SUSE UF REPRE

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVI 01 AUG 2016
Quezon City DATE:
ane a
SEVENTEENTH CONGRESS ey:

First Regular Session
ferntesaTION UNIT
2184 | BWLsay) Niwx SERVICE
House Bill No.“

INTRODUCED BY REPRESEN’!

‘TIVE ALFRED VARGAS

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,

The Philippines is well-suited for the promotion of agri-tourism as it is a tropical
agricultural country rich in natural resources, biological diversity and cultural heritage.
In addition, agri-tourism is gaining popularity among tourists as people are now looking
for a momentary escape from the busy life in cities.

Agri-tourism may be the key to the socio-economic development of the Filipino
nation, especially in the local communities. Its philosophy is inspired to improve the
income of our farmers and 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,

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

‘ALFRED VARGAS

TATIVES



Republic of the Philippines
HOUSE OF REPRE TATIV!
Quezon City

SEVENTEENTH CONGRESS

First Regular Session

2164

House Bill No.

INTRODUCED BY REPRESENTATIVEALFRED VARGAS

AN ACT
TO PROMOTE AGRI-TOURISM INN THI: PiiLIPPINES AND FOR OTHER PURPOSES

Be it enacted by the Senate «
Congress assembled:

J the [louse of Representatives of the Philippines in

ECTION 1.Short Title.~ This Act shall be known as the “Agri-Tourism Promotion
Act of 2016.”

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 carried out on a
farm or ranch or in a forest (hat allows members of the general public, for
recreational, entertainment, or cducational purposes, to view or enjoy
rural activities, including farming, ranching, historical, cultural, harvest-
your-own, or nature-basc«! activities and attractions, An activity is an
agri-tourism activity whether or not the participant paid to participate in
the activity.

(b) —“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.

(c) “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


(d) “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 of 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.

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

(8 “Person” means any inclividual, ‘iduciary, firm, association,
juridicial person, unit of government, or any other roup acting asa unit.

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

SECTION 4, Impact of agri-tourism in land class‘ficution. (1) In order to promote
and perpetuate agriculture throughout the State, frm eperators are encouraged to
engage in agri-tourism, The conduct of .y:«\-tourism activity on a bona fide farm or on
agricultural lands classified as such shall not limit, :ostrict, 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 stream in, and incentives.

SECTION 5. Registration of Agri-tourism Oper ‘ions ~ A voluntary registration
process of agri-tourism operations in the Philippines |. ‘ei sby established to be kept by
the Department of Agriculture.

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

There is NO fee for registration and the list w: | be mace 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 Professionct!

(1) Except as provided in subsection (2) of this section, an agri-tourism
professional is not liable for injury to or death oi « 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, domage, or death of the participant
resulting exclusively from any of the inlierent risks of »gri-tourism activities,

(2) _ Nothing in subsection (1) of this sectic» preven s or limits the liability of
an agri-tourism professional if the «pri-tourism protessional dees any one or more of
the following:

(a) Commits an act or omission tho! constit ites negligence or
willful or wanton disregard for the safety of (+ partie: pant, and that act
or omission proximately causes injury, «nage, or death to the
participant.

(b) Has actual knowledge or reason: ly siiould have knownof a
dangerous condition on the land, facilities, or equipment used in the
activity or the dangerous propensity of a par cular animal used in such
activity and does not make the danger knows“) the participant, and the
danger proximately causes injury, damage, or hh to the participant.

(3) Any limitation on legal liability afforde:! vy this section to an agri-tourism
professional is in addition to any other limitations 0’ sa! liability otherwise provided
by law.

SECTION 7. Warning Signage at A\gei-tourism Li “ations. -

(1) Every agri-tourism professional must po: and maintain signs that contain
the warning notice specified in subsection (2) of this ction. The sign must be placed in

a clearly visible location at the entrance to the agri) urism location and at the site of
the agri-tourism activity. The warning wotice must cc ist of a sign in black letters, with
each letter to be a minimum of one i ry written contract entered into
by an agri-tourism professional for the providing ssional services, instruction,
or the rental of equipment to a participant, whether not the contract involves agri

tourism activities on or off the location or
contain in clearly readable print the warni
section,

he sit’ sf the apri-tourism activity, must
notice pecified in subsection (2) of this



Also, all registered operations sivall provide tu
of the registered agri-tourism activities upon rec
participants are assuming responsibility of any inh

articipants a written description
st. This signage provides that
ent 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 s
contain the following notice of warnir

“WARNING:

Under Philippine law, there is no liability fe

participant in an agri-tourism activity conc!
location if such injury or death results irom tl
tourism activity. Inherent
others, risk of injury inherent to land, equip:

i-touris

the potential for you to act in «| neglivent me
your injury or death. You are assunsing the
agri-tourism activity.

(3) Failure to comply with the royuiren

notices provided in this subsection will prevent
invoking the privileges of immunity provides in this

SECTION 8, Tax Credit Agri-tourisin A:civities
be given the task to craft rules and regulations perta
costs qualify as agri-tourism liability insuran

‘The tax credit is an amount equal t«
not to exceed P50,000.00 in any tax yeu

If the tax credit exceeds the total amount of i
difference can be rolled over to the next tax year

This tax credit is available in the first live tax
their agri-tourism operation,

The limited liability is aflorded to api-tour
activities and those that do not charge for ‘heir ac

place.

SECTION 9. Injury to Trespassers on Ayricultu

owning, controlling, or possessing an interest in ag
of such person or organization, shall not he held Li
property that results in the death of, injury !0, or dl

section (1) of this section must

1 injury to or death of a
ted at this agri-tourism
inherent risks of the agri-
activities include, among
xt, and animals, as well as
ver that may contribute to
sk of participating in this

concerning warning signs and
agri-tourism professional from

The Department of Finance shall
ng to the determination of which

agri-tourism liability insurance

me taxes owed for that year, the

ars commencing after they open

operations that charge for their
ties, so long as the signage is in

Land. ~ A person or organization
tural real property, or an agent
» for negligence related to such
2e to a person who has engaged


or is engaging in the conduct on the property that is
Section 12 or unlawful trespassing by such perso
property.

SECTION 10. Posting of Signs on Agriculeural

(1) Signs are placed not more than 500 feet 0»
the boundaries of the land, upon which signs ther
not less than 2 inches in height, the words “No Tres

name of the owner, lessee, or occupant of siti land.

boundary line of poster land in a manner and in
noticeable from outside the boundary line;
(2) Conspicuous no trespassing, notive is p
property, provided that the notice is
(2) _ Painted in an international oF
the stenciled words “No Trespassin,” in lett
high and 1 inch wide either vertically or horiz

Placed so that the bottom of the
in 5 fe

(b)

than 3 feet from the ground or mor

(©) Placed at locations tha:
approaching the property ai! 1
agricultural land.

re re:

more

Upon enactment of this Act, when a andown,
posting to identify a “no trespassi
by signs complying with subparagraph: | and place:
entry to the property is normally expecte«! 0

ose pai
own,

SECTION 11. Removing of Notices ov .igricul:
person to willfully remove, destroy, mutilat, or coi
mutilate, or reduce the legibility or cilectiveness of
owner, tenant, lessee, or occupant of legally enclose
any law of the Philippines for the purpose o! ally «

Any person violating the provisions of 1
misdemeanor.

SECTION 12. Separability Clause. IV nny provis
or unconstitutional, the remainder of the kay or thy
shall remain valid and subsisting,

SECTION 13. Repealing Claws
executive order, letter of instruction,

law

Iminristrative

awful under either Section 11 or
‘cident to such conduct on the

ds, =

art along, and at each corner of,
»pears prominently, in letters of
ing” and in addition thereto the
4 signs shall be placed along the
ich a position as to be clearly

nted on trees or posts on the

color and displaying
no less than 2 inches
tally;

sinted notice is not less
‘om the ground; and

visible to any person
1 500 feet apart on

uses the painted no trespassing
d notices shall be accompanied
mnspicuously at all places where
ecur.

I Lands. ~ It is unlawful for any
it any act designated to remove,

ny posted notice placed by the
legally posted land pursuant to
»sing the same,

section shall be guilty of a

1 on part thereof, is held invalid
rovision not otherwise affected

esi‘ential decree or issuance,
der, rule or regulation contrary


to, or inconsistent with the provisions of this Aci s hereby repealed, modified or
amended accordingly

TION 14. Effectivity Clause. ~ ‘This Act shs!! take effec
its publication in at least two (2) newspape \ circulation.

teen (15) days after

Approved,