus and attached
agencies, Local Government Units (LGUs), State Colleges and
Universities and concerned government and private institutions, and
shall include agriculturists, agricultural engineers, _ fishery
technologists, 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 four year
course in agriculture or any related course registered and license with
the Professional Regulation Commission who performs any of the
specialized activities such as agronomy, horticulture, animal

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husbandry, entomology, plant pathology, plant breeding, agricultural
economics, agricultural extension and marketing;

Agricultural Engineer shall to a person registered with the Professional
Regulation Commission performing engineering activities in agriculture
and fisheries, particularly on areas of farm power and machinery,
irrigation and drainage, soil and water conservation, agricultural
buildings and structures, agricultural processing and post harvest
facilities;

Fishery Technologists shall refer to a person who is a graduate of a
four-year course in fisheries and registered and licensed with the
Professional Regulation Commission performing activities on fisheries
and aquaculture, and fishery production and processing;

Veterinarian shall refer to a person registered with the Professional
Regulation Commission performing professional activities on veterinary
services such as disease prevention, control and animal health;

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

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;

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
is holder of an appropriate civil service but not a licensed professional
under the Professional Regulation Commission who is employed in the
government, non-government organization or private institution who
performs activities on agriculture development.

CSC shall refer to the Civil Service Commission;
DOLE shall refer to the Department of Labor and Employment;

DA shall refer to the Department of Agriculture;

LGU shall refer to the Local Government Unit;

PRC shall refer to the Professional Regulation Commission;

PRBs shall refer to the Professional Regulatory Boards of Agriculture,

‘Agricultural Engineering, Fisheries and Veterinary Medicine under the
Professional Regulation Commission; and

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0)  SUCs shall refer to State Universities and Colleges.

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 II
EMPLOYMENT AND CAREER DEVELOPMENT

SEC. 5. Employment Assistance. - The State hereby ensure and guarantee
the provision of employment opportunities of agricultural development workers
which are being produced in educational institutions and are registered and
licensed by PRC and certified by TESDA. In line with this, the DOLE in
collaboration with educational institutions, PRC, TESDA, DA and DT! shall
undertake employment promotion of agricultural development workers in the
domestic and foreign market and adopt and implement a National Employment
Program for Agricultural Development Workers

SEC. 6. Personnel Required. - All offices, firms and establishments either
government or private, and farmers 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
based on the standards and guidelines to be promulgated by the PRBs concerned;

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;

Provided Further, That the government shall allocate the necessary funds for
the hiring of additional agricultural development worker in cases of over-loading of
personnel in specific areas of assignment of concerned government offices.

SEC. 7. 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,
professional license and required education, training and experiences.

All agricultural and fishery agencies and institutions in government shall be
headed either by a registered Agriculturist, Agricultural Engineer, Fishery
Technologist or Veterinarian depending on the scope and magnitude of the
functions of the particular agency or institution covering the scope of practice of
concerned profession except for Cabinet and non-career positions.

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SEC. 8. Professionalization of Agricultural Development Workers in
Government. - The State shall promote and ensure that agricultural development
workers in the government are accorded with appropriate position titles, just
compensation and benefits and proper professional recognition.

The Agricultural Technologist positions occupied by the Agricultural
Development Workers at the Local Government Units are hereby upgraded or
reclassified into appropriate level of Agriculturist, Agricultural Engineer, Fishery
Technologist, and Veterinarian positions.

‘The following positions are hereby made mandatory at the Local Government
Units in addition to the prescribed position under the Local Government Code of
1991; a) Municipal Agriculturist except for highly urbanized cities; b) Provincial,
City and Municipal Agricultural Engineer; c) Provincial Fishery Technologist; and
d) Municipal Veterinarian

SEC. 9. Performance Evaluation and Merit Promotion. - The Secretary of
Agriculture in consultation with the PRBs, CSC, DOLE and the recognized national
associations of agriculturist, agricultural engineers, fishery technologists,
veterinarians and other agricultural development workers shall prepare a uniform
career and personnel development plan. Such career and personnel development
plan shall include provisions on merit promotion, performance evaluation, in-
service training grants, job rotation and incentives awards system.

SEC. 10. Transfer of Geographical Reassignment of Agricultural Officers and
Employees. ~ No transfer or 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: Provided further, That if
the employee concerned disagrees with the order of transfer or reassignment,
he/she may appeal said order with the Civil Service Commission or the
Department of Labor and Employment, 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 Government,

SEC. 11. Security of Tenure. - An agricultural development workers 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 the Civil Service Commission, 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. However, 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. Code of Conduct ~All agriculturists, agricultural engincers, fishery
technologists and veterinarians must be guided by the Code of Ethics
promulgated by the Professional Regulatory Boards and the Professional Regulation
Commission. The Secretary of Agriculture in consultation with the Civil Service
Commission, Department of Labor and Employment and the concerned

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stakeholders shall adopt a Code of Ethics of other Agricultural Development
Workers not covered by the PRC.

SEC. 13. 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: a) the time the agricultural workers is
required to be on active duty or to be at a prescribed workplace; b) the time which
an agricultural worker is permitted to work; c) the time which an agricultural
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 existing laws on the matter.

SEC. 17. 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
municipality.

ARTICLE IL
RIGHTS, BENEFITS AND REWARDS SYSTEM

SEC. 18. Freedom from interference or coercion. - It shall be unlawful for any
person to commit any of the following acts of interference or coercion:

a) Require as a condition of employment that the agricultural development
worker shall not join an organization or union;

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

©) 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) Harass or intimidate an agricultural development worker or prevent
him/her from performing duties and functions; and

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

SEC. 19. Discrimination Prohibited. - An agricultural development worker
shall not be discriminated by reason of creed, sex, political belief, civil status, and
ethnic grouping in the exercise of his/her profession.

SEC.20. Safeguards in Administrative Proceedings. - In every administrative
proceeding, an Agricultural Worker shall have the following rights:

a) Be informed of the charges;

b) Full access to evidence against him/her;

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©) Defend himself/herself through counsel of his/her choice;

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

e) Appeal any adverse ruling to designated authorities;

1) Cross-examine witnesses and to processes for the production of
witnesses;

2) 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 impartially in prosecution.

SEC. 21. 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
educational 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. 22. 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 by 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;

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
programs of the government}

©) Performance Bonus - form of remuneration given to agricultural
development workers for performance that exceeds established targets;
and

d) Other incentives that the Department of Agricultural and Local
Government may establish.

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SEC. 24. Other Compensation and Benefits. - All agricultural development

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

a) Representation Allowance and Traveling Allowance - All
Provincial/City/Municipal Agriculturist, Veterinarians, Agricultural
Engineers, and Fisheries Officers shall be entitled to Representation
Allowance and Travelling Allowance (RATA) 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 arcas declared under a state of calamity or emergency which
exposes them to great danger, occupational risks or perils of life shall be
compensated with hazard allowance equivalent to at least twenty per
centum (20%) of the monthly basic salary;

) 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
barrier programs and projects 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 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 (8)
years of continuous, efficient and meritorious services rendered;

€) 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,
the workers shall receive housing allowances: Provided, further, That said
allowance shall be reviewed periodically and adjusted for inflation;

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

h) On-Call Pay - In cases of “On-Call” status, the agricultural 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 or employee is called upon to respond to an
urgent or immediate need or relief work during emergencies such that
the agricultural worker cannot utilize 1 his/her time for personal needs:

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Provided. That no agricultural worker shall be placed in an “On-Call”
status beyond seven (7) days; and

i) Motor and Vehicle Loan - All agricultural development workers shall be
entitled to avail of the motor and vehicle loan of the Department of
Agriculture, The government shall provide adequate budgetary support
for this purpose.

ARTICLE IV
HUMAN RESOURCE DEVELOPMENT

SEC. 25. Training Program. ~ ‘The DA together with the DOLE, PRC, CHED
and DILG shall formulate and implement a comprehensive training programs for
the agricultural development workers as part of the Continuing Professional
Development Program and Human Resource Development Program of the LGUs;
Provided, That adequate budgetary support shall be provided by the government;

SEC. 26. Scholarship Program. - The Agricultural Development Workers and
students on agriculture, agricultural engineering, fishery, and veterinary medicine
shall have full access and priority allocation on the scholarship program of the
government.

SEC. 27. Capability Assessment. - ‘The Government and non- government
agencies shall conduct human resource development and management studies in
the following areas:

a) Types and amount of facilities and resources to render quality
agricultural service to the clientele;

b) Venue and opportunities for the agricultural development workers to
grow and develop their potentials and develop a sense of self-worth and
dignity in their work;

c) Mechanisms for democratic consultation;

d) Ways and means of giving rank-and-file agricultural development
workers viable opportunities for education, personal growth and
development; and

¢) Staffing patterns and standards of welfare for agricultural development
workers welfare to ensure that they receive quality care,

ARTICLE V
ADMINISTRATION AND ENFORCEMENT

SEC, 28. Rules and Regulations. - The Secretary of the Department of
Agriculture together with the DOLE, CSC,DILG and PRBs and in consultation with
the national organizations of agricultural development workers shall formulate and
prepare necessary rules and regulations in implementing the provisions of this
Magna Carta.

SEC. 29. Monitoring of Implementation. - The Secretary of Agriculture shall
create a Monitoring Committee which shall monitor the implementation of the

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provisions of this Act. The committee shall be composed of representatives of the
DA, DILG, CSC, PRBs and the recognized national associations of agricultural
development workers: Provided, further, That the Secretary of Agriculture shall
submit semi-annual reports on the status of the implementation of this Act to the
Committee on Agriculture and Food of the House of Representatives and the
Senate.

SEC. 30. Penal Provisions. - Any person who shall willfully interfere with,
restrain or coerce any agricultural development worker 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. 31, Funding. - 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. 32. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, the other provisions thereof affected thereby shall
continue to be in full force and effect.

SEC. 33. Repealing Clause. - All laws, presidential decrees, executive orders,
rules and issuances or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 34, iffectivity. - This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation

Approved,

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