Republic of the Philippines
House of Representatives
Quezon City, Aletes Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 6046

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
TO PROMOTE AGRI-TOURISM IN THE PHILIPPINES
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

According to the Development Bank of the Philippines, agri-tourism
involves any agriculture-based operation or activity that brings visitors to a farm
or ranch for their enjoyment, outdoor activities, education, shopping, dining or
even lodging.

With our fertile lands, natural resources, biological diversity, and cultural
heritage, the Philippines remains a well-suited country for the promotion of agri-
tourism. While agri-tourism gains popularity among tourists, it may be a key to
socio-economic development of the Filipino nation, primarily our local
communities.

The agri-tourism philosophy aims to improve the income of our farmers
and promote the quality of living in rural areas. Agri-tourism also contributes to
the alleviation of poverty and decongestion of urban areas as it creates
employment and revenue opportunities for the rural community. In addition to
these, the promotion of agri-tourism may also contribute to the improvement of
other industry sectors like food and beverage, transport infrastructure, and
hospitality.

This bill directs the Department of Agriculture and Department of Trade
and Industry to assist the Department of Tourism in providing assistance to
farmers and local governments in their agri-tourism initiatives. The assistance
may be in the form of marketing advice, technical expertise, promotional
support, and the like.


‘The proposed legislation also awards tax credits to registered agri-tourism
operations to make up for the costs of going into agri-tourism business and to
provide incentives to interested entities on this endeavor.

In order to immediately reap the economic and social benefits of agri-
tourism for the country, the approval of this bill is earnestly sought.

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Republic of the Philippines
House of Representatives
Quezon City, Metso Manila
EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 6046

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
TO PROMOTE AGRI-TOURISM IN THE PHILIPPINES
AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. This Act shall be known as the “Agri-Tourism
Promotion Act.”

SECTION 2. Definition of Terms. As used in this Act, the following terms shall
be construed to mean as follows:

a.

“Agri-tourism activity” means any activity, paid or not, that is carried
out on a farm or ranch or in a forest that allows members of the general
public, for recreational, entertainment, or educational purposes, to
view or enjoy rural activities, including farming, ranching, historical,
cultural, harvest-your-own, or nature-based activities and attractions.

“Agri-tourism professional” means any person who is engaged in the
business of providing one or more agri-tourism activities, whether or
not for compensation.

“Farm” means the land, buildings, support facilities, machinery, and
other appurtenances used in the production of farm or aquaculture
products, including land used to display plants, animals, farm
products, or farm equipment to the public.

“Inherent risks of agri-tourism activity” means those dangers or
conditions that are an integral part of an agri-tourism activity


including certain hazards, including surface and subsurface
conditions, natural conditions of land, vegetation, and waters, the
behavior of wild or domestic animals, and ordinary dangers of
structures or equipment ordinarily used in farming and ranching
operations. Inherent risks or agri-tourism activity also include the
potential of a participant to act in a negligent manner that may
contribute to injury to the participant or others, including failing to
follow instructions given by the agri-tourism professional or failing to
exercise reasonable caution while engaging in the agri-tourism activity.

. “Participant” means any person, other than agri-tourism professional,
who engages in an agri-tourism activity.

f, “Person” means any individual, fiduciary, firm, association, juridical
person, unit of government or any other group acting as a unit.

SECTION 3. Provision of Assistance. The Department of Agriculture and the
Department of Trade and Industry shall provide marketing advice, technical
expertise, promotional support, and product development related to agri-tourism
to assist the Department of Tourism, convention and visitor bureaus, tourist
development councils, economic development organizations and local
governments in their agri-tourism initiatives. In carrying out this responsibility,
both departments shall focus its agri-tourism efforts on rural and urban
communities.

SECTION 4. Impact of agri-tourism in land classification. (1) In order to
promote and perpetuate agriculture throughout the State, farm operators are
encouraged to engage in agri-tourism. The conduct of agri-tourism activity on a
bona fide farm or on agricultural lands classified as such shall not limit, restrict,
or divest the land of that classification.

(2) Local governments and agricultural representatives shall meet for the
purpose of discussing the benefits of agri-tourism to local economies and
opportunities for cooperation, conflict resolution, regulatory streamlining and
incentives.

SECTION 5. Registration of Agritourism Operations. A voluntary
registration process of agri-tourism operations in the Philippines is hereby
established to be kept by the Department of Agriculture.

‘The registration must include a description of the agri-tourism activity /activities
conducted and the location of the agri-tourism operation.

‘There is NO fee for registration and the list will be made available to the public
by the Department of Agriculture.


All registered operations will be promoted by the Department of Agriculture and
the Department of Tourism in conjunction with all other tourism and rural
development promotions.

Registration is valid for five (5) years.

SECTION 6. Liability of Agri-tourism Professional. (1) Except provided in
subsection (2) of this section, an agri-tourism professional is not liable for injury
to or death of a participant resulting from the inherent risks of agri-tourism
activities, so long as the warning contained in Section 7 is posted as required.
Moreover, except as provided in subsection (2) of this section, no participant or
participant’s representative can maintain an action against or recover from an
agri-tourism professional for injury, loss, damage, or death of the participant
resulting exclusively from any of the inherent risks of agri-tourism activities.

(2) Nothing in subsection (1) of this section prevents or limits the liability of an
agri-tourism professional if the agri-tourism professional does any one or more
of the following:

a. Commits an act or omission that constitutes negligence or willful or
wanton disregard for the safety of the participant, and that act or
omission proximately causes injury, damage, or death to the
participant.

b. Has actual knowledge or reasonably should have known of a dangerous
condition on the land, facilities, or equipment used in the activity or
the dangerous propensity of a particular animal used in such activity
and does not make the danger known to the participant, and the
danger proximately causes injury, damage, or death to the participant.

(3) Any limitation on legal liability afforded by this section to an agri-tourism
professional is in addition to any other limitations of legal liability otherwise
provided by law.

SECTION 7. Warning Signage at Agri-tourism Locations. (1) Every agri-
tourism professional must post and maintain signs that contain the warning
notice specified in subsection (2) of this section. The sign must be placed in a
clearly visible location at the entrance to the agri-tourism location and at the site
of the agri-tourism activity. The warning notice must consist of a sign with black
letters, with each letter to be a minimum of one inch in height. Every written
contract entered into by an agri-tourism professional for the providing of
professional services, instruction, or the rental of equipment to a participant,
whether or not the contract involves agri-tourism activities on or off the location
or at the site of the agri-tourism activity, must contain in clearly readable print
the warning notice specified in subsection (2) of this section.


Also, all registered operations shall provide to participants a written description
of the registered agri-tourism activities upon request. This signage provides that
participants are assuming responsibility of any inherent risk provided, however,
that this Act does NOT limit the liability for willful or wanton conduct by any
agri-tourism operators.

(2) The signs and contracts described in subsection (1) of this section must
contain the following notice of warning:

WARNING:

Under Philippine law, there is no liability for an injury to or death
of a participant in an agri-tourism activity conducted at this agri-
tourism location if such injury or death results from the inherent
risks of an agri-tourism activity. Inherent risks of agri-tourism
activities include, among others, risk of injury inherent to land,
equipment and animals, as well as the potential for you to act in
a negligent manner that may contribute to your injury or death.
You are assuming the risk of participating in this agri-tourism
activity.

(3) Failure to comply with the requirements concerning warning signs and
notices provided in this subsection will prevent an agri-tourism professional from
invoking the privileges of immunity provided in this Act.

SECTION 8. Tax Credit Agri-tourism Activities. The Department of Finance
shall be given the task to craft rules and regulations pertaining to the
determination of which costs qualify as agri-tourism liability insurance.

The tax credit is an amount equal to 20% of the agri-tourism liability insurance
not to exceed P50,000.00 in any tax year.

If the tax credit exceeds the total amount of income taxes owed for that year, the
difference can be rolled over to the next tax year.

This tax credit is available in the first five years commencing after they open their
agri-tourism operation.

The limited liability is afforded to agri-tourism operations that charge for their
activities and those that do not charge for their activities, so long as the signage
is in place.


SECTION 9. Injury to Trespassers on Agricultural Land. A person or
organization owning, controlling, or possessing an interest in agricultural real
property, or an agent of such person or organization, shall not be held liable for
negligence related to such property that results in the death of, injury to, or
damage to a person who has engaged or is engaging in the conduct on the
property that is unlawful under either Section 11 or Section 12 or unlawful
trespassing by such person, accident to such conduct on the property.

SECTION 10. Posting of Signs on Agricultural Lands.

(1) Signs are placed not more than 500 feet apart along, and at each corner of,
the boundaries of the land, upon which signs there appears prominently, in
letters of not less than 2 inches in height, the words “No Trespassing” and in
addition thereto the name of the owner, lessee, or occupant of said land. Said
signs shall be placed along the boundary line of poster land in a manner and in
such a position as to be clearly noticeable from outside the boundary line; or

(2) Conspicuous no trespassing notice is printed on trees or posts on the
property, provided that the notice is:

a. Painted in an international orange color and displaying the stenciled
words “No Trespassing’ in letters no less than 2 inches high and 1 inch
wide either vertically or horizontally;

b. Placed so that the bottom of the painted notice is not less than 3 feet
from the ground or more than 5 feet from the ground; and

c. Placed at locations that are readily visible to any person approaching
the property and no more than 500 feet apart on agricultural land.

Upon enactment of this Act, when a landowner uses the painted no trespassing
posting to identify a “no trespassing” area, those painted notices shall be
accompanied by signs complying with subparagraph 1 and placed conspicuously
at all places where entry to the property is normally expected or known to occur.

SECTION 11. Removing of Notices on Agricultural Lands. It is unlawful for
any person to willfully remove, destroy, mutilate or conduit any act designated
to remove, mutilate, or reduce the legibility or effectiveness of any posted notice
placed by the owner, tenant, lessee, or occupant of legally enclosed or legally
posted land pursuant to any law of the Philippines for the purpose of legally
disposing the same.

Any person violating the provisions of this section shall be guilty of a
misdemeanor.


SECTION 12. Implementing Rules and Regulations. - The Secretary of the
Department of Agriculture and the Secretary of the Department of Tourism shall,
within thirty (30) days from the effectivity of this act, issue such rules and
regulations necessary for the proper implementation of the provisions of this law.

SECTION 13. Repealing Clause. Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to, or inconsistent with the provisions of this Act is hereby repealed,
modified or amended accordingly.

SECTION 14. Separability Clause. If any provision on part thereof, is held
invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.

SECTION 15. Effectivity Clause. This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,