Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.. 2810

Introduced by HON. PRYDE HENRY A. TEVES

EXPLANATORY NOTE

It is hereby declared the national policy to promote comprehensive rural development through
increased agricultural production and the adoption of necessary and sound measures to accelerate the
attainment of self-sufficiency in food, increase equitable access to opportunities and sustained economic
productivity as key strategies to raise the quality of rural life and national development.

This bill is in pursuit of the above goals of achieving genuine rural development through the
promotion and establishment of a vibrant rural agricultural economy anchored on raising farm productivity at
competitive and market sufficiency levels through provision of adequate irrigation infrastructures. and
integrated support services such as. but not limited to, post-harvest services and equipment, credit facilities,
farm-to-market roads, marketing and distribution assistance and complementary infrastructures. This
comprehensive approach 1s geared towards creating an enabling environment for transforming the rural

farmers into self-sufficient producers and entrepreneurs while making the idle, unproductive land the key to
elusive rural progress

This crucial piece of legislative initiative institutionalizes a new wave of accelerated and intensive
irrigation development program within a six-year period as center piece of the goverment efforts and
development imperatives to hasten rural competitiveness, perk-up the economic value of vast idle lands while
ensuring self sufficiency in food for the country's fast increasing population.

This strong legislative response comes at a most opportune time as it jumpstarts the new
administration's fighting target in increased pro-poor investment support in the country’s agriculture potential
as profitable enterprise for the small farmers and rural poor, as much as it presents a viable strategy for rural
development and poverty reduction

Essentially the present measure is a shot in the arm to the failed intent of the ambitious development strategy
through a 10-Year Special Irrigation Development Program, or RA 6978, with provisions for a more realistic
program targets over another six-year period of accelerated irrigation and rural development.

The immediate passage of this New Special Irrigation Program will yet be another forceful response
of this 15" Congress as we spouse a potent strategy to bridge ike participation and access of the rural poor to
the benefits of development.

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HON. ye RY A. TEVES

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Repubtic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS
First Regular Session

2810

HOUSE BILLNO.__

Introduced by HON. PRYDE HENRY A. TEVES

AN ACT
‘TO PROMOTE RURAL DEVELOPMENT 8Y PROVIDING FOR A SIX-YEAR ACCELERATED
IRRIGATION PROGRAM FOR THE CONSTRUCTION AND REHABILITATION OF IRRIGATION
PROJECTS, AND FOR OTHER PURPOSES

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

SECTION 1. Title- This Act shall be known as the “Accelerated Irrigation Act of 2010.”

SEC 2. Declaration of Policy- It is hereby declared the national policy to promote
comprehensive rural development through increased agricultural production and the adoption
of necessary and sound measures to accelerate the attainment of self-sufficiency in food,
equitable access to opportunities and sustained productivity as key strategies to raise the quality
of rural life and national development.

In pursuit of the goals of genuine rural development, the State shall promote a viable
rural agricultural economy by raising farm productivity at competitive and market sufficiency
levels through provision of irrigation infrastructure and comprehensive support services such as,
but not limited to, post-harvest services and equipment, credit facilities, farm-to-market roads,
marketing and distribution assistance and facilities and structures, as well as farmer
entrepreneurship, institutional and capacity building trainings.

SEC. 3. Objectives and Mandate- The National Irrigation Administration (NIA) shall
undertake a six-year accelerated irrigation program for the construction of irrigation projects in
the remaining unproductive, unirrigated but potentialiy irigable lands nationwide pursuant to
the actual size and extent to be determined and established in a full inventory of existing or
remaining potential areas for irrigation, in parallel assesment of existing irrigation systems, and
the identification inciuding listing of potential irrigation projects to be submitted by the NIA
within three (3) months but not beyond six (6) months after the effectivity of this Act.

The NIA shali conduct multi-stakeholders consultations with Local Planning and
Development Councils, Irrigators Associations, Agrarian Reform Beneficiaries, indigenous or



affected Minorities, and relevant government agencies in the identification of priority areas, and
shall thereafter prepare a comprehensive S-year work program with annual targets for the
irrigation development of new irrigable arees necded or with high potential to attain immediate

self-sufficiency in rice and other agricultural crops.

The NIA shall guarantee that all irrigation progrems and projects to be undertaken herein
shall be completed and made fully operational or impiementable within the duration of the 6-
year special irrigation program, with provision for sustainability of operation and maintainance
of said systems after the program completion including the institutionalization of a
comprehensive package of infrastructure and social support services to be integrated into the
regular annual programs and budgets of the NIA and other implementing agencies and
instrumentalities, including the LGUs, to ensure a sustained increased productivity as strategy to
attain genuine rural development.

SEC. 4, Accelerated vrigation Development- The NIA shall observe the following priorities
and guidelines in the identification, planning, construction, and management of irrigation
projects in collaboration with concerned government agencies, local government units,
irrigators’ associations and other stakeholders, Provided, that:

{a) Priority shall be given to the following:

(1) Provinces with low irrigation development and/or low productivity yield

(2) Beneficiaries in fourth, fifth and sixth class municipalities and provinces, Provided
that, to the extent feasible and practicable, priority in the allocation of the special
accelerated irrigation projects be given to the updated list of identified priority
areas or low-income municipalities

(3) Islands and Upland areas that are potentially and practically irrigable; Provided
that these are feasibie for construction of irrigation facilities

(4) Beneficiaries of the Agrarian Reform Program (ARBs), pursuant to the intent of
the CARP-IC/CARP Law, as amended and applicable provision of AFMA, as
amended, and such other pertinent laws and issuances

(5) Farmer irrigators Associations or Farmer Cooperatives

(6) Members of the indigenous cultural cominunities

(b) An inventory of the existing irrigation systems and their efficiency status update,
impact analysis, and the actual total potential areas for irrigation shall be conducted
by NIA with assistance from concerned stakeitoiders and technical experts, including
LGUs and financing institutions, to be completed not beyond six (6) months from the
effectivity of this proposed Act.

{c) Development and/or construction of irrigation facilities on new areas shall be
judiciously programmed over a six-year priority completion target, which therefore
necessitates drawing up a werk program by the NIA that is deemed realistic,
achievable and annually target-specific to indeed accelerate agricultural yield in the
identified priority irrigable areas.

(d) Priority irrigation projects shall be small 2nd medium in which construction works
should immediately commence after the technical assessment and feasibility



(e)

{f)

(8)

(h)

ti)

requirements on said projects have been completed and approved not later than six
(6) months after effectivity of the herein Act , without prejudice however to the
recommendation of the construction of large scale irrigation projects. Provided that,
to the extent feasible and practicable, pricrity shall be given to the construction of
communal irrigation projects; and #rovided further that, such necessary national
irrigation structures shafi be completed and made fully operational within three (3)
years upon commencement of the proposed Accelerated Irrigation Program, and
Provided finally thot, fast-track priority projects covered in this Special Irrigation Act
shall include the development of such small irrigation types as communal, reservoir,
small dams, diversion, or pump systems (groundwater or surface water).

The type of project and development scheme shall be determined based on technical
feasibility studies to be conducted by the NIA.

The provincial offices of the NiA shall be responsible in the preparation of the
feasibility studies and design of communat irrigation projects at cost to NIA

At least 50% percent of the funds allocated under this Act shall be used for the
construction of smail irrigation projects in partnership with the LGUs; Provided that,
at least 20% shall be earmarked for rehabilitation and emergency repair works of
existing irrigation systems including small irrigation projects identified as necessary
and cost effective to realize increased productivity under this proposed Act; Provided
further that, the regular Operation and Maintainance of these systems including their
budgetary requirements after the 6-year Accelerated Irrigation Program shall follow
the existing policies and implementing procedures on the matter. Provided finally
that, in no case an irrigation project shail be funded under this Special Program unless
certified feasible and necessary by the NIA.

The management of small-scaie irrigation projects shall be turned over to the farmer-
beneficiaries thru their Irrigators’ Associations or Farmers Cooperatives upon project
completion and after undertzking institutional development training. Provided that,
amortization of the direct cost of these smail-scale irrigation projects by the IAs shall
follow the existing NIA policies on cost recovery mechanisms for communal irrigation
systems.

Medium and large-scale irrigation projects shaii be jointly managed by the NIA, the
strengthened Irrigators Associztions, and the LGUs, to the extent practicable, upon
project completion under the irrigation Management Transfer Program.

To realize the full benefits of sustained increased productivity from these irrigation
projects, other agricultural support services shall be provided and institutionalize
within the 3 year of operation under this Act. NIA shall assist the IAs and facilitate
coordination with DA and such other agencies and the LGUs in the provision of other
agricultural support inputs and infrastructures such as, but not limited to, access to
agricultura‘ credit, high-quality seeds, technical assistance on pest management and
fertilizer use, post-harvest facilities, and marketing. Funds for these shall be included
in the estimates of project costs.



SEC. 5. Irrigators Associations- The NIA shall continue to organize, develop and
strengthen farmer-beneficiaries under this Act into self-sustaining irrigators’ associations or
farmers cooperatives.

SEC. 6. Irrigation of Other Crops- Irrigation projects under this Act are not limited to rice/palay
production in order to maximize use of irrigated lands.

SEC. 7. Special Accelerated Irrigation Fund- Such sums as may be necessary for the initial
implementation of this Act shall be sourced from any available appropriations intended for
irrigation allocation under the amended AFMA, CARP, ACEF, and realigned appropriations in the
current year of the date of effectivity of this Act to conform with its intent, Threrafter, a Special
Irrigation Fund shall be established by the Department of Budget and Management (DBM) in the
annual General Appropriations Act for the continous implementation of this Act until its 6" year
completion date, with proviso for accelerated release in the first three (3) years to meet
intensive irrigation program costs.

‘SEC. 8. Authority to Compromise- To encourage farmers to pay their dues and to facilitate the
clearing of NIA’s back accounts collectibles, the NIA Administrator shall have the authority to
enter into compromise or release for the penalty charges and part of unpaid principal accounts
of Irrigation Service Fee (ISF) and Communal Irrigation Systems (CIS) amortizations in the amount
not exceeding One Hundred Thousand Pesos (P100,000.00) per farmer under the Compromise
Agreement Program on ISF Back Account, and/or such rules and regulations that the NIA Board
of Directors shall adopt during the program years.

SEC. 9 Contracts- NIA shal! comply with the bidding regulations under RA 9184, as amended,
Which allows community participation for small scale projects to promote IA capability building.
However, pursuant to the declared policy and in the interest of the public, and to facilitate
Procurement of smaller contracts, NIA may enter into contracts using the Simplified Bidding
procedures, as provided under AFMA, for the 6-year period of implementation of this Act.

SEC. 10. List of Priority Projects- The NiA shall annex a list of priority projects proposed to be
funded under this Act; Provided that, upon completion of the inventory of existing irrigation
systems and the identification/listing of potential irrigation projects, the revised list of projects
to be funded shall be finalized and approved.

SEC. 11. Exemption from Election Ban- The implementation of the accelerated irrigation
development program which involves the emergency construction, rehabilitation, repair and
installation of irrigation facilities, including infrastructure complementary support services, shall
be exempt from the scope of the election ban on public works.

SEC. 12. Complementary Irrigation Component Projects- Whenever practicable, projects qualified
under this Act shall include other irrigation-related components such as, but not limited to, the
following complementary development purposes:

a) watershed management and reforestation
b) climate change vuinerability/flood prevention/erosion control
¢) fish culture


4) power generation; and
e) tourism development

SEC. 13. Oversight Committee- A joint Oversight Committee composed of five (5) members each
in the House of Representatives and Senate, resvectively, preferably coming from the
Committees on Rural Development and Agriculture shail be created to monitor the strict
implementation of this Act and the exercise of the authority granted thereunder.

SEC. 14. Report to Congress- The NIA, through channel, shall submit a quarter progress report to
Congress on the implementation of this Act.

SEC. 15. Implementing Rules and Reguiations- Within 60 days upon effectivity of this Act, the NIA
through the Secretary of the Department of Agriculture, shall initiate the convening of a
Technical Working Group to promuigate the IRR of this Act with relevant stakeholders.

The Secretary shall submit to the Committees on Rural Development and Agriculture of
both Houses of Congress copies of the Implementing Rules and Regulations within 30 days after
their promulgation.

SEC. .16. Separability Clause- If any or part of this Act is held unconstitutional, other parts
or provisions hereof which are not affected thereby shall be in full force and effect.

SEC. 17. .Repealing Clause- All laws, presidential decrees, executive orders, rules and regulations
inconsistent with this Act are hereby repealed.

SEC. 18. Effectivity Clause- This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in 2 newspaper of general circuiation.

Approved.