HOUSE NEESER]

Republic of the Philippines
HOUSE OF REPRESENTATIVES ?ECEIVED

Quezon City bate: 30
Tie 1:33
SEVENTEENTH CONGRES in 7
First Regular Session
. REGISTRATION UNIT
House Bill No. _ 37 BILLS AND INDEX SERVICE
——$—— ee

Introduced by REPRESENTATIVE ARTHUR YAP

EXPLANATORY NOTE

The National Irrigation Administration, under its Charter, Republic
Act No. 3601, as amended by Presidential Decree No. 552 and Presidential
Decree No. 1702, as well as Republic Act No. 8435, or the Agricultural and
Fisheries Modernization Law, has the power and authority to collect
Irrigation Service Fees (ISF).

The rates of the NIA for the ISF are not very high. In fact, it is
authorized to collect only up to an amount sufficient to cover the operation
and maintenance of the irrigation system. It is not allowed to collect for the
amounts to recover the cost of capital or the indebtedness for the
construction of the irrigation projects.

Nevertheless, the imposition of the ISF is a huge burden for the
farmer beneficiaries. It eats up on what otherwise would already be a small
income for the farmer and their families. It leads farmers to further shy away
from farming and engage in other endeavors.

This bill aims to create a Free Irrigation Program for our farmers. It is
increase their incomes and uplift their living conditions. It would also
effectively and immediately address the issue of increased productivity and
attainment of food self-sufficiency.

For the foregoing reasons, the immediate passage of this bill,
previously filed in the Sixteenth Congress as House Bill No. 6333 by the
undersigned, is earnestly sought.

J


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 37

Introduced by REPRESENTATIVE ARTHUR C, YAP

AN ACT

ESTABLISHING A FREE IRRIGATION PROGRAM,
REPEALING SECTION 2, PARAGRAPH (C) OF
REPUBLIC ACT NO. 3601 OR “AN ACT CREATING
THE NATIONAL IRRIGATION ADMINISTRATION”;
SECTION 1, PARAGRAPH (B) OF PRESIDENTIAL
DECREE NO. 552; SECTION 1, PARAGRAPH (B)
PRESIDENTIAL DECREE NO. 1702; SECTION 35 OF
REPUBLIC ACT NO. 8435, OTHERWISE. IWN AS
THE “AGRICULTURAL AND FISHERIES
MODERNIZATION LAW”; 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 “Free Irrigation
Law of 2016”,

SECTION 2. Declaration of Policy. - The State shall promote
comprehensive rural development through increased agricultural production,
sustained productivity and promotion and development of irrigation systems.
that are free, effective, appropriate and efficient.

SECTION 3. Free Irrigation Program. - Any provision of law to the

contrary notwithstanding, all irrigation systems built, operated and


20

yal

22

23

24

maintained by the National Irrigation Authority (NIA), the Department of
Agriculture (DA), or any other government agencies, or those turned over
and maintained or operated by farmers’ organizations, irrigators’
associations or Local Government Units (LGU), shall be free of use and
charges for farmer beneficiaries.

SECTION 4. Implementing Rules and Regulations. - Within ninety
(90) days from the effectivity of this Act, the DA with the assistance of the
NIA shall formulate and promulgate the rules and regulations necessary for
the implementation of this Act.

SECTION 5. Separability Clause - If any portion or provision of
this Act is declared unconstitutional or invalid, the other provisions hereof
not affected thereby shall remain valid and effective.

SECTION 6. Repealing Clause. Section 2, Paragraph (c) of
Republic Act No. 3601 or “dn Act Creating the National Irrigation
Administration”, Section 1, Paragraph (b) of Presidential Decree No, 552;
Section 1, Paragraph (b) of Presidential Decree No. 1702; and Section 35 of
Republic Act No. 8435, otherwise known as the “Agricultural and Fisheries
Modernization Law”; prescribing the power and authority of the National
Irrigation Administration to collect Lrrigation Service Fees (ISF) or other
forms of charges for the use of irrigation systems, are hereby repealed or
modified accordingly.

All other laws, presidential decrees, executive orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act, are

hereby repealed or modified accordingly


SECTION 7. Effectivity Clause. - The Act shall take effect fifteen
(15) days after its complete publication in the Official Gazette or in at least
two (2) newspapers of general circulation,

Approved.