Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS

First Regular Session

HOUSE BILL NO. 2004

Introduced by Honorable EULOGIO “LEO” R. RODRIGUEZ

EXPLANATORY NOTE

The State recognizes the hard-pressed life and sacrifices made by the subsistence
farmers and fisherfolk who continue to thrive, persevere to improve quality of life, and toil
each working day in order to make both ends meet, secure a better tomorrow without
worries of the basic human needs.

While the pauper status of subsistence farmers and fisherfolk is common knowledge
today, the State cannot anymore turn a blind eye to the hardships carried by these classes of
workers, and let alone allow them to suffer in retirement. Hence, the State aims to uplift this
predicament with the establishment of a retirement benefit system, and making
appropriations therefor.

The farmers and the fisherfolk for so long look forward to the enactment of this
proposed law, and pray for its full implementation. This act of supporting the subsistence
farmers and the fisherfolk in their retirement is a means to deliver social justice for the relief
of the retired subsistence farmers and fisherfolk.

The importance of Social Justice is embodied in Article XIII, Section 1 of the 1987
Constitution which states that "The Congress shall give highest priority to the enactment of
measures that protect and enhance the right of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and
political power for the common good."

Through the proposed law, the existence of social justice would be solidified further
as the humanization of laws and the equalization of social and economic forces by the state
so that justice in its rational and objectively secular conception may at least be
approximated.

For the subsistence farmers and fisherfolk of the Philippines, the passage of the
proposed law is earnestly being sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City
NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No,2004

Introduced by Honorable EULOGIO “LEO” R. RODRIGUEZ

AN ACT CREATING FOR THE RETIREMENT BENEFITS FOR SUBSISTENCE
FARMERS AND FISHERFOLK, AND APPROPRIATING THE FUNDS

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

Section 1. Short Title. - This Act shall be known as the “Subsistence Farmer and
Fisherfolk Retirement Act”

Section 2. Definition of Terms. - As used in this Code, the following terms and
phrases shall mean as follows:

(1) Farmer — a person whose occupation is to tilt, toil, graze, raise, plant, water,
fertilize, manage, propagate, burn, recycle, prepare and accustom the land,
pond or any territory for purposes of growing plants and animals, harvesting
thereof, and earning from the said aforementioned acts or in relation thereof,
and such earnings thereof is capable of pecuniary estimation. This
encompasses fish farming (pond farming), ranch, growing of livestock for
human consumption, hydroponic planting, among others, and excludes virtual
and intangible accumulation of assets, and those matters in relation to shares
of stocks or shares and other financial instruments whether or not trading to
a registered exchange.

(2) Fisherfolk - a person who catches fish for a living or for sport.

(3) Subsistence farmers — farmers that utilize nearly all of the crops or livestock
raised to maintain the farmer and the farmer's family, leaving little, if any,
surplus for sale or trade.

(4) Subsistence fisherfolk — fisherfolk that utilize all catches of fish, sea products
and related goods to maintain the fisherfolk and the fisherfolk's family,
leaving little, if any, surplus for sale or trade.


Section 3. Coverage and conditions. — This Act shall apply only to the following
subsistence farmers and fisherfolk with all of the following applicable conditions:

a. Who are at least sixty (60) years old;
b. Duly Registered with the Department of Agriculture as a subsistence farmer
or subsistence fisherfolk;

Farmers who own no farmlands;

|. Fisherfolk who own no more than one (1) banca;

. Practices no other profession;

Not gainfully employed with any employer;

. Not an awardee of any agrarian reform lands;

. Not a recipient of any government annuity, grant or endowment at the time

of claiming of the retirement, death or survivorship benefits;

i, Must submit at least ten (10) sworn statement or affidavits of neighbors
within the same barangay stating that the applicant for the retirement, death
or survivorship benefits is in fact a bona fide subsistence farmer or
subsistence fisherfolk;

j. Must have been registered and actual farmer or fisherfolk for at least fifteen
(15) years, provided that owners or operators of farmlots who are not
actually involved in the land preparation, planting, tilling or harvesting shall
not be illegible; and

k. Not a member of any Ancestral Tribe, terrorist group, rebellious organization,
and should not have any pending criminal or administrative cases at the time
of claiming of the benefits.

se-pao

Section 4. Retirement Benefits. - The qualified subsistence farmer or subsistence
fisherfolk shall be entitled to a monthly pension of Php 5,000.00 starting from the
time of approval of the application for retirement. This amount shall be adjusted for
every five (5) years pursuant to the recommendation of the National Economic
Development Authority (NEDA) and must be approved by the President.

Section 5. Death Benefits. — A qualified subsistence farmer or subsistence fisherfolk
shall be entitled to Php 10,000.00 death benefits to be received by the heirs. This
amount shall be adjusted for every five (5) years pursuant to the recommendation of
the National Economic Development Authority (NEDA) and must be approved by the
President. This death benefit can be availed of the registered subsistence farmer or
subsistence fisherfolk even before reaching the age of sixty (60) years old.

Section 6. Gender Equality and Sensitivity. - This Act is not only limited to male
subsistence farmer or subsistence fisherfolk. The female gender who qualifies must
therefore register as such. Married couples may both registered in order to avail of
the retirement, death and survivorship benefits.

Section 7. Survivorship Benefits. - The widow or widower who was married with
the qualified subsistence farmer or subsistence fisherfolk shall be entitled to 50% of
the monthly retirement benefits until the death thereof, and the children if any shall
be entitled to the remaining 50% to be divided among themselves, if the age is


eighteen (18) years and below, otherwise no other surviving children shall be
entitled to the said benefit.

Section 8. Retrospective Application. - This Act shall apply retrospectively
beginning from 1 July 2022 the first day of office of the Seventeenth (17) President
of the Republic of the Philippines.

Section 9. Appropriations. - The amount necessary for the initial implementation of
this Act shall be charged against the current years savings 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 10. Duty of the Secretary of the Department of Agriculture. - The
Secretary of the Department of Agriculture shall within six (6) months from the
effectivity of this Act issue an Implementing Rules and Regulations (IRR) as to the
determination of a reasonable and equitable manner of registering qualified
subsistence farmer and subsistence fisherfolk.

Section 11. Separability Clause. — If, for reason any section or provision of this Act
is declared to be unconstitutional or invalid, the other sections or provisions of this
Act which are not affected shall continue in full force effect.

Section 12. Repealing Clause. — All acts, laws decrees, executive orders, letters of
instructions and regulations or any part thereof which are inconsistent with any
provision of this Act are hereby repealed and or modified accordingly.

Section 13. Effectivity. - This Act shall take effect after fifteen (15) days after its

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

Approved,