Republic of the Philippines
HOUSE OF REPRESENTATIVES
Metro Manila

16" Congress
Second Regular Session

5212

House Bill No.

Introduced by the HONORABLE DOUGLAS S. HAGEDORN

EXPLANATORY NOTE

The framework of modernized Philippine Agriculture under RA 8435 (Agriculture and
Fisheries Modernization Act) has identified graduates of agriculture and its equivalent to be
in the forefront providing consultancy, direction and leadership to agricultural workers and
servicing the technical needs of those that are involve in agribusiness.

In the practice of their profession as government employees and technicians of private
corporations they must at least pass a Licensure Exam to test and establish their basic
knowledge and proficiency in the field of agriculture and its allied sciences.

‘At the same time the government and agriculture industry needs to employ graduates of
agriculture that could pass licensure exams and regulate the same to protect the industry from
malpractice in the care of crops, livestock’s and others requiring the skills of an agriculture
graduate including the conduct of agricultural education

This also mandates government agencies employ licensed agriculturists to insure that 80% of
their plantilla positions shall be occupied by Licensed Agriculturist and requiring private
companies to employ the same based on areas and population of livestock according to the
IRR that will be promulgated and repeal contrary laws.

‘The delivery and regulation of professional services of a licensed agriculturist will now be
upon the Professional Regulation Commission (PRC) similar to the medical, technical,
development and other professions and provide a continuing professional development
avenue including the investigations of malpractice and revoke licenses.

The bill then secks to reaffirm the state policy recognizing the importance of modern
agriculture in nation building and development with the President appointing the members of
the Board of Examiners.


‘The State shall now establish and maintain a Board of Agriculture that shall conduct among
others a national board of examination to all graduates of a four-year degree program in
agriculture or its equivalent and regulate the practice of the profession with competence that

will be world class and globally competitive.

oe


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" Congress
Second Regular Session

5212

House Bill No,

INTRODUCED BY HON. DOUGLAS S. HAGEDORN

AN ACT PROMOTING AND REGULATING THE PRACTICE OF
AGRICULTURE PROFESSION IN THE PHILIPPINES,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES.

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

Section 1. Short Title. — This Act shall be known as the “The Philippine
Agriculturists Act of 2014”.

Section 2. Declaration of Policy. - The State recognizes the importance of
Agriculture in nation building and development. Hence, it shall develop
and nurture competent and righteous, productive, Licensed Agriculturists
whose standards of practice and service shall be excellent, qualitative,
world-class and globally competitive through effective, and credible
licensure examinations and through regulatory measures, programs, and
activities that foster their professional growth and development.

Section 3. Definition of Terms. —

(a) “Agriculture” is the art, science, ethics, management and entrepreneurial
business in the production, processing and marketing of agricultural products,
It is the practice of cultivating crops and the husbandry of livestocks including
the use of water, work animals and machineries and the fertilizations and
conservation of the soil to create products used for human and animal
consumption including the use of modern technology to increase productivity


(b)

(c)

(a)

(e)

3

(9)

(h)

“APO” refers to the Accredited Professional Organization of Agriculturists that
the Board has accredited subject to the approval by the Commission as the
one and only integrated national organization of Agriculturists.

“Board” refers to the Professional Regulatory Board of Agriculture, hereby
created as the regulatory body, under the administrative, executive and policy
supervision of the Professional Regulation Commission (PRC), for the
practice of Agriculture in the Philippines and tasked with powers, functions
and responsibilities herein prescribed;

“Commission” refers to the Professional Regulation Commission created
under R.A. No. 8991, known as the “PRC Modernization Act of 2000".

“Licensed Agriculturist’ refers to any person who has passed the licensure
examination for agriculturists administered by the Board/Commission, or any
baccalaureate person with five year experience in the practice of the
profession before the implementation of AFMA of 1997 and approved by the
Board/ PRC, taken the oath of an Agriculturist, and duly registered and issued
with a certification of good standing and is allowed under this act to engage in
or to perform activities, acts or services constituting the professional practice
of agriculture including those who hold a position in the government service,
private sector, or teaches subjects in schools, colleges or universities,
requiring the knowledge of Agriculture;
“MRA’ refers to a mutual agreement between two countries in the exchange of
Professionals indicating among others equal treatments and rights to practice
their professions in their respective governments or private entities.

“Crop Science” is the study of the world’s major food, feed, turh, and fiber
crops and their environement. It is a broad discipline encompassing breeding,
genetics, production, and management. Websearch

“Soil Science" deals with soil as a natural resource on the surface of the earth
including soil formation, classification and mapping; physical, chemical,
briological and fertility properties of soils per se; and these properties in
relation to the use and management of soils. Websearch

“Animal Science” is describe s “studying the biology of animals that are under
the control of mankind" Historically, the degree was called animal husbandry
and the animals studied were livestock species, like cattle, sheep, pigs,
poultry and horses. Websearch

“Agricultural Economics” is the systematic inquiry into the effects of human
activities and government policies with regards to production, exchange,
distribution and consumption of goods in agriculture. Websearch


(k) “Agricultural Marketing” is the discipline of exchanging goods and services

through planning and executing the concepts of pricing, promotions, and

distribution to satisfy the objectives of individuals and organizations. Websearch

() “Farm Management” is the art and science of establishing systems and
technologies that would lead towards productivity and efficient resulting to
profits in any agricultural endeavour

(m) “Agribusiness” is all of agriculture and a majority of industries using
agricultural products as raw materials for added value through processing,
packaging from primary products to secondary and tertiary products including
but not limited to medical and space technology use and for other purposes.

Section 4.

Section 5.

Creation and Composition of the Professional Regulatory Board of
Agriculture. — There is hereby created a Professional Regulatory Board
of Agriculture, hereinafter-referred to as the “Board”, a collegial body
under the administrative supervision and control of the Professional
Regulation Commission, hereinafter-referred to as the “Commission’,
shall be composed of a chairman and five (5) members, to be appointed
by the President of the Philippines from a list of three (3) recommendees
for each position and ranked by the Commission from a list of five (5)
qualified nominees, endorsed by the Accredited Professional
Organization (APO) by the PRC licensed agriculturists within ninety (90)
working days after the approval of this Act. Other Professional
Agricultural Organizations duly registered by the Securities and
Exchange Commission (SEC) may submit nominees through the APO.
The Board shall be organized not later than six (6) months from the
effectivity of this Act.

Qualifications of the Chairperson and Members of the Board. — The
chairperson and each member shall, at the time of his/her appointment
possesses all these qualifications. He/she must be

(a) A Filipino citizen and a resident of the Philippines;
(b) Of good moral character and of sound mind and body;

(c) Not convicted by a court of competent jurisdiction of an offense
involving moral turpitude;

(d) For the Chairperson of the Board, he must be elected by his peers
in the Board as required in the PRC MODERNIZATION ACT and
for Members of the Board, must be a holder of a Bachelor of
Science in Agriculture degree, confered by a duly licensed school,


Section 6.

Section 7.

Section 8.

college or university recognized by the government through the
Commission on Higher Education (CHED);

(e) A registered and Licensed Agriculturist with valid certificate of
registration and a valid professional identification card and with at
least five (5) years of relevant experience prior to his/her
appointment and shall not be more than sixty-five (65) years of
age at the time of appointment or reappointment;

(f) A member in good standing of the APO, but not an officer or
trustee; and

(g) Must not have any pecuniary interest, for a period of at least one
(1) year prior to his or her appointment, directly or indirectly, in
any college, university or institution conferring an academic
degree necessary for admission to the practice of agriculture or
where review classes in preparation for the licensure examination
are being offered or conducted, not a member of a reviewers’ staff
in a review school or center; nor shall he/she be a faculty
member, officer, or member of the Board of Trustees/Regents
thereof at the time of his/her appointment to the Board

Board Term of Office.— The chairman and members of the Board shall hold
office for a term of three (3) years without prejudice for reappointment to
another term provided they have been evaluated and qualified based on
performance by the Commission through the endorsement of the
APO,but in no case shall they serve continuously for more than six (6)
years. At the expiration of the term of the chairperson, the most senior
of.the remaining members of the Board shall assume and perform the
duties and functions and receive the emoluments and entitlements of the
Chairperson. The incumbent members of the Board shall continue to
serve their respective remaining terms until their successors shall have
been appointed and have qualified in accordance with this Act.

The first Board shall have staggered term of office, with the Chairperson
serving for three (3) years, the first three (3) members for two (2) years,
and the last three (3) members for one (1) year. In case of vacancy, any
appointee shall serve only the unexpired term. The Chairperson and the
members shall duly take their oath of office with the Commission. This
provision shall take effect upon the approval of this Act

Compensation, Allowances and other Benefits of the Board. - The
Chairperson and members of the Board shall receive compensation,
allowances, and other benefits comparable to those that the Chairperson
and members of other Professional Regulatory Boards under the
Commission.

Powers, Function, Duties, and Responsibilities of the Board. — The
Board shall exercise executive/ administrative, rule-making, and quasi-
judicial powers in carrying out the provisions of this Act. It shall be


vested with the following specific powers, functions, duties, and
responsibilities:

(a) Regulate the practice of Agriculture in accordance with the
provisions of this Act;

(b) Issue and promulgate rules and regulations implementing the
provisions of this Act;

(©) Promulgate and adopt the Code of Ethics and Good
Governance, and the Code of Technical Standards for the Practice of
Agriculture;

(d) Adopt an official seal of the Board;

) Prescribe and promulgate guidelines on the Continuing
Professional Education (CPE) for Agriculturists in consultation with the
APO;

(f) Prescribe and promulgate the syllabi for the subjects in the licensure
examination/s in consultation with the academe and the Commission on
Higher Education (CHED);

(g) Issue or cancel temporary or special permit granted to foreign
Agriculturists;

(h) Promulgate a program for the walk-in licensure examination;

(i) Prepare questions for the subjects in the licensure examinations,
administer and correct the said examinations, and release their results;

(j) Administer oaths in the performance of its function;

() Monitor the conditions affecting the practice of Agriculture
through ocular field visit of agricultural establishments (government
agencies; and private enterprises) wherein Agriculturists are practicing,
and adopt such measures as may be deemed proper for the
enhancement of the profession or occupation and/or the maintenance of
high professional, moral, ethical, and technical standards

(\) Enter together with the Commission into a Memorandum of Agreement
with the CHED in providing the latter performance indicators through the
licensure examinations of graduates and field visits and ocular inspection
of schools, colleges, and universities. This shall ensure compliance of all
higher education instruction and offerings of degree, course, or program
with the policies, standards, and requirements of the course prescribed by
CHED in the areas of curriculum, faculty, library, and facilities;

(m) Hear and investigate cases on violations of this Act, its
implementing rules and regulations, the Code of Ethics, the Code of Good


Governance, the Code of Technical Standards for the practice of
Agriculture, and other policies; and for this purpose to issue summons,
subpoena and subpoena ducestecumto alleged violators and/or
witnesses to compel their attendance in such hearings or investigations;

(n) Delegate the hearing or investigation of the cases against the
alleged violators; provided, that, hearing or investigation of cases wherein
the issue or question involved strictly concerns the technical practice of
Agriculture shall be presided over by at least one (1) member of the
Board assisted by a Legal or Hearing Officer of the Commission;

(0) Endorse cases involving criminal violators of this Act and other
laws, its rules and regulations, and other policies to the Prosecution
Office for investigation;

(1) To decide administrative cases against examinees or registered
Agricutturists following due process; provided, if they are guilty, to cancel
their examination papers and/or debar them from taking another licensure
examination, or to revoke/ suspend their certificate of registration;
provided, further, the effectivity of the penalty shall only commence from
the date of surrender of the said certificates together with the professional
identification cards; provided, furthermore, the decision of the Board shall,
unless appealed to the Commission, become final and executory after
fifteen (15) days from receipt of notice of judgment or decision;

(s) Reissue or reinstate revoked/suspended Certificate of
Registration and unexpired Professional Identification Card to
respondent's holder: provided, the revoked Certificate of Registration
shall only be reissued after the lapse of the period provided in this Act;
provided, further, the Board shall issue a resolution thereon subject to
approval by the Commission, after he/she shall have established his/her
fitness to practice anew his/her Agriculture profession and, provided,
furthermore, the suspended certificate of registration shall only be
reissued upon the period imposed in the decision of the Board;

() Conduct through the Legal or Hearing Officers summary
proceedings on minor violation of this Act, its IRR, any of the Codes
afore-mentioned, the General Instructions to Examinees committed by
examinees, and to render summary judgment thereon which shall, unless
appealed to the Commission, become final and executory after fifteen
(15) days from receipt of notice of judgment or decision;

(u) Prepare an annual report of accomplishments, programs, projects,
and activities of the Board during the year of submission to the
Commission after the close of each calendar year and to make
appropriate recommendations on issues or problems affecting the
Agriculture profession to the Commission; and

(v) Discharge other applied incidental, necessary powers, duties,
functions, and responsibilities for the effective carrying out of the


provisions of this Act and its policies or measures and the achievement of
its objectives.

The rules and regulations, codes, and other policies embodied in a
resolution issued and promulgated by the Board shall be subject to
review and approval by the Commission. However, the Board's decision,
resolution, or order rendered in an administrative case, which is not
interlocutory shall be subject to review only if on appeal.

Section 9. Grounds for Removal or Suspension of Board Chairperson /
Member. - The President of the Philippines, upon the recommendation
of the Commission, after giving the Chairperson or the member of the
Board an opportunity to defend himself/herself in an administrative
investigation conducted by the Commission, may remove or suspend
him/her on any of the following grounds:

(a) Gross neglect, incompetence or dishonesty in the discharge of
his/her duty /function;

(b) Any violation of this Act and other pertinent Laws;

(c) Manipulation or rigging of the licensure examination for
Agriculturists results, disclosure of confidential information on the
examination questions prior to the conduct thereof, or tampering of
grades;(Sec. 7 (s) of R.A. No. 898, the rules on administrative
investigation, and the applicable provisions of the New Rules of Court
shall guide the Commission in the conduct of the investigation.)

Section 10. Supervision of the Board, Custodian of its Records, Office of the
Secretary, Professional Regulatory Boards (PRBs) and Support
Services.— The Commission shall provide a Secretariat for the Board
who shall keep all records of the Board (applications for examination,
etc.). The Commission shall designate the Secretary of the Board who
shall be a staff member in the Office of the Secretary, Professional
Regulatory Boards (PRBs) and shall provide the other support services
to the Board

Section 11. Passing of Licensure Examination Requirement. — Applicants for
registration for the practice of Agriculture shall be required to pass a
licensure examination as provided for in this Act in such places and
dates as the Commission may designate in the Resolution thereof on the
Master Schedule for all licensure examinations in accordance with
Section 7 (d) of R.A. No. 8981.

Section 12. Qualifications of Applicants. An applicant for the licensure
examination for Agriculturists shall satisfactorily prove that he/she
possesses the following qualifications:


(a) Citizen of the Philippines or a foreign citizen whose country/state has
reciprocity with the Philippines in the practice of Agriculture:

(b) Of good moral character

()A holder of a Bachelor of Science in Agriculture; a Master of Science
or a Doctor Of Philosophy degree in any specialized field of Agriculture
or its allied disciplines that satisfy the six (6) areas of concern obtained
by either a Filipino or foreign citizen from duly recognized or CHED-
accredited school/college/university, or its equivalent from an institution
of learning in a foreign country/state.

(4) Not convicted of an offense involving moral turpitude by a court of
competent jurisdiction.

Section 13. Subjects for Licensure Examination.-The licensure examination/s
for Agriculturists shall include, but not limited to, the following:

Crop Science Animal Science, Soils Science, Agribusiness and Farm
Management, Agricultural Economics and Marketing; and Agricultural
Extension and Communication

The Board, subject to approval by the Commission, may recommend to
CHED changes in the said subjects to conform to modern and advance
technologies in Agriculture

The Board shall not allow an applicant to take the licensure
examination for Agriculturists, if the required basic courses/subjects
mentioned previously, or their equivalent, were not part of his/her
Baccalaureate curriculum, or he/she had not enrolled and passed any
‘one of them.

Section 14. Oath of Profession. — All successful candidates in the licensure
examination and those approved for registration without examination
shall take their oath of profession en mass before the Board/PRC on a
designated date, or before the Chairperson or any member of the Board:
or any authorized officer of the Commission, or any person authorized by
law, to administer oaths, prior to entering upon the practice of
Agriculture.

Section 15. Issuance of Certificate of Registration and Professional
Identification Card. — A Certificate of Registration shall be issued to
those who have taken their oath of profession and are registered with or
approved applications without licensure examination subject to payment
of fees prescribed by the Commission. It shall bear the signatures of the
Chairperson and the two (2) Commissioners of the Commission and the
Chairperson and members of the Board, stamped with the official seal of
the Commission and of the Board, certifying that the person named
therein is entitled to the practice of the profession with alll privileges


appurtenant thereto. Until withdrawn, revoked, or suspended in
accordance with this Act, it shall remain in full force and effect.

A Professional Identification Card bearing the registration number and
date, its validity and expiry duly signed by the Chairperson of the
Commission and the Board shall likewise be issued to every registrant
who has paid the prescribed fee. It shall be reissued after every three
(3) years upon satisfying all requirements and payment of the prescribed
fees therefore.

Section 16, Refusal to Register The Board shall not register any successful
applicant for registration with or approved application without licensure
examination that has been

(a) Convicted of an offense involving moral turpitude by a court of
competent jurisdiction,

(b) Found guilty of immoral or dishonorable conduct by the Board,

(©) Summarily adjudged guilty for violation of the General Instructions
to Examinees by the Board,

(d)_ Falsification of public documents, and

(4) Declared of unsound mind by the court of competent jurisdiction
In refusing such registration, the Board shall give the applicant a
written statement setting forth the reasons therefore and shall file
a copy thereof in its records.

Section 17, Revocation or Suspension of the Certificate of Registration and
Cancellation of Temporary/Special Permit.the Board shall have the
power, upon notice and hearing, to revoke or suspend the certificate of
registration of a Registered and Licensed Agriculturist or to cancel a
temporary special permit granted to foreign Agriculturist, for violation of
any the grounds or causes in Section19 of this Act, except (c) thereof
and any of the following grounds:

Violation of a provision of this Act, Code of Ethics, Code of

Good Governance, Code of Technical standards for the practice of
Agriculture, policy, and measure of the Board and/or the
Commission,

(a) Perpetration or use of fraud in obtaining his/her Certificate of
Registration, professional identification card, temporary/special
permit:

(b) Gross incompetence, negligence or ignorance resulting to death
injury or damage!


(€) Refusal to join or to remain member in good standing of the APO;

(d) Neglect or failure to pay the annual registration fees for five (5)
consecutive years;

(e) Non-renewal of the Professional Identification Card;

(f) Aiding or abetting the illegal practice of a non-registered and
licensed

(9) person by allowing him/her to use his Certificate of Registration
and/or Professional Identification Card or his/her
Special/Temporary Permit.

(h) Illegally practicing the profession during his/her suspension from
the
practice thereof;

(i) Falsification of public documents;

() Addicted to a drug or alcohol abuse impairing his/her ability to
practice his/her profession or declared with unsound mind by a
court
of a competent jurisdiction; and
(k) Non-compliance with the CPE requirement, unless he/she is
exempted there from, for the renewal of his/her Professional
Identification Card;

Provided, however, that such actions are subject to appeal or remedies
available under existing Laws. The Board shall periodically evaluate the
afore-mentioned grounds and revise or exclude or add new ones as the
need arises subject to approval by the Commission

Any person, firm or association may file charge/s in accordance with the
provision of this Section against any registrant, or the Board may
investigate violation of any of the above-motioned causes. Affidavit:
complaint shall be filed together with the affidavits of witnesses and other
documentary evidence with the Board through the Legal and
Investigation Office. The motupropio move to conduct an investigation
shall be embodied in a formal charge to be signed by at least majority of
the members of the Board, The rules on administrative investigation
subject to applicable provisions of this Act, R.A. No. 8981 and the Rules
of Court

Section 18. Vested Rights: Automatic Registration.— Ali Agriculturists registered
prior to the effectivity of this Act shall automatically be registered
hereunder, subject to the provisions herein set forth as to future
Tequirements except those which obtained their license in a fraudulent
manner as mentioned in under Section 20


Certificates of Registration and Professional Identification Cards or
Temporary/Special Permits held by such persons in good standing at
such effectivity shall have the same force and effect as though they were
issued on or after the said effectivity unless such registration is obtained
through misrepresentation or fraudulent means.

Section 19. Scope of Practice.— The practice of Agriculture shall include, but not
be limited to, the following acts or activities:

(2) Consultation, evaluation, investigation, and management
services requiring the application of agriculture knowledge;

(b) reparation and certification of agricultural systems, interactive
diagnosis, and plans; and design, project feasibility studies and cost
estimates; and specifications for the production, harvesting, processing,
utilization and marketing perennial and annual agricultural crops and/or
animals for multiple products and services, including conservation and
sustainable production practices; and other management services in
agriculture;

(o) Provision of related activities or services such as the conduct of
experiments, research, extension, development, training or
communications in agriculture;

(d) The teaching of agriculture subjects in all Higher Education
Institutions (HEIs) (Schools, Colleges and Universities); and for licensure
examinations; undertaking, supervision and/or administration of studies
and programs in stations, centers, community/ _provinclal/
regional/national offices of government agencies and_ institutions
requiring agriculture professionals; technical, or management
consultants needed by/or required of local government units, private
corporations, foundations, non-government associations and foreign
assisted projects;

(ce) __ All agriculture concerns, projects, business activities or related
services must be certified by a professional agriculturist before such will
be accepted by any entity for registration, getting business permits or
licenses in municipalities, any financial institutions, legal transactions and
the like. Such requirement shall ensure that agriculture activities will
conform to the observance of the requirements of good agricultural,
environmental, conservation, and sustainable production practices
affecting the natural resources and the ecosystem;

0) Development of management plans with recommendations on
the implementation of agricultural nurseries (including tissue-culture and
clonal banks operations), appropriate crop species and strategies for
appropriate site: a plan for long-term fertility management, soil and water
resources conservation measures; for marketing final products including
budget and economic projections; farm and pasture diversification plans


of ranches, fruit crop growers and farms to diversify products and
integrate more intercrops into their plantings, with appropriate species
and techniques to support existing crops, reduce expenses and increase
the diversity and economic resiliency of the project; conduct of
assessment, analysis and management of resources; and agriculture
products manufacturing and marketing; and

(a) Employment in the private or government sector that requires
agriculture knowledge and expertise

(b) The Board, subject to approval by the Commission, may revise,
exclude from or add to the above-enumerated acts or activities as the
need arises to conform to the latest trend in the practice of
Agriculture

Section 20. Lawful Practitioners of Licensed Agriculture.—Persons who shall be
authorized to practice the Agriculture profession under the title of
Licensed Agriculturist are:

(a) __ Duly registered and licensed as Agriculturists and holders of
valid Certificates of Registration and valid Professional Identification
Cards issued by the Board and the Commission pursuant to this Act; and

(b) Holders of valid Temporary/Special Permits issued by the Board
and the Commission to foreign licensed Agriculturists pursuant to this
Act,

Section 21. Foreign Reciprocity. No foreigner shall be allowed to take the
licensure examination for Agriculturists, register, receive his/her
Certificate of Registration and Professional Identification Card, and
practice Agriculture in the Philippines unless the requirements for the
licensure examination and/or registration and practice of Agriculture
imposed under the laws and regulations in his/her foreign country/state
are substantially the same as those required and contemplated by the
Philippine taws and regulations, and unless the said foreign laws and
regulations allow Philippine citizens to practice Agriculture within the
territory of the said foreign country/state on the same basis and grant the
same privileges as those enjoyed by the citizens, subject or nationals
thereof.

Section 22. Indication of Numbers: Certificate or Registration, and
Professional Tax Receipt. — The Agriculturist shall be required to
indicate his/her Certificate of Registration Number and Date of Issuance,
the expiry of his/her current Professional Identification Card, and the
Professional Tax Receipt Number on the documents he/she signs, uses,
or issues in connection with the practice of his/her Agriculture profession.

Section 23. Roster of Agriculturists... The Board shall prepare and maintain a
roster of the names, residence and/or office address of all registered
Agriculturists, which shail be updated annually in cooperation with the


‘APO, indicating therein the status of the Certificate of Registration,
Professional Identification Card, and APO membership, whether valid,
inactive due to death or other reasons, delinquent, suspended or
revoked. The said roster shall be conspicuously posted within the
premises of the Commission and the information there from made
available to the public upon inquiry or request.

Section 24, Integration of the Professional The Agriculturists shall be
integrated into one (1) national organization of Agriculturists that is duly
registered with the Securities and Exchange Commission (SEC). The
Board of Agriculture subject to approval by the Commission shall
accredit the said organization as the one and only integrated and
accredited national organization of Agriculturists. All Agriculturists whose
names appear in the Registry Book of Agriculturists shall ipso facto or
automatically become members of APO and pay the membership fees
and dues.

Membership in an affiliate organization. of Agriculturists shall not be
barred.

Section 25. Posting of Certificate of Registration and Professional
Identification Card or Temporary/Special Permit.— The registered and
licensed Agriculturists shall post in a conspicuous place in his/her office
photocopies of the Certificate of Registration and Professional
Identification Card of Agriculturists or Temporary/Special Permit.

Section 26. Penal Clause. Any person who shall violate any provisions of this
Act, who shall misrepresent himself as a agriculturist duly licensed in
accordance herewith, or any person presenting or using as his/her own
Certificate of Registration or Professional License belonging to another,
‘or any person giving any false or forged evidence to the Commission in
order to secure a Professional License, or any person assuming, using
or advertising as a registered/licensed agriculturist without having been
conferred such title, or advertising any title description tending to convey
the impression that he or she is a registered/licensed agriculturist, shall
be, upon conviction, be fined with not less than One Hundred Fifty
Thousand Pesos (PhP 150, 000.00), but not more than Five Hundred
Thousand Pesos (PhP500, 000.00), or imprisoned for not less than six
(6) months but not more than six (6) years or be meted with both at the
discretion of the court.

Section 27. Employment of Agriculturists in the Government - In furtherance of
the national government's program for sustainable agricultural
development, there is a need to adopt mechanisms for the placement
and employment of agriculture graduates in the government sector.

Thus, it is hereby mandated that all municipalities shall require at least
80% of created plantilla positions at the Municipal Agriculture offices be
occupied by licensed agriculturists. Likewise, all provinces shall require
at least 50% of plantilla positions at the offices of the Provincial


Agriculturist be occupied by licensed Agriculturists. The aforesaid
agriculturist plantilla positions shall be occupied by a licensed
Agriculturist as defined in this Act

All national government agencies concerned in agriculture-related
activities must also require plantilla positions for agriculturists as they
may deem appropriate.

The Board shall initiate the development of Position Classification
Standards to be led by the Civil Service Commission, in collaboration
with the Department of Agriculture, the Department of Interior and Local
Govemment, the Department of Agrarian Reform, and the Department
of Environment and Natural Resources, one (1.) year after the approval
of this Act in accordance with existing Salary Standardization Laws.

Section 28. Employment of Agriculturists in the Private Sector — Inline with
thenational government's program for sustainable agricultural
development, there is also a need to adopt alternative mechanisms for
the placement and employment of agriculture graduates in the private
sector engaged in agriculture:

Thus, it is hereby encouraged that all corporate farms with the following
sizes of operation shall require at least one (1) plantilla position for a
licensed agriculturists:

a. Farms with at least 50 hectares planted to agricultural crops,

b. Poultry farms with at least 5,000 chicken, or 2,000 ducks.

c. Livestock farms with at least 50 head of cattle/carabao, or 50-
SOW Units, or 100 fattening pigs; or 100 head of goats;

Other corporations requiring agriculturists such as golf courses, agri
tourist facilities and the likes is also required to employ licensed
agriculturists and are required to employ a local counterpart for every
foreign agriculturist and register the same with the Commission.

In the event that corporations will avail of BO! and other tax incentives, it
will share 40% of their stocks to stake holders in corporations
established by private and public agents to promote wealth sharing and
to control the unwarranted outflow of foreign currency.

Section 29. Enforcement. — |n carrying out the provisions of this Act, the Board
shall be assisted by the Commission, the APO, duly constituted
government agencies and authorities and private organizations in the
industry. A memorandum of agreement between agencies or
organizations may be executed.

Section 30. Appropriations. — The funds or budget for the implementation of this
Act shall be included in the General Appropriation Act for the
Commission, provided that the amount incurred for its initial


implementation shall be charged against the Commission's current
year’s appropriation.

Section 31. Transitory Provisions. The incumbent Board shall in an interim
capacity continue to operate or function by carrying out the provisions of
the Act without new appointments of the Chairperson and members
thereof, until the first Board created under this Act shall have been
constituted or organized pursuant thereto

Section 32. Implementing Rules and Regulations.— Within ninety (90) days after
the effectivity of this Act, the Board of Agriculture, subject to approval by
the Commission, shall prescribe, promulgate, and issue a Board
Resolution on the Implementing Rules and Regulations (IRR) necessary
to carry out the provisions.of this Act, after consultation with the
stakeholders(APO, other agencies, and concerned private organization
in the industry)

Section 33, Separability Clause.— If any provision, section, or part of this Act shall
be declared unconstitutional or invalid, such judgment shall not affect,
invalidate or impair any other provisions, sections or parts hereof, but
shall be merely confined to the provision, section, or part thereof that is
directly involved in the issue upon which such judgment has been
rendered

Section 34. Repealing Clause. ~ Republic Act No. 8435 (AFMA of 1997) Section
75 is hereby repealed. Laws, decrees, orders, letters of instructions,
rules and regulations, or other issuances, and parts thereof inconsistent
with the provisions of this Act are likewise accordingly repealed or
modified

Section 35, Effectivity.- This Act shall take effect after fifteen (15) days following
the full and complete publication thereof in the official Gazette or any
two (2) newspapers of general circulation

Approved,