REPUBLIC
ACT NO. 8435
AGRICULTURE
AND FISHERIES
MODERNIZATION ACT OF 1997
An Act Prescribing
Urgent Related Measures to Modernize the Agriculture and Fisheries
Sectors
of the Country in Order to Enhance Their Profitability, and Prepare
Said
Sectors for the Challenges of the Globalization Through an Adequate,
Focused
and Rational Delivery of Necessary Support Services, Appropriating
Funds
Therefor and For Other Purposes.
Section 1. Short Title.
- This act shall be known as the "Agriculture and Fisheries
Modernization
Act of 1997."
Sec. 2. Declaration of
Policy. - The goals of the national economy are more equitable
distribution
of opportunities, income and wealth; a sustained increase in the amount
of goods and services produced by the nation for the benefit of the
people;
and an expanding productivity as the key to raising the quality of life
for all, especially the underprivileged.
The State shall promote industrialization
and full employment based on sound agricultural development and
agrarian
reform, through industries that make full and efficient use of human
and
natural resources, and which are competitive in both domestic and
foreign
markets. In pursuit of these goals, all sectors of the economy and all
regions of the country shall be given optimum opportunity to develop.
Private
enterprises, including corporations, cooperatives, and similar
collective
organizations, shall be encouraged to broaden the base of their
ownership.
Thus, it is hereby declared
the policy of the State to enable those who belong to the agriculture
and
fisheries sectors to participate and share in the fruits of development
and growth in a manner that utilizes the nations resources in the most
efficient and sustainable way possible by establishing a more equitable
access to assets, income, basic and support services and infrastructure.
The State shall promote food
security, including sufficiency in our staple food, namely rice and
white
corn. The production of rice and white corn shall be optimized to meet
our local consumption and shall be given adequate support by the State.
The State shall adopt the
market approach in assisting the agriculture and fisheries sectors
while
recognizing the contribution of the said sector to food security,
environmental
protection, and balanced urban and rural development, without
neglecting
the welfare of the consumers, especially the lower income groups. The
state
shall promote market-oriented policies in agricultural production to
encourage
farmers to shift to more profitable crops.
The state shall empower the
agricultural and fisheries sector to develop and sustain themselves.
Toward
this end,the State shall unsure the development of the agriculture and
fisheries sectors in accordance with the following principles:
a)
Poverty
Alleviation
and Social Equity. - The State shall ensure that the poorer sectors
of society have equitable access to resources, income opportunities,
basic
and support services and infrastructure especially in areas where
productivity
is low as a means of improving their quality of life compared with
other
sectors of society;
b) Food
Security. -
The State shall assure the availability, adequacy, accessibility of
food
supplies to all at all times;
c) Rational
Use
of Resources.
- The State shall adopt a rational approach in the allocation of public
investments in agriculture and fisheries in order to assure efficiency
and effectiveness in the use of scarce resources and thus obtain
optimal
returns on its investments;
d) Global
Competitiveness.
- The State shall enhance the competitiveness of the agriculture and
fisheries
sectors in both domestic and foreign markets;
e) Sustainable
Development.
- The State shall promote development that is compatible with the
preservation
of the ecosystem in areas where agriculture and fisheries activities
are
carried out. The State should exert care and judicious use of the
country's
natural resources in order to attain long-term sustainability;
f) People
Empowerment.
- The State shall promote people empowerment by enabling all citizens
through
direct participation or through their duly elected, chosen or
designated
representatives the opportunity to participate in policy formulation
and
decision-making by establishing the appropriate mechanisms and by
giving
them access to information; and
g) Protection
from Unfair
Competition. - The State shall protect small farmers and fisher
folk
from unfair competition such as monopolistic and oligopolistic
practices
by promoting a policy environment that provides them priority access to
credit and strengthened cooperative-based marketing system.
Sec. 3. Statement
of
Objectives. - This Act shall have the following objectives:
a)
To
modernize
the agriculture and fisheries sectors by transforming these sectors
from
a resource-based to a technology-based industry;
b) To
enhance
profits and
incomes in the agriculture and fisheries sectors, particularly the
small
farmers and fisherfolk, by ensuring equitable access to assets,
resources
and services, and promoting higher-value crops, value-added processing,
agribusiness activities, and agro-industrialization;
c) To
ensure the
accessibility,
availability and stable supply of food to all at all times;
d) To
encourage
horizontal
and vertical integration, consolidation and expansion of agriculture
and
fisheries activities, group functions and other services through the
organization
of cooperatives, farmers' and fisherfolk's associations, corporations,
nucleus estates, and consolidated farms and to enable these entities to
benefit from economies of scale, afford them a stronger negotiating
position,
pursue more focused, efficient and appropriate research and development
efforts and enable them to hire professional managers;
e) To
promote
people empowerment
by strengthening people's organizations, cooperatives and NGO's and by
establishing and improving mechanisms and resources for their
participation
in government decision-making and implementation;
f) To
pursue a
market-driven
approach to enhance the comparative advantage of our agriculture and
fisheries
sectors in the world market;
g) To
induce the
agriculture
and fisheries sectors to ascend continuously the value-added ladder by
subjecting their traditional or new products to further processing in
order
to minimize the marketing of raw, unfinished or unprocessed products;
h) To
adopt
policies that
will promote industry dispersal and rural industrialization by
providing
incentives to local and foreign investors to establish industries that
have backward linkages to the country's agriculture and fisheries
resource
base;
i) To
provide
social and
economic adjustment measures that increase productivity and improve
market
efficiency while ensuring the protection and preservation of the
environment
and equity for small farmers and fisherfolk; and
j) To
improve the
quality
of life of all sectors.
Sec. 4. Definition
of Terms.
-
"Agrarian Reform Community"
is a barangay at the minimum or a cluster of contiguous barangays where
there is a critical mass of farmers or farm workers and which features
the main thrust of agrarian development land tenure improvement and
effective
delivery of support services.
"Agricultural Lands" refers
to lands devoted to or suitable for the cultivation of the soil,
planting
of crops, growing of trees, raising of livestock, poultry, fish or
aquiculture
production, including the harvesting of such farm products, and other
farm
activities and practices performed in conjunction with such farming
operations
by persons whether natural or juridical and not classified by the law
as
mineral land, forest land, residential land, commercial land, or
industrial
land.
"Agricultural Land Use Conversion"
refers to the process of changing the use of agricultural land to
non-agricultural
uses.
"Agricultural Sector" is
the sector engaged in the cultivation of the soil, planting of crops,
growing
of fruit trees, raising of livestock, poultry, or fish, including the
harvesting
and marketing off such farm products, and other farm activities and
practices.
"Agricultural Mechanization"
is the development, adoption, manufacture and application of
appropriate
location-specific, and cost-effective agricultural technology using
human,
animal, mechanical, electrical and other non-conventional sources of
energy
for agricultural production and post-harvest operations consistent with
agronomic conditions and for efficient and economic farm management.
"Agriculture and Fisheries
Modernization" is the process of transforming the agriculture and
fisheries
sectors into one that is dynamic, technologically advanced and
competitive
yet centered on human development guided by the sound practices of
sustainability
and the principles of social justice.
"Agro-Processing Activities"
refers to the processing of raw agricultural and fishery products into
semi-processed or finished products which include materials for the
manufacture
for food and/or non-food products, pharmaceuticals and other industrial
products.
"Banks", collective used,
means government banks and private banks, rural banks and cooperative
banks.
"Basic Needs Approach to
Development" involves the identification, production and marketing of
wage
goods and services for consumption of rural communities.
"Communal Irrigation System
(CIS)" is an irrigation system that is managed by a bona fide
Irrigators
Association.
"Competitive Advantage" refers
to competitive edge in terms of product quality and/or price. It
likewise
refer to the ability to produce a product with the greatest relative
efficiency
in the use of resources.
"Cooperatives" refers to
duly registered associations of persons with a common bond of interest
who have voluntarily joined together to achieve a lawful common social
and economic end, making equitable contributions to the capital
required
and accepting a fair share of the risks and benefits of the undertaking
in accordance with universally accepted cooperatives principles.
"Department" refers to the
Department of Agriculture.
"Economic Scale " refers
to the minimum quantity of volume of goods required to be efficient.
"Economies of Scale"refers
to the decrease in unit cost as more units are produced due to the
spreading
out of fixed costs over a greater number of units produced.
"Empowerment" involves providing
authority, responsibility and information to people directly engaged in
agriculture and fishery production, primarily at the level of the
farmers,
fisher folk and those engaged in food and non-food production and
processing,
in order to give them wider choices and enable them to take advantage
of
the benefits of the agriculture and fishery industries.
"Extension Services" refers
to the provision of training, information, and support services by the
government and non-government organizations to the agriculture and
fisheries
sectors to improve the technical, business, and social capabilities of
farmers and fisher folk.
"Farmer's and Fisherfolk's
Organizations or Associations" refer to farmers and fisherfolks
cooperatives,
associations or corporations duly registered with appropriate
government
agencies and which are composed primarily of small agricultural
producers,
farmers, farm, workers, agrarian reform beneficiaries, fisher folk who
voluntarily join together to form business enterprises or non-business
organizations which they themselves own, control and patronize.
"Farm-to-Market Roads" refer
to roads linking the agriculture and fisheries production sites,
coastal
landing points and post-harvest facilities to the market and arterial
roads
and highways.
"Fisheries" refers to all
systems or networks of interrelated activities which include the
production,
growing, harvesting, processing, marketing, developing, conserving, and
managing of all aquatic resources and fisheries areas.
"Fisheries Sector" is the
sector engaged in the production, growing, harvesting, processing,
marketing,
developing, conserving, and managing of aquatic resources and fisheries
areas.
"Fishing" refers to the application
of techniques using various gear in catching fish and other fisheries
products.
"Fishing Grounds" refers
to areas in any body of water where fish and other aquatic resources
congregate
and become target of capture.
"Food Security" refers to
the policy objective, plan and strategy of meeting the food
requirements
of the present and future generations of Filipinos in substantial
quantity,
ensuring the availability and affordability of food to all, either
through
local production or importation, of both, based on the country's
existing
and potential resource endowment and related production advantages, and
consistent with the over all national development objectives and
policies.
However, sufficiency in rice and white corn should be pursued.
"Fresh Agricultural And Fishery
Products" refers to agricultural and fisheries products newly taken or
captured directly from its natural state or habitat, or those newly
harvested
or gathered from agricultural areas or bodies of water used for
aquiculture.
"Global Competitiveness"
refers to the ability to compete in terms of price, quality and value
of
agriculture and fishery products relative to those of other countries.
"Gross Value-Added" refers
to the total value, excluding the value of non-agricultural of fishery
intermediate inputs, of goods and services contributed by the
agricultural
and fisheries sectors.
"Head works" refers to the
composite parts of the irrigation system that divert water from natural
bodies of water such as river, streams, and lakes.
"Industrial Dispersal" refers
to the encouragement given to manufacturing enterprises to establish
their
plants in rural areas. Such firms normally use agricultural raw
materials
either in their primary or intermediate state.
"Irrigable Lands" refers
to lands which display marked characteristics justifying the operation
of an irrigation system.
"Irrigated Lands" refers
to lands services by natural irrigation or irrigation facilities. These
include lands where water is not readily available as existing
irrigation
facilities need rehabilitation or upgrading or where irrigation water
is
not available year-round.
"Irrigation System" refers
to a system of irrigation facilities covering contiguous areas.
"Irrigators' Association
(IA)" refers to an association of farmers within a contiguous area
served
by a National Irrigation System or Communal Irrigation System.
"Land Use" refers to the
manner of utilizing the land, including its allocation, development and
management.
"Land Use Plan" refers to
a document embodying a set of policies accompanied by maps and similar
illustrations which represent the community-deserved pattern of
population
distribution and a proposal for the future allocation of land to the
various
land-using activities, in accordance with the social and economic
objectives
of the people. It identifies the location, character and extent of the
area's land resources to be used for different purposes and includes
the
process and the criteria employed in the determination of the land use.
"Land Use Planning" refers
to the act of defining the allocation, utilization, development and
management
of all lands within a given territory or jurisdiction according to the
inherent qualities of the land itself and supportive of sustainable,
economic,
demographic, socio-cultural and environmental objectives as an aid to
decision-making
and legislation.
"Main Canal" refers to the
channel where diverted water from a source flows to the intended area
to
be irrigated.
"Market Infrastructure" refers
to facilities including, but not limited to, market buildings,
slaughterhouses,
holding pens, warehouses, market information centers, connecting roads,
transport and communication and cold storage used by the farmers and
fisher
folk in marketing their produce.
"National Information Network
(NIN)" refers to an information network which links all offices and
levels
of the Department with various research institutions and local
end-users,
providing easy access to information and marketing services related to
agriculture and fisheries.
"National Irrigation System
(NIS)" refers to a major irrigation system managed by the National
Irrigation
Administration.
"Network of Protected Areas
for Agricultural and Agro-industrial Development (NPAAD)" refers to
agricultural
areas identified by the Department through the Bureau of Soils and
Water
Management in coordination with the National Mapping and Resources
Information
Authority in order to ensure the efficient utilization of land for
agriculture
and Agro-industrial development and promote sustainable growth . The
NPAAD
covers all irrigated areas, all irrigable lands already covered by
irrigation
projects with firm funding commitments; all alluvial plain land highly
suitable for agriculture whether irrigated or not; Agro-industrial crop
lands or lands presently planted to industrial crops that support the
viability
of existing agricultural infrastructure and agro-based enterprises,
highlands,
areas located at an elevation of five hundred (500) meters or above and
have the potential for growing semi temperate and high-value crops; all
agricultural lands that are ecological fragile, the conversion of which
will result in serious environmental degradation, and mangrove areas
and
fish sanctuaries.
"On-Farm Irrigation Facilities"
refers to composite facilities that permit entry of water to paddy
areas
and consist of farm ditches and turnouts.
"Primary Processing" refers
to the physical alteration of raw agricultural or fishery products with
or without the use of mechanical facilities.
"Post-Harvest Facilities"
includes, but is not limited to , threshing, drying, milling, grading ,
storing, and handling of produce and such other activities as
stripping,
winnowing, chipping and washing.
"Post -Harvest Facilities"
includes, but it is not limited to, threshers, moisture meters, dryers,
weighing scales, milling equipment, fish ports, fish landings, ice
plants
and cold storage facilities, processing plants, warehouses, buying
stations,
market infrastructure and transportation.
" Premature Conversion of
Agricultural Land" refers to the undertaking of any development
activity,
the results of which modify or alter the physical characteristics of
the
agricultural lands to render them suitable for non-agricultural
purposes,
without an approved order of conversion from the DAR.
" Resource Accounting" refers
to a tracking changes in the environment and natural resources
biophysically
and economically (in monitory terms)
"Resource-based" refers to
the utilization of natural resources.
"Rural Industrialization"
refers to the process by which the economy is transformed from one that
is predominantly agricultural to one that is dominantly industrial and
service-oriented. Agriculture provides the impetus and push for
industry
and services through the market that it creates, the labor that it
absorbs,
and the income that it generates which is channeled to industry and
services.
As development continues, with agriculture still an important sector,
industry
and services begin to generate income and markets and concomitantly
increase
their share of total income.
"Strategic Agriculture and
Fisheries Development Zones (SAFDZ)" refers to the areas within the
NAPAAD
identified for production, Agro-Processing and marketing activities to
help develop and modernize, either the support of government, the
agriculture
and fisheries sectors in an environmentally and socio-cultural sound
manner.
"Secondary Canal" refers
to the channel connected to the main canal which distributes irrigation
to specific areas.
"Secondary Processing" refers
to the physical transformation of semi-processed agricultural or
fishery
products.
"Shallow Tube Well (STW)"
refers to a tube or shaft vertically set into the ground for the
purpose
of bringing ground water to the soil surface from a depth of less than
20 meters by suction lifting.
"Small Farmers and Fisherfolk"
refers to natural person dependent on small-scale subsistence farming
and
fishing activities as their primary source of income.
"Small and Medium Enterprise
(SME)" refers to any business activity or enterprise engaged in
industry,
agribusiness and/or services, whether single proprietorship,
cooperative,
partnership or corporation whose total assets, inclusive of those
arising
from loans but exclusive of the land on which the particular business
entity's
office, plan and equipment are situated, must have value falling under
the following categories:
Micro
- not
more
than P 1,500,000
Small - P
1,500,001
to P
15,000,000
Medium -
P15,000,001 to P
60,000,000
The
Department, in
consultation
with the Congressional Oversight Committee on Agricultural and
Fisheries
Modernization, may adjust the above values as deemed necessary.
"Socio-culturally Sound"
means the consideration of the social structure of the community such
as
leadership pattern, distribution of roles across gender and age groups,
the diversity of religion and other spiritual beliefs, ethnicity and
cultural
diversity of the population.
"Technology-based" refers
to utilization of technology.
"Zoning Ordinance" refers
to a local legislation approving the development land use plan and
providing
for the regulations and other conditions on the uses of land including
the limitation of the infrastructure that may be placed within the
territorial
jurisdiction of a city or municipality.
TITLE IPRODUCTION
AND
MARKETING
SUPPORT SERVICESChapter
1Strategic
Agricultural
and Fisheries Development Zones
Sec. 5. Declaration of
Policy. - It is the policy of the State to ensure that all sectors
of the economy and all regions of the country shall be given optimum
opportunity
to develop through the rational and sustainable use of resources
peculiar
to each area in order to maximize agricultural productivity, promote
efficiency
and equity and accelerate the modernization of the agriculture and
fisheries
sectors of the country.
Sec. 6. Network of Areas
for Agricultural and Agro-Industrial Development. -The Department
shall,
within six (6) months after the approval of this Act, and in
consultation
wit the local government units , appropriate government agencies,
concerned
non-government organizations (NGOs)and organized farmers' and
fisherfolk's
groups, identify the strategic Agriculture and Fisheries Development
Zones
(SAFDZ) within the network of protected areas for agricultural and
agro-industrial
development to ensure that lands are efficiently and sustainably
utilized
for food and non-food production and agro-industrialization.
The SAFDZ which shall serve
as centers where development in the agriculture and fisheries sectors
are
catalyzed in an environmentally and socio-cultural sound manner, shall
be identified on the basis of the following criteria
a. Agro-climatic and environmental
conditions giving the area as competitive advantage in the cultivation,
culture, production and processing of particular crops, animals and
aquatic
products;
b. Strategic location of
the area for the establishment of agriculture or fisheries
infrastructure,
industrial complexness, production and processing zones;
c. Strategic location and
of the area for market development and market networking both at the
local
and international levels; and
d. Dominant presence of agrarian
reform communities (ARCs) and/or small owner-cultivators and amortizing
owners/agrarian reform beneficiaries and other small farmers and fisher
folk in the area.
The SAFDZ shall have an integrated
development plan consisting of production, processing, investment,
marketing,
human resources and environmental protection components.
Sec. 7. Modern Farms.
- The Department in coordination with the local government units (LGUs)
and appropriate government agencies, may designate agrarian reform
communities
(ARCs) and other areas within the SAFDZ suitable for economic scale
production
which will serve as model farms.
Farmer-landowners whose lands
are located within these designated areas shall be given the option to
enter into a management agreement with corporate entities with proven
competence
in farm operations and management, high-end quality production and
productivity
through the use of up-to-date technology and collateral resources such
as skilled manpower, adequate capital and credit, and access to
markets,
consistent with the existing laws.
Sec. 8. Mapping. -
The Department, through the Bureau of Soils and Water Management
(BSWM),
in coordination with the National Mapping and Resource Information
Authority
(NAMRIA) and the Housing and Land Use Regulatory Board (HLURB) shall
undertake
the mapping of network of areas for agricultural and agro-industrial
development
for all municipalities, cities and an appropriate scale. The BSWM may
call
on other agencies to provide technical and other logistical support in
this undertaking .
Sec. 9. Delineation of
Strategic Agriculture and Fisheries Development Zones. - The
Department,
in consultation with the Department of Agrarian Reform, the Department
of Trade and Industry, the Department of Environment and Natural
Resources,
Department of Science and Technology, the concerned LGU's, the
organized
farmers and fisher folk groups, the private sector and communities
shall,
without prejudice to the development of identified economic zones and
free
ports, establish and delineate based on sound resource accounting, the
SAFDZ within one (1) year from the effectivity of this Act.
All irrigated lands, irrigable
lands already covered by irrigation a projects with firm funding
commitments,
and lands with existing or having the potential for growing high-value
crops so delineated and included within the SAFDZ shall not be
converted
for a period of five (5) years front the effectivity for this Act: Provided,
however, That not more than five percent (5%) of the said lands
located
within the SAFDZ may be converted upon compliance with existing laws,
rules,
regulations, executive order and issuances, and administrative orders
relating
to land use conversion: Provided, further, That thereafter 1) a
review of the SAFDZ, specifically of the productivity of the areas,
improvement
of the quality of life of farmers and fisher folk, and efficiency and
defectiveness
of the support services shall be conducted by the Department and the
Department
of Agrarian Reform, in coordination with the Congressional Oversight
Committee
on Agricultural Committee and Fisheries Modernization; 2) conversion
may
be allowed, if at all, on a case-to-case basis subject to existing
laws,
rules, regulations, executive orders and issuances, and administrative
orders governing land use conversion; 3) in case of conversion, the
land
owners will pay the Department the amount equivalent to the
government's
investment cost including inflation.
Sec. 10. Preparation of
Land Use and Zoning Ordinance. - Within one (1) year from the
finalization
of the SAFDZ, in every city and municipality, all cities and
municipalities
shall have prepared their respective land use and zoning ordinance
incorporating
the SAFDZ, where applicable. Thereafter, all land use plans and zoning
ordinances shall be updated every four (4) years or as often as may be
deemed necessary upon the recommendation of the Housing and Land Use
Regulatory
Board and must be completed within the first year of the term of office
of the mayor. If the cities/municipalities fail to comply with the
preparation
of zoning and land use plans, the DILG shall impose the penalty as
provided
for under Republic Act No.7160
Sec. 11. Penalty for Agricultural
Inactivity and Premature Conversion. - Any person or juridical
entity
who knowingly or deliberately causes any irrigated agricultural lands
seven
(7) hectares or larger, whether contiguous for not, within the
protected
areas for agricultural development, as specified under Section 6 in
relation
to Section 9 of this Act, to lie idle and unproductive for a period
exceeding
one (1) year, unless due to force majeure, shall be subject to an idle
land tax of Three Thousand Pesos (P3,000.00) per hectare per year. In
addition,
the violator, shall be required to put back such lands to productive
agricultural
use. Should the continued agricultural inactivity, unless due to force
majeure, exceed a period of two (2) years, the land shall be subject to
escheat proceedings.
Any person found guilty of
premature or illegal conversion shall be penalized with imprisonment of
two (2) to six (6) years, or a fine equivalent to one hundred percent
(100%)
of the government's investment cost, or both, at the discretion of the
court, and an accessory penalty of forfeiture of the land and any
improvement
thereon.
In addition, the DAR may
impose the following penalties, after determining, in an administrative
proceedings, that violation of this law has been committed:
a.
Consolation or
withdrawal of the authorization for land use conversion; and
b.
Backlisting, or
automatic
disapproval of pending and subsequent conversion applications that they
may file with the DAR.
Sec. 12.
Protection
of Watershed
Areas. - All watersheds that are sources of water for existing and
potential irrigable areas and recharge areas of major aquifers
identified
by the Department of Agriculture and the Department of Environment and
Natural resources shall be preserves as such at all times.Chapter
2Agriculture
and
Fisheries
Modernization Plan
Sec. 13. Agriculture and
Fisheries Modernization Plan (AFMP). - The Department, in
consultation
with the farmers and fisher folk, the private sector, NGOs, people's
organizations
and the appropriate government agencies and offices, shall formulate
and
implement a medium- and long-term comprehensive Agriculture and
Fisheries
Modernization Plan.
The Agriculture and Fisheries
Modernization Plan shall focus on five (5) major concerns:
a.
Food
security;
b.
Poverty
alleviation and
social equity;
c. Income
enhancement and
profitability, especially for farmers and fisher folk;
d. Global
competitiveness;
and
e.
Sustainability.
Sec. 14. Food
Security ,
Poverty Alleviation, Social Equity and Income Enhancement. - The
Department,
in coordination with other concerned departments or agencies, shall
formulate
medium-and long-term plans addressing food security, poverty
alleviation,
social equity and income enhancement concerns based on, but not limited
to, the following goals and indicators for development:
a.
Increased
income
and profit of small farmers and fisherfolk;
b.
Availability of
rice and
other staple foods at affordable process;
c.
Reduction of
rural poverty
and income inequality;
d.
Reduction of the
incidence
of malnutrition;
e.
Reduction of
rural unemployment
and underemployment; and
f.
Improvement in
land tenure
of small farmers.
Sec. 15. Global
Competitiveness
and Sustainability. - The Department shall formulate
medium-and-long-term
plans aimed at enhancing the global competitiveness and sustainability
of the country in agriculture and fisheries based on, but not limited
to,
the following goals and indicators for development:
a.
Increase
in the
volume, quality and value of agriculture and fisheries production for
domestic
consumption and for exports;
b.
Reduction in
post-harvest
losses;
c.
Increase in the
number/types
and quality of processed agricultural and fishery products;
d.
Increase in the
number
of international trading partners in agriculture and fishery products;
e.
Increase in the
number
of sustainable agriculture and fisheries firms engaged in domestic
production,
processing, marketing and export activities;
f.
Increase in and
wider
level of entrepreneurship among farmers and fisher folk in the area;
g.
Increase in the
number
of farms engaged in diversified farming; and
h.
Reduced use of
agro-chemicals
that are harmful to health and the environment.
Sec. 16. Global
Climate Change.
- The Department, in coordination with the Philippine Atmospheric,
Geophysical
and Astronomical Service Administration (P. A. G. A. S. A.) and such
other
appropriate government agencies, shall devise a method of regularly
monitoring
and considering the effect of global climate changes, weather
disturbances,
and annual productivity cycles for the purpose of forecasting and
formulating
agriculture and fisheries production programs.
Sec. 17. Special Concerns.
- The Department shall consider the following areas of concerns, among
other in formulating the AFMP:
a.
Strategies and
programs aimed to achieve growth and profitability targets in the
context
of the constraints and challenges of the World Trade Organization (WTO);
b.
Programs arising
from
the implementation of the Agrarian Reform Program;
c.
Identification
of SAFDZ;
d.
Infrastructure
and market
support for the SAFDZ;
e.
Infrastructure
support
to make agriculture and fisheries production inputs, information and
technology
readily available to farmers, fisherfolk, cooperatives and
entrepreneurs;
f. Credit
programs
for small
farmers and fisher folk, and agricultural graduates;
g.
Comprehensive
and integrated
agriculture and fisheries research, development and extension services;
h.
Preservation of
biodiversity,
genetic materials and the environment;
i.
Adequate and
timely response
against environmental threats to agriculture and fisheries;
j. Rural
non-farm
employment;
k. Access
to
aquatic resources
by fisher folk;
l. Basic
needs
program for
the impoverished sectors of society who will be affected by
liberalization;
m.
Indigenous
peoples;
n. Rural
youth;
o. Women;
p.
Handicapped
persons; and
q. Senior
citizens.
Sec. 18.
Monitoring
and Evaluation.
- The Department shall develop the capability of monitoring the AFMP
through
a Program Benefit Monitoring and Evaluation System (PBMES). In
addition,
it can secure the services of independent consultants and external
evaluators
in order to assess its over-all impact. The Department shall make
periodic
reports to the Congressional Oversight Committee on Agriculture and
Fisheries
Modernization.
Sec. 19. Role of Other
Agencies. - All units and agencies of the government shall support
the Department in the implementation of the AFMP.
In particular, the Department
of Public Works and Highways shall coordinate with the Department with
respect to the infrastructure support aspect of the plan order to
accomplish
networking of related infrastructure facilities.
The Department of Interior
and Local Government shall provide assistance to the Department in
mobilizing
resources under the control of local government units.
The Department of Trade and
Industry, Agrarian Reform, Science and Technology, and Environment and
Natural Resources shall coordinate their investment programs and
activities
to complement the Department's implementation of the AFMP.
The Department of Education,
Culture and Sports, the Technical Educational and Skills Development
Authority,
the Department of Health with the Department of Social Services and
Development
shall coordinate with the Department to determine the financial
requirements
of small farmers and fisherfolk to adjust to the effects of
modernization
as envisioned in the Agriculture and Fisheries Modernization Plan.
The departments referred
above shall be required to identify in their budget proposals the
allocation
intended for the improvement of the environmental and other conditions
affecting agriculture and fisheries.
Congressional initiatives
shall also be coordinated by the Committees on Agriculture on both
Houses
to complement and enhance the programs and activities of the Department
in the implementation of the AFMP.
Chapter
3Credit
Sec.20. Declaration of
Policy. - It is hereby declared the policy of the State to
alleviate
poverty and promote vigorous growth in the countryside through access
to
credit by small farmers, fisher folk, particularly the women involved
in
the production, processing and trading of agriculture and fisheries
products
and the small and medium scale enterprises (SMEs) and industries
engaged
in agriculture and fisheries.
Interest rates shall be determined
by market forces, provided that existing credit arrangements with
agrarian
reform beneficiaries are not affected. Emphasis of the program shall be
on proper management and utilization.
In this regard, the State
enjoins the active participation of the banking sector and government
financial
institutions in the rural financial system.
Sec. 21. Phase-out of
the Directed Credit Programs (DCPs) and Provision for the Agro-Industry
Modernization Credit and Financing Program (AMCPP). - The
Department
shall implement existing DCPs; however, the Department shall, within a
period of four (4) years from the effectivity of this Act, phase-out
all
DCPs and deposit all its loanable funds including those under the
Comprehensive
Agricultural Loan Fund (CALF) including new funds provided by this Act
for the AMCFP and transfer the management thereof to cooperative banks
, rural banks, government financial institutions and viable NGOs for
the
Agro-Industry Modernization Credit Financing Program (AMCFP). Interest
earnings of the said deposited loan funds shall be reverted to the
AMCFP.
Sec.22. Coverage. -
An agriculture, fisheries and agrarian reform credit and financing
system
shall be designed for the use and benefit of farmers, fisher folk those
engaged in food and non-food production, processing and trading,
cooperatives,
farmers'/fisherfolk's organization, and SMEs engaged in agriculture
hereinafter
referred to in this chapter as the "beneficiaries"
Sec. 23. Scope of the
Agro-Industry Modernization Credit and Financing Program (AMCFP). -
The Agro-Industry Modernization Credit and Financing Program shall
include
the packaging and delivery of various credit assistance programs for
the
following:
a.
Agriculture and
fisheries production including possessing of fisheries and agri-based
products
and farm inputs;
b.
Acquisition of
work animals,
farm and fishery equipment and machinery;
c.
Acquisition of
seeds,
fertilizer, poultry, livestock, feeds and other similar items;
d.
Procurement of
agriculture
and fisheries products for storage, trading , processing and
distribution;
e.
Acquisition of
water pumps
and installation of tube wells for irrigation;
f.
Construction ,
acquisition
and repair of facilities for production, processing , storage,
transportation,
communication, marketing and such other facilities in support of
agriculture
and fisheries;
g.
Working capital
for agriculture
and fisheries graduates to enable them to engage in agriculture and
fisheries
related economic activities;
h.
Agribusiness
activities
which support soil and water conservation and ecology-enhancing
activities;
i.
Privately-funded
and LGU-funded
irrigation systems that are designed to protect the watershed;
j.
Working capital
for long-gestating
projects; and
k. Credit
guarantees on uncollaterized
loans to farmers and fisherfolks.
Sec. 24. Review
of
the mandates
of Land Bank of the Philippines Crop Insurance Corporation, Guarantee
Fund
For Small and Medium Enterprises, Quedan and Rural Credit Guarantee
Corporation,
Agricultural Credit Policy Council. - The Department of Finance
shall
commission and independent review of the charters and the respective
programs
of the Land Bank of the Philippines (LBP), Philippine Crop Insurance
Corporation
(PCIC), Guarantee Fund for Small and Medium Enterprises (GFSME), Quedan
and Rural Credit Guarantee Corporation (Quendancor), and Agricultural
Credit
Policy Council (ACPC), and recommend policy changes and other measures
to induce the private sectors participation in lending to agriculture
and
to improve credit access by farmers and fisherfolk: Provided, That
agriculture
and fisheries projects with long gestation period shall be entitled to
a longer grace period in repaying the loan based on the economic life
of
the project.
The Land Bank of the Philippines,
shall, in accordance with its original mandate, focus primarily on
plans
and programs in relation to the financing of agrarian reform and the
delivery
of credit services to the agriculture and fisheries sectors, especially
to small farmers and fisherfolk.
The review shall start six
(6) months after the enactment of this Act. Thereafter, the review
shall
make recommendations to the appropriate Congressional Committees for
possible
legislative actions and to the Executive Branch for policy and program
changes within six (6) months after submission.
Sec. 25. Rationalization
of Credit Guarantee Schemes and Funds. - All existing credit
guarantee
schemes and funds applicable to the agriculture and fishery sectors
shall
be rationalized and consolidated into an Agriculture and Fisheries
Credit
Guarantee Fund. The rationalization shall cover the credit guarantee
schemes
and funds operated by the Quendancor, the GFSME and the Comprehensive
Agricultural
Loan Fund. The Agriculture and Fisheries Credit Guarantee Fund shall be
managed and implemented by the Quendancor Provided, That representation
to the Quendancor Board shall be granted to cooperatives, local
government
units and rural financial institutions; Provided, further, That credit
guarantee shall be given only to small-scale agriculture and fisheries
activities and to countryside micro-small, and medium enterprises. It
may
also cover loan guarantees for purchase orders and sales contracts.
The Agriculture and Fisheries
Credit Guarantee Fund shall be funded by at least ten percent (10%) of
the funding allocation for the AMCFP.
Chapter
4Irrigation
Sec. 26. Declaration of
Policy. - It is the policy of the State to use its natural
resources
rationally and equitably. The state shall prevent the further
destruction
of watersheds, rehabilitate existing irrigation systems and promote the
development of irrigation systems that are effective, affordable,
appropriate,
and efficient.
In the choice of location-specific
irrigation projects, the economic principle of comparative advantage
shall
always be adhered to.
Sec. 27. Research and
Development. - Irrigation Research and Development (R&D) shall
be pursued and priority shall be given to the development of effective,
appropriate , and efficient irrigation and water management
technologies.
The Department shall coordinate
with the Department of Environment and Natural Resources concerning the
preservation and rehabilitation of watersheds to support the irrigation
systems.
Sec. 28. Criteria for
Selection of Irrigation Development Scheme. - The Selection of
appropriate
scheme of irrigation development shall be location-specific and based
on
the following criteria:
a.
Technical
feasibility;
b.
Cost-effectiveness;
c.
Affordability,
low investment
cost per unit area;
d.
Sustainability
and simplicity
of operation;
e.
Recovery of
operation
and maintenance cost;
f.
Efficiency in
water use;
g. Length
of
gestation period;
and
h.
Potential for
increasing
unit area productivity.
All
irrigation projects
shall,
in addition to the criteria enumerated above, be subjected to a social
cost-benefit analysis.
Sec. 29. Simplified Public
Bidding. - The construction, repair, rehabilitation, improvement,
or
maintenance of irrigation projects and facilities shall follow the
Commission
on Audit (COA) rules on simplified public bidding.
Irrigation projects undertaken
by farmers, farmer's organizations and other private entities whose
funding
is partly or wholly acquired by way of loan from government financial
institutions
shall not be subject to the bidding requirements of the government.
Sec. 30. National Irrigation
Systems (NIS). - The National Irrigation Administration (NIA)
shall
continue to plan, design, develop, rehabilitate, and improve the NISs.
It shall continue to maintain and operate the major irrigation
structures
including the head works and main canals.
In addition, the NIA is mandated
to gradually turn over operation and maintenance of the National
Irrigation
System's secondary canals and on-farm facilities to Irrigators'
Associations
Sec. 31. Communal Irrigation
Systems (CIS). - The Department shall, within five (5) years from
the
effectivity of this Act, devolve the planning, design and management of
CISs, including the transfer of NIA's assets and resources in relation
to the CIS, to the LGUs. The budget for the development, construction,
operation and maintenance of the CIS and other types of irrigation
systems
shall be prepared by and coursed through the LGUs. The NIA shall
continue
to provide technical assistance to the LGUs even after complete
devolution
of the Irrigation Systems to the LGUs, as may be deemed necessary.
Sec. 32. Minor Irrigation
Schemes. - The Department shall formulate and develop a plan for
the
promotion of a private sector-led development of minor irrigation
systems,
such as Shallow Tube Wells (STWs), Low-Lift pumps (LLPs) and other
inundation
systems. the plan shall be included in the Short-term Agriculture and
fisheries
Modernization Plan.
Sec. 33. Other Irrigation
Construction Schemes. - The Government shall also encourage the
construction
of irrigation facilities through other viable schemes for the
construction
of irrigation such as build-operate-transfer, build-transfer and other
schemes that will fast-track the development of irrigation systems.
Sec. 34. Guarantee of
the National Government. - To make build-operate-transfer (BOT)
projects
for irrigation attractive to proponents, the national government shall
issue the need payment guarantee for BOT projects which shall answer
for
default of the National Irrigation Administration. Such amounts needed
to answer for the payment guarantee is hereby to be appropriated.
Sec. 35. Irrigation Service
Fees (ISF). - Upon effectivity of this Act, the NIA shall
immediately
review the ISF rates and recommend to the Department reasonable rates
within
six (6) months from the effectivity of this Act.
Sec. 36. Monitoring and
Evaluation. - The Department shall monitor the implementation of
R&D
programs and irrigation projects. The Department shall review all
existing
irrigation systems every four (4) years, to determine their viability
or
ineffectiveness. The Department shall employ the services of
independent
evaluators to assess the overall impact of the country's irrigation
development
.
Sec. 37. Exemption from
Election Ban. - The repair, maintenance and rehabilitation of
irrigation
facilities as well as BOT irrigation projects shall be exempted from
the
scope of the election ban on public works.
Chapter
5Information
and
Marketing
Support Service
Sec. 38. Declaration of
Policy. - It is hereby declared the policy of the State to empower
Filipino farmers and fisherfolk, particularly the women, involved in
agriculture
and fisheries through the provision of timely, accurate and responsive
business information and efficient trading services which will link
them
to profitable markets for their products. They shall likewise be given
innovative support toward the generation of maximum income through
assistance
in marketing.
Sec. 39. Coverage. -
A market information system shall be installed for the use and benefit
of, but not limited to, the farmers and fisher folk, cooperatives,
traders,
processors, the LGUs and the Department.
Sec. 40. The Marketing
Assistance System. - The Department shall establish a National
Marketing
Assistance Program that will immediately lead to the creation of a
national
marketing umbrella in order to ensure the generation of the highest
possible
income for the farmers and fisher folk or groups of farmers and fisher
folk, matching supply and demand in both domestic and foreign markets.
Sec. 41. National Information
Network. - A National Information Network (NIN) shall be set up
from
the Department level down to the regional, provincial and municipal
offices
within one (1) year from the approval of this Act taking into account
existing
information networks and seems.
The NIN shall likewise link
the various research institutions for easy access to data on
agriculture
and fisheries research and technology. All departments, agencies,
bureaus,
research institutions, and local government units shall consolidate and
continuously update all relevant information and data on a periodic
basis
and make such data available on the Internet.
Sec. 42. Information and
Marketing Service. - The NIN shall provide information and
marketing
services related to agriculture an fisheries which shall include the
following:
a.
Supply
data;
b. Demand
data
c. Price
and Price
trends;
d.
Product
standards for
both fresh and processed agricultural and fisheries projects;
e.
Directory of,
but not
limited to cooperatives, traders, key market centers, processors and
business
institutions concerned with agriculture and fisheries at the provincial
and municipal levels;
f.
Research
information and
technology generated from research institutions involved in agriculture
and fisheries;
g.
International,
regional
and local market forecasts; and
h.
Resource
accounting data.
Sec. 43.
Initial
Set-up.
- The Department shall provide technical assistance in setting -up the
NIN at the local level through the cooperatives and the LGUs Provided ,
That , at the local level, a system that will make marketing
information
and services related to agriculture and fisheries will be readily
available
in the city/municipal public market for the benefit of the producers,
traders
and consumers.
Sec. 44. Role of Government
Agencies. - The Bureau of Agricultural Statistics will serve as the
central information server and will provide technical assistance to
end-users
in accessing and analyzing product and market information and
technology.
The Department of Transportation
and Communications shall provide technical and infrastructure
assistance
to the Department in setting up the NIN.
LGUs shall coordinate with
the Department for technical assistance in order to accelerate the
establishment
and training of information end-users in their respective jurisdictions.
The Cooperative Development
Authority shall coordinate with the Department for technical assistance
in order to provide training assistance to cooperatives in the use of
market
information and technology.
Sec. 45. Role of Private
Sector- The NIN shall likewise be accessible to the private sector
engaged
in agriculture and fisheries enterprises. The Department shall
formulate
guidelines and determine fees for private sector entities that use the
NIN.
Chapter
6Other
Infrastructure
Sec. 46. Agriculture and
Fisheries Infrastructure Support Services. - The Department of
Public
Works and Highways , the Department of Transportation and
Communications,
the Department of Trade and Industry and the LGUs shall coordinate with
the Department to address the infrastructure requirements in accordance
with this Act Provided, that The Department and the LGU shall also
strengthen
its agricultural engineering support in carrying out the smooth and
expeditious
implementation of agricultural infrastructure projects.
Sec. 47. Criteria for
Prioritization. - The prioritization of government resources for
rural
infrastructure shall be based on the following criteria:
a.
Agro-industrial
potential of the area;
b.
Socio-economic
contributions
of the investments in the area;
c.
Absence of
public investments
in the area; and
d.
Presence of
agrarian reform
beneficiaries and other small farmers and fisher folk in the area.
Sec. 48. Public
Infrastructure
Facilities. - Public Infrastructure investments shall give
preference
to the kind , type and model of infrastructure facilities that are
cost-effective
and will be useful for the production, conservation, and distribution
of
most commodities and should benefit the most number of agriculture and
fisheries producers and processors.
Sec. 49. Private Infrastructure
Facilities. - For infrastructure facilities primarily benefiting
private
investors, the State shall facilitate the purchase and use of such
utilities
and shall keep to the minimum the bureaucratic requirements for these
types
of investments. Private investors include cooperatives or corporations
of agriculture and fisheries producers and processors.
Sec. 50. Public Works
Act. - The Department of Public Works and Highways shall coordinate
with the Department for the purpose of determining the order of
priorities
for public works funded under the Public Works Act directly or
indirectly
affect agriculture and fisheries.
Sec. 51. Fishports, Seaports
and Airports. - The Department of Transportation and
Communications,
Philippine Ports Authority and Philippine Fisheries Development
Authority
shall coordinate with the Department for the purpose of determining
priority
fishports, seaports and airports and facilitating the installation of
bulk-handling
and storage facilities , and other post-harvest facilities needed to
enhance
the marketing of agriculture and fisheries products Provided, that
fishports
, seaports an airports are also equipped with quarantine , sanitary and
phytosanitary centers. The Department of Transportation and
Communications
(DOTC) shall have the mandate to cancel arrastre and cargo handling
franchises
among operators whom it deems inefficient and/or ineffective owing, but
not limited to, a past history of under-capitalization, lack of
equipment
and lack of professional expertise. The DOTC shall recommend to the
Philippine
Ports Authority and consult with ship-owners and ship-operators in
assessing
the cargo-handling capabilities of cargo operators prior to extending
new
franchises or awards.
Sec. 52. Farm-to-Market
Roads. - The Department shall coordinate with the LGUs and the
resident-farmers
and fisher folk in order to identify priority locations of farm-to
-market
roads that take into account the number of farmer and fisher folk and
their
families who shall benefit therefrom and the amount , kind and
importance
of agricultural and fisheries products produced in the area.
Construction of farm-to-market
roads shall be a priority investment of the LGUs which shall provide a
counterpart of not less than ten percent (10%) of the project cost
subject
to their IRA in the area.
Sec. 53. Rural Energy.
- The Department shall coordinate with the Department of Energy
(DOE),
the Department of Public Works and Highways (DPWH), the National
Electrification
Administration (NEA) and the National Power Corporation (NAPOCOR) for
the
identification and installation of appropriate types of energy sources
particularly in the use of non-conventional energy sources for the
locality
in order to enhance agriculture and fisheries development in the area.
Sec. 54. Communications
Infrastructure. - The Department shall coordinate with the DOTC to
facilitate the installation of telecommunication facilities in priority
areas, in order to enhance agriculture and fisheries development .
Sec. 55. Water Supply
System. - the Department shall coordinate with the DPWH and the
LGUs
for the identification and installation of water supply system in the
locality
for agro-industrial uses to enhance agriculture and fisheries
development
in the area.
Sec. 56. Research and
Technology Infrastructure. - The Department in coordination with
other
government agencies shall give priority and facilitate the funding of
infrastructure
necessary for research ventures such as farm laboratories and
demonstration
farms with state colleges and universities that derive their core funds
from the Department .
Sec. 57. Post-Harvest
Facilities. - The Department shall coordinate with the Bureau of
Post-Harvest
for Research and Extension and the Post-harvest Horticulture, Training
and Research Center of the University of the Philippines, Los
Baños,
to identify appropriate post-harvest facilities and technology needed
to
enhance agriculture and fisheries development in the area.
Sec. 58. Public Market
and Abattoirs. - The Department shall encourage the LGUs to turn
over
the management and supervision of public markets and abattoirs to
market
vendors' cooperatives and for that purpose, the appropriation for
post-harvest
facilities shall include the support for market vendor' facilities.
The Department shall coordinate
with the LGUs in the establishment of standardized market systems and
use
of sanitary market , facilities , and abattoirs, intended to ensure the
food safety and quality.
All markets shall have a
sanitation unit, proper and adequate drainage and sewerage system,
ample
water supply, public toilets with lavatories, garbage receptacles, ice
plants and cold storage, adequate lighting and ventilation and supply
of
electricity to ensure cleanliness and sanitation. Price monitoring
bulletin
boards for selected commodities and weighing scales accessible to the
public
shall also be established.
Proper protection and preservation
of agriculture and fisheries products being sold in the market shall
also
be observed. All foods which require no further cooking shall be
wrapped
, covered , or enclosed in containers to preserve the freshness and
prevent
contamination. Selling of products on market floors shall be prohibited.
Sec. 59. Agricultural
Machinery. - The Department shall give priority to the development
and promotion of appropriate agricultural machinery and other
agricultural
mechanization technologies to enhance agricultural mechanization in the
countryside.
Chapter
7Products
Standardization
and Consumer Safety
Sec. 60. Declaration of
Policy. - It is the policy of the State that all sectors involved
in
the production, processing, distribution and marketing of food and
non-food
agricultural and fisheries products shall adhere to, and implement the
use of product standards in order to ensure consumer safety and promote
the competitiveness of agriculture and fisheries products.
Sec. 61. Bureau of Agriculture
and Fisheries Product Standards. - The Department, within six (6)
months
after the approval of this act, and in consultation with the Department
of Trade and Industry and the Bureau of Food and Drug, shall establish
the Bureau of Agriculture and Fisheries Product Standards (BAFPS).
Sec. 62. Coverage. -
The BAFPS shall set and implement standards for fresh, primary-and
-secondary-processed
agricultural and fishery products.
Sec. 63. Powers and Functions. - The BAFPS
shall
have the following powers and functions:
a.
Formulate
and
enforce standards of quality in the processing, preservation,
packaging,
labeling, importation, exportation, distribution, and advertising of
agricultural
and fisheries products;
b.
Conduct research
on product
standardization, alignment of the local standards with the
international
standards; and
c.
Conduct regular
inspection
of processing plants, storage facilities, abattoirs, as well as public
and private markets in order to ensure freshness, safety and quality of
products.
Sec. 64. Pool
of
Experts
and Advisers. - The BAFPS may coordinate, seek the services of,
and
consult with both private and governmental agencies, research
institute,
educational establishments and such other individuals and entities with
expertise in the field of product standards and consumer safety.
The Department of Trade and
Industry, the Food and Nutrition Research Institute, and the Bureau of
Food and Drug Administration shall provide technical advice and form
part
of the pool of experts/advisers of the BAFPS.
TITLE 2HUMAN
RESOURCE
DEVELOPMENT
Sec. 65. Declaration of
Policy. - It is hereby declared the policy of the State to give
priority
to education and training on science and technology in order to
accelerate
social progress and promote total human liberation and development.
The State shall promote industrialization
and full employment, based on sound agriculture and fisheries
development
and agrarian reform, through industries that make full and efficient
use
of human and natural resources.
Sec. 66. National Agriculture
and Fisheries Education System (NAFES). - The Commission on Higher
Education (CHED), in coordination with the Department and appropriate
government
agencies, shall establish a National Agriculture and Fisheries
Education
System (NAFES) which shall have the following objectives:
a.
To
establish,
maintain and support a complete and integrated system of agriculture
and
fisheries education relevant to the needs of the economy, the community
and society.
b. To
modernize and
rationalize
agriculture and fisheries education from the elementary to the tertiary
levels;
c. To
unify,
coordinate and
improve the system of implementation of academic programs that are
geared
toward achieving agriculture and fisheries development in the country;
and
d. To
upgrade the
quality
, ensure sustainability and promote the global competitiveness, at all
levels, of agriculture and fisheries education.
Sec. 67. Education
Program
for Elementary and Secondary Levels. - There is hereby established
an Agriculture and Fisheries Education Program, under the NAFES
specially
designed for elementary and secondary levels. The program shall be
formulated,
organized and implemented by the DECS with the following objectives:
a.
to
develop appropriate
values that form the foundation for sustained growth in agriculture and
fisheries modernization.
b. to
increase the
attractiveness
of agriculture and fisheries education, so that more young and talented
person will look at agriculture and fisheries as an acceptable option
for
career and livelihood;
c. to
promote
appreciation
of science in agriculture and fisheries development;
d. to
develop among
students,
positive attitudes towards entrepreneurship and global competition in
the
agriculture and fisheries business;
e. to
improve the
present
curriculum in the elementary and secondary levels by emphasizing the
core
values necessary for agriculture and fisheries modernization; and
f. to
develop an
outreach
program where students, parents and schools become instruments in
effecting
positive changes in the pupil's home and community.
Sec. 68. Post-Secondary
Education
Program. - There is hereby established a Post-Secondary Education
Program
for Agriculture and Fisheries under the NAFES, which shall be
formulated
and developed by TESDA in coordination with the appropriate government
agencies and the private sector. The program shall include, among
others,
the following:
a.
a
mechanism for
a flexible process of curriculum development;
b.
integration of
the dual
training system in the various agricultural curricula and training
programs;
c.
integration of
entrepreneurship
and global competitiveness in the agro-fisheries curricula;
d.
institutionalizing agriculture
and fisheries skills standards and technical testing and certification;
e.
regular
upgrading of learning/training
facilities, school buildings , laboratory equipment; and
f.
development of a
system
for the strict enforcement of school regulations regarding standards
and
requirements.
Sec. 69. Network
of
National
Centers of Excellence for Territory Education. - There is hereby
established
a Network of National Centers of Excellence in Agriculture and
Fisheries
Education, composed of qualified public and private colleges and
universities,
duly accredited as National Centers of Excellence (NCE) in the field of
agriculture and fisheries.
For this purpose, the CHED
shall formulate and implement a system of accreditation Provided, That
not more than one provincial institute in every province and no more
than
one national university in each field in every region shall be
accredited
as such and Provided, further, That the system shall be based on the
following
criteria:
a.
institutional
accessibility, population, economic contribution of agriculture and
fisheries
in the community, and the needs or unique requirements of the area
b.
quantity and
quality of
research studies conducted;
c. degree
of
utilization
of research results;
d.
quantity and
quality of
faculty members;
e. type
of
facilities;
f.
linkage with
international
organizations; and
g.
potential
contribution
to agriculture and fisheries development in the target area.
Sec. 70. Rationalization
Plan. - For the purpose of upgrading and maintaining a high decree
of academic excellence in the fields of agriculture and fisheries, all
existing public and private colleges and universities that are not
hereinafter
designated and accredited as centers of excellence shall be given
adequate
time to redirect its program to non-agriculture and/or non-fisheries
areas
needed by the province or region and/or merge their program with
accredited
NCEs in accordance with the Rationalization Plan to be jointly
formulated
by CHED and the Philippine Association of State Universities and
Colleges
(PASUC) upon consultation with the institution concerned.
The Rationalization Plan
shall include a policy for the effective utilization of affected
personnel
and facilities, and shall not be construed as to result in the decrease
of the budget allocation for the state universities and colleges
concerned.
Sec. 71. Counterpart Funding
from LGUs. - The LGUs shall, within two, (2) years from the
effectivity
of this Act, provide at least ten percent (10%) of the Maintenance and
Other Operating Expenses (MOOE) budget for the operation of the
provincial
institutes within their area of responsibility.
In consultation with the
LGUs, the CHED shall develop a provincial-national partnership scheme
for
a reasonable sharing of financial support taking into account social
equity
factors for poor provinces.
Sec. 72. National Integrated
Human Resource Development Plan in Agriculture and Fisheries. -
The
CHED, in coordination with the Department and appropriate government
agencies,
shall formulate, develop and implement an integrated human resource
development
plan in agriculture and fisheries which shall serve as an instrument
that
will provide over-all direction in setting priorities in curricular
programs,
enrollment, performance targets, and investment programs.
Sec. 73. Output-Oriented
Performance Standards. - In order to ensure the institutional
accountability,
efficiency, and quality, there shall be formulated and developed an
Output-Oriented
Performance Standards which shall serve as the primary instrument for
institutional
evaluation.
For this purpose, all public
and private universities and colleges, that are designated as centers
of
excellence, shall cause to be installed a computerized monitoring and
evaluation
system that periodically collects and regularly measures variables
indicating
institutional performance based on the Output-Oriented Performance
Standards.
Sec. 74. Evaluation System.
- Not later than one (1) year from the effectivity of this Act, the
CHED shall establish a baseline information using the Output-Oriented
Performance
Standards referred to in Section 73 of this Title. Once every five (5)
years thereafter, all designated NCEs in agriculture and fisheries
shall
be subject to a third party evaluation.
The evaluation shall include,
among others, management and educational experts of national stature
and
representatives of key sectors of the agriculture and fisheries
industries,
as well as representatives of the Department, the Department of
Environment
and Natural Resources, the Department of Science and Technology, and
the
National Economic and Development Authority.
Sec. 75. Agriculture and
Fisheries Board. - There shall be created an Agriculture and
Fisheries
Board in the Professional Regulation Commission to upgrade the
Agriculture
and Fisheries profession.
Those who have not passed
the Civil Service Examination for Fisheries and Agriculture but have
served
the industry in either private or public capacity for not less than
five
(5) years shall be automatically granted eligibility by the Board of
Examiners.
The first board of examination
for B.S. Fisheries and/or Agriculture Graduates shall be conducted
within
one (1) year from the approval of this Act.
Sec. 76. Continuing Agriculture
and Fisheries Education Program. - The Commission on Higher
Education,
the Department of Education, Culture and Sports and Technical Education
and Skills Development Authority, in coordination with the Department
and
the public and private universities and colleges, shall formulate and
develop
a National and Integrated Continuing Agriculture and Fisheries
Education
Program, which shall address the current education and training
requirements
of teachers, professors and educators in agriculture and fisheries.
For this purpose, pre-service
and in-service training of teachers in Home Economics Livelihood
Education
(HELE) for the primary level and Technology and Home Economics (THE)
for
the Secondary level, shall be upgraded.
Sec. 77. Scholarship Program. - The CHED in
coordination with the public and private
universities
and colleges, TESDA and the DBM, shall develop a national scholarship
program
that provides opportunities for deserving academic staff to pursue
advanced
degrees in agriculture and fisheries. Where appropriate, such
scholarship
program shall also provide opportunities for graduate work in foreign
universities.
Sec. 78. Merit System. - To promote the
development
of scientific excellence and
academic
scholarship, the public and private universities and colleges, in
cooperation
with the CHED and the DBM, shall institute an output- oriented unified
system of promotion for the academic personnel.
Sec. 79. Budgetary Allocation
Scheme. - The Budgetary Allocation Scheme for NAFES shall be as
follows:
a.
The
current appropriation
or budgets of state universities and colleges, that are herein
designate
as NCEs, shall continue and shall be modified and adjusted in
succeeding
years in order to meet the standards of the rationalized programs of
the
institutions as approved by Congress and shall be included in the
annual
General Appropriations Act;
b. NCEs
that are
created
under this Act shall likewise be provided with budgetary support based
on their programs and a new staffing pattern as approved by DBM and
shall
be included in the annual General Appropriations Act.
TITLE 3RESEARCH
DEVELOPMENT
AND EXTENSIONChapter
1Research
and
Development
Sec. 80. Declaration of
Policy. - It is hereby declared the policy of the State to promote
science and technology as essential for national development and
progress.
The State shall likewise
give priority to research and development, invention, innovation, and
their
utilization and to science and technology education, training, and
services.
In addition to appropriate and relevant technology, the state shall
support
indigenous and self-reliant scientific and technological capabilities,
and their application to the country's productive system and national
life.
Sec. 81. The National
Research and Development System in Agriculture and Fisheries. -
The
Department, in coordination with the Department of Science and
Technology
and other appropriate agencies and research institutions shall enhance,
support and consolidate the existing National Research and Development
System in Agriculture and Fisheries within six (6) months from the
approval
of this Act. Provided, That fisheries research and development shall be
pursued separately, from but in close coordination with that of
agriculture.
Sec. 82. Special Concerns
in Agriculture and Fisheries Research Services. - Agriculture and
Fisheries
Research and Development activities shall be multidisciplinary and
shall
involve farmers, fisherfolk and their organizations, and those engaged
in food and non-food production and processing including the private
and
public sectors.
Research institutions and
centers shall enjoy autonomy and academic freedom. The Department, in
collaboration
with the Department of Science and Technology and other appropriate
agencies,
shall harmonize its merit and output-oriented promotion system
governing
the scientific community in order to promote increased research
excellence
and productivity and provide the government research system a
competitive
edge in retaining its scientific personnel.
Appropriate technology shall
be used to protect the environment, reduce cost of production , improve
product quality and increase value added for global competitiveness.
Sec. 83. Funds for Research
and Development. - Considering the nature of research, development
and extension activities, funding shall be based on the following
guidelines:
a.
Allocation of
multi-year budgets which shall be treated as research and development
grants.
b. The
budget for
agriculture
and fisheries research and development shall be at least one percent
(1%)
of the gross value added (GVA) by year 2001 allocating at least one
percent
(1%) of the total amount by 1999. The Department of Finance (DOF) in
consultation
with the Department shall formulate revenue enhancement measures to
fund
this facility.
c. At
least twenty
percent
(20%) shall be spent in support of basic research and not more than
eighty
percent (80%) shall be used for applied research and technology
packaging
and transfer activities.
d. A
science fund
shall be
established from which the scientific community in agriculture and
fisheries
shall draw its financial resource for sustained career development,
Provide,
That only the interest earnings of the funds shall be used.
The
Department and other
research
agencies, in the national interest, are encouraged to go into
co-financing
agreements with the private sector in the conduct of research and
development
provided that the terms and conditions of the agreement are beneficial
to the country.
Sec. 84. Excellence and
Accountability in Research and Development. - The Department, in
collaboration
with the Department of Science and Technology and other appropriate
government
agencies, shall formulate the national guidelines in evaluating
research
and development activities and institutions, which shall involve an
independent
and interdisciplinary team of collegial reviewer and evaluators.
Sec. 85. Communication
of Research Results and Research-Extension Linkage. - Research
information
and technology shall be communicated through the National Information
Network
(NIN)
All government agencies including
the state colleges and universities and private educational
institutions
selected as NCEs shall be computerized , networked , provided with
regular
updated information and shall likewise provide, through the NIN results
of research and development activities and current available technology
relating agriculture and fisheries.
Chapter
2Extension
Services
Sec. 86. Declaration of
Policy. - It is hereby declared the policy of the State to promote
science and technology as essential for national development and
progress.
The State shall give priority for the utilization of research results
through
formal and non-formal education, extension, and training services. It
shall
support the development of a national extension system that will help
accelerate
the transformation of Philippine agriculture and fisheries from a
resource
-based to a technology-based industry.
Sec. 87. Extension Services.
- Agriculture and Fisheries extension services shall cover the
following
major services to the farming and fishing community:
a.
Training
services;
b. Farm
or business
advisory
services;
c.
Demonstration
services;
and
d.
Information and
communication
support services through trimedia.
Sec. 88. Special
Concerns
in the Delivery of Extension services. - The delivery of
agriculture
and Fisheries Extension Services shall be multidisciplinary and shall
involve
the farmers, fisherfolk, and their organizations and those engaged in
food
and non-food production and processing, including the private and
public
sectors.
There shall be a national
merit and promotion system governing all extension personnel,
regardless
of source of funding, to promote professionalism and achieve excellence
and productivity in the provision of the government extension services.
Sec. 89. The National
Extension System for Agriculture and Fisheries (NESAF). - The
Department
in coordination with the appropriate government agencies, shall
formulate
a National Extension System for Agriculture and Fisheries.
The National Extension System
for Agriculture and Fisheries shall be composed of three (3) subsystems:
a.
the
national
government subsystem which directly complements;
b. The
local
government subsystems;
and
c. the
private
sector subsystem.
Sec. 90. The
Role of
Local
Government Units. - The LGUs shall be responsible for delivering
direct
agriculture and fisheries extension services.
The provincial governments
shall integrate the operations for the agriculture extension services
and
shall undertake an annual evaluation of all municipal extension
programs.
The extension program of
state colleges and universities shall primarily focus on the
improvement
of the capability of the LGU extension service by providing:
a)
Degree
and non-degree
training programs;
b)
Technical
assistance;
c)
Extension cum
research
activities;
d)
Monitoring and
evaluation
of LGU extension projects; and
e)
Information
support services
through the tri-media and electronics.
Sec. 91. Role
of the
Private
Sector in Extension. - The department shall encourage the
participation
of farmers and fisherfolk cooperatives and associations and others in
the
private sector in the training and other complementary extension
services
especially in community organizing, use of participatory approaches,
popularization
of training materials, regenerative agricultural technologies,
agri-business
and management skills.
The Department is hereby
authorized to commission and provide funding for such training and
extension
services undertaken by the private sector.
Sec. 92. The Role of Government
Agencies. - The Department, together with state colleges and
universities
shall assist in the LGU's extension system by improving their
effectiveness
and efficiency through capability-building and complementary extension
activities such as:
a)
technical
assistance;
b)
training of LGU
extension
personnel;
c)
improvement of
physical
facilities;
d)
extension cum
research;
and
e)
information
support services;
Sec. 93. Funding
for
Extension
Activities. - Extension activities shall be supported by the
following
measures:
a)
allocation of
multi-year budgets that shall be treated as grants;
b) allow
transfer
of funds
from the Department to the local government units as extension grants,
and
c) the
budget for
agriculture
and fisheries extension services shall be at least one percent (1%) of
the gross value added (GVA) by year 2001
Sec.94. Excellence
and Accountability
in Extension. - The Department shall formulate the guidelines in
evaluating
extension, activities, and institutions, which shall involve an
independent
and interdisciplinary team of the collegial reviewers and evaluators.
Sec.95. Extension Communication
Support for LGU's. - The Department in coordination with the
public
and private universities and colleges, shall develop an integrated
multimedia
support for national and LGU extension programs. The Department shall
assist
the LGU's in the computerization of communication support services to
clients
and linkages to the NIN.
TITLE 4RURAL
NON-FARM
EMPLOYMENTChapter
1
Sec. 96. Declaration of
policy. - It is hereby declared the policy of the State to promote
full employment. Economic history, however, shows that as an economy
modernizes
the number of workers employed in its agricultural sector declines. It
is therefore necessary to formulate policies and implement programs
that
will employ workers efficiently in rural areas in order to improve
their
standard of living, and reduce their propensity to migrate to urban
areas.
Sec. 97. Objectives.
- Rural non-farm employment aims to:
a)
promote a
basic
needs approach to rural development;
b) make
rural
workers more
adaptable and flexible through education and training;
c)
promote rural
industrialization
and the establishment of agro- processing enterprises in rural
communities;
and
d)increase
the
income of
rural workers.
Chapter
2The
Basic Needs
Program
Sec. 98. Principles.
- The Department, in coordination with the appropriate government
agencies,
shall formulate the Basic Needs Program to create employment and
cushion
the effect of liberalization based on the following principles:
a)
No credit
subsidies
shall be granted. The normal rules of banking shall apply to all
enterprises
involved, provided that existing credit arrangements with ARBs shall
not
be affected.
b)
Enterprises can
use training,
information, advisory and related services of the Government free of
charge.
c) The
participation of the
private sector shall be voluntary.
Teams
composed of
specialists
from government agencies and the private sectors shall develop pilot
programs
in selected locales to establish the planning, implementation and
evaluation
procedures.
Sec. 99. Participation
of Government Agencies. - The replication of the program shall be
the
responsibility of the local government units concerned in collaboration
with the appropriate government agencies, and the private sector. The
local
government units shall bear the costs of promoting and monitoring the
basic
needs program for which their IRA shall be increased accordingly as
recommended
by the Secretary of the Department Provided, That the appropriate
national
government agencies shall continue to provide the necessary technical
as
well as financial assistance to the LGUs in the replication of the
program.
The Cooperatives Development
Authority shall encourage the establishment and growth of associations
and cooperatives as vehicles for the stable expansion of basic needs
enterprises.
The Department of Education,
Culture and Sports, Department of Health, and the Technical Education
and
Skills Development Authority shall coordinate with the Department and
Congress
in the review, rationalization and reallocation of their regular
budgets
as well as their budgets under the GATT- related measures fund to
finance
education, training, health and other welfare services for farmers and
fisherfolk.
Chapter
3Rural
IndustrializationIndustry
Dispersal Program
Sec. 100. Principles.
- Rural industrialization and industry dispersal programs shall be
based on the interplay of market forces. The Board of Investments (BOI)
is hereby required to give the highest priority to the grant of
incentives
to business and industries with linkages to agriculture.
Sec. 101. Role of Government
Agencies. - The appropriate government agencies, under the
leadership
of the LGUs concerned, shall provide integrated services and
information
to prospective enterprises under the one-stop-shop concept.
Local government units are
authorized to undertake investment and marketing missions provided that
the costs of such missions are borne by the LGUs concerned. In making
their
land use plans, the LGUs, in consultation with the appropriate
government
agencies concerned, shall identify areas for industrial parks.
The Department shall coordinate
with the Department of Trade and Industry , in particular, the Board of
Investments, in the formulation of investments priorities for rural
areas.
The Regional Wage Boards
shall consult participating enterprises in this program before they
issue
wage orders.
Sec. 102. Participating
Enterprises. - Participating enterprises may request any government
agency for training, technical and advisory services free of cost.
A set of incentives shall
be given to enterprises that subcontract part of their production to
farmers,
fisherfolk and landless workers during periods when they are not
engaged
in agricultural activities.
Sec. 103. Financing. -
Except for basic infrastructure and other goods that benefit all
citizens,
the facilities of this program should be undertaken and financed by the
private sector.
Chapter
4Training
of
Workers
Sec. 104. Role of TESDA. - TESDA shall
organize
local committees that will advise on the
scope,
nature and duration of training for the above-mentioned programs.
TESDA is authorized to request
the additional budgetary resources for these programs: Provided, That
after
a reasonable period, the task of coordinating the training is
transferred
to the LGUs concerned.
Sec. 105. Role of the
DENR. - The Department and the DENR shall organize the training of
workers in coastal resources management and sustainable fishing
techniques.
Sec. 106. Role of the
Technology and Livelihood Resource Center (TLRC). - The TLRC shall
undertake field training in entrepreneurship and management of workers
involved in the basic needs program.
Sec. 107. Special Training
Projects for Women. - The Department, in collaboration with the
appropriate
government agencies concerned shall plan and implement special training
projects for women for absorption in the basic needs and rural
industrialization
programs.
TITLE 5TRADE
AND FISCAL
INCENTIVES
Sec.108. Taxation policies
must not deter the growth of value-adding activities in the rural areas.
Sec. 109. All enterprises
engaged in agriculture and fisheries as duly certified by the
Department
in consultation with the Department of Finance and the board of
Investment,
shall, for five (5) years after the effectivity of this Act, be
exempted
from the payment of tariff and duties for the importation of all types
of agriculture and fisheries inputs, equipment and machinery such as,
but
not limited to, fertilizer, insecticide, pesticide, tractor, trailers,
trucks, farm implements and machinery, harvesters, threshers, hybrid
seeds,
genetic materials, sprayers, packaging machinery and materials,
bulk-handling
facilities such as conveyors and mini loaders, weighing scales,
harvesting
equipment, spare parts of all agricultural equipment, fishing equipment
and parts thereof, refrigeration equipment, and renewable energy
systems
such as solar panels Provided, however, That the imported
agricultural
and fishery inputs, equipment and machinery shall be for the exclusive
use of the importing enterprise.
The Department, in consultation
with the Department of Finance and the Board of Investment, shall,
within
ninety (90) days from the effectivity of this Act, formulate the
implementing
rules and regulations governing the importation of agriculture and
fishery
inputs, equipment and machinery.
Sec. 110. Any person, partnership,
corporation, association and other juridical entity found circumventing
the provisions of Section 109 of this Act shall suffer the penalty of
imprisonment
for a period of not less than six (6) months but not more than one (1)
year, or a fine equivalent to two hundred percent (200%) of the value
of
the imported materials, or both, at the discretion of the court, and
the
accessory penalties of confiscation of the imported goods in favor of
the
government and revocation of the privileges given under this title.
In cases where the violator
is a juridical entity, the officers responsible in the violation of
Section
109 shall suffer the penalty of imprisonment prescribed in this Section.
The importation of goods
equivalent to or exceeding the declared assets of the enterprise,
partnership,
or the authorized capital stock in case of corporations, and/or the
resale
of the imported goods shall be a prima facie evidence of the violation
of the provisions of Section 109 of this Act.
GENERAL
PROVISIONS
Sec. 111. Initial Appropriation. - For the
first
year of implementation of this Act, the amount of
Twenty
Billion pesos (P20,000,000,000.00) is hereby appropriated. The
Department
is hereby authorized to re-align its appropriations in the current year
of the date of effectivity of this Act to conform with the requirements
of this Act Provided, That the amount shall be allocated and disbursed
as follows:
1.
Thirty
percent
(30%) for irrigation;
2. Ten
percent
(10%) for
post-harvest facilities Provided, That the Secretary of Agriculture may
invest up to fifty percent (50%) of the said amount to fund
post-harvest
facilities of cooperatives, especially market vendors' cooperatives,
where
said cooperatives exist and are operational Provided, further, That if
no cooperatives are operational, said amount shall fund the
post-harvest
facilities of the market -assistance system;
3. Ten
percent
(10%) for
other infrastructure including fishports, seaports, and airports,
farm-and
-coast-to-market roads, rural energy, communications infrastructure,
watershed
rehabilitation, water supply system, research and technology
infrastructure,
public markets and abattoirs;
4. Ten
percent
(10%) for
the Agro-industry Modernization Credit and Financing Program (AMCFP) to
be deposited by the Department in participating rural-based public and
private financial institutions provided that no less than fifty percent
(50%) of said funds shall be deposited in rural banks in cooperative
banks;
5. Eight
percent
(8%) for
the implementation of the Farmer-Fisherfolk Marketing Assistance System
and support of market vendors' cooperatives;
6. Ten
percent
(10%) for
research and development, four percent (4%) of which shall be used to
support
the Biotechnology Program;
7. Five
percent
(5%) for
capability-building of farmers and fisherfolk organizations and LGUs
for
the effective implementation of the agriculture and fisheries programs
at the local level;
8. Six
percent (6%)
for salary
supplement of Extension Workers under the LGUs;
9. Five
percent
(5%) for
NAFES , for the upgrading of the facilities of State Universities and
Colleges
that will be chosen as national center of excellence in agriculture and
fisheries education;
10. Four
percent
(4%) for
the National Information Network (NIN) consisting of both the national
and local levels;
11.
One-and-three-fourth
percent (1.75%) for SUC- and TESDA-administered Rural Non-Farm
Employment
Training; and
12.
One-fourth
percent (0.25%)
for the identification of the SAFDZs.
Sec. 112.
Continuing
Appropriation. - The Department of Budget and Management (DBM) is
hereby
mandated
to include annually in the next six (6) years, in the President's
Program
of expenditures for submission to Congress, and release, an amount not
less than Seventeen billion pesos (P17,000,000,000.00) for the
implementation
of this Act.
Additional funds over and
above the regular yearly budget of the Department shall be sourced from
twenty percent (20%) of the proceeds of the securitization of
government
assets, including the Subic, Clark, and other special economic zones.
Other sources of funds shall
be from the following:
a.
Fifty
Percent
(50%) of the net earnings of the Public Estates Authority;
b. Loans,
grants,
bequest,
or donations, whether from local or foreign sources;
c. Forty
percent
(40%) of
the TESDA Skills Development Fund;
d. Net
proceeds
from the
privatization of the Food Terminal Inc. (FTI), the Bureau of Animal
Industry
(BAI), the Bureau of Plant Industry (BPI), and other assets of the
Department
that will be identified by the DA Secretary and recommended to the
President
for privatization;
e.
Proceeds from
the Minimum
Access Volume (MAV) in accordance with the provisions of Republic Act
No.
8178;
f.
Poverty
alleviation Fund;
and
g. Fifty
Percent
(50%) of
the Support Facilities and Services Fund under Republic Act No. 6657.
Sec. 113. Implementing
Rules
and Regulations. - The Secretary within ninety (90) working days
after
the effectivity of this act, together with the Department of Agrarian
Reform
(DAR), Department of Environment and Natural Resources (DENR),
Department
of Finance (DOF), Department of Science and Technology (DOST),
Department
of Trade and Industry (DTI), Commission on Higher Education (CHED),
Technical
Education and Skills Development Authority (TESDA), Department of
Education
, Culture and sports (DECS), Department of Social services and
Development
(DSSD), National Economic and Development Authority (NEDA), Department
of Budget and Management (DBM), Department of Labor and Employment
(DOLE),
Commission on Audit (COA), Civil Service Commission (CSC), in
consultation
with other agencies concerned, farmers, fisherfolk and agribusiness
organizations,
and in coordination with the Congressional Oversight committee on
Agriculture
and Fisheries Modernization, shall promulgate the rules and regulations
for the effective implementation of this act.
The Secretary shall submit
to the Committee on Agriculture of both houses of congress copies of
the
implementing rules and regulations within thirty (30) days after their
promulgation.
Any violation of this section
shall render the official/s concerned liable under Republic Act. No.
6713
otherwise known as the "Code of Conduct and Ethical Standards for
Public
Officials and Employees" and other existing administrative and/or
criminal
laws.
Sec. 114. Congressional
Oversight Committee on Agricultural and Fisheries Modernization. -
A congressional Committee on Agricultural and Fisheries Modernization
is
hereby created to be composed of the Chairs of the Committee on
Agriculture
of both Houses, six (6) members of the House of Representatives and six
(6) members of the Senate, to be designated respectively by the Speaker
of the House and the President of the Senate, who shall endeavor to
have
the various sectors and regions of the country represented.
The Chairs of the Committees
on Agriculture in the Senate and House of Representatives, shall be
respectively,
the Chair and Co-Chair of the Oversight Committee. The other members
shall
receive no compensation: however, traveling and other necessary
expenses
shall be allowed.
The Committee shall oversee
and monitor the implementation of the Congressional Commission on
Agricultural
Modernization (AGRICOM) recommendations as well as all programs,
projects
and activities related to agriculture and fisheries, and its allied
concerns
in both public and private sectors, with a view to providing all
legislative
support and assistance within the powers of Congress to ensure their
inclusion,
wherever feasible, in the national, regional, provincial, municipal,
and
sectoral development plans to recommend the disposal of assets no
longer
needed by the Department to fund the modernization program, and to see
them through their successful implementation.
Sec. 115. Powers and Functions
of the Committee. - The Congressional Oversight on Agriculture and
Fisheries Modernization shall have the following powers and functions:
a.
Prescribe
and
adopt guidelines that will govern its work;
b. Hold
hearings,
receive
testimonies and reports pertinent to its specified concerns;
c. Secure
from any
department,
bureau, office or instrumentality of the Government such assistance as
may be needed, including technical information, preparation, and
production
of reports and submission of recommendations or plans as it may require;
d. Summon
by
subpoena any
public or private citizen to testify before it, or require by subpoena
duces tecum to produce before it such records, reports or other
documents
as may be necessary in the performance of its functions;
e. Use
resource
persons from
the public and private sectors as may be needed;
f. Carry
on the
winding-up
work of AGRICOM, such as editing and printing all technical reports and
studies as well as bibliographic cataloguing of its collection of
source
materials, continue its information and advocacy work;
g. Cause
to be
transferred
to the Committee all works, outputs, source materials, and assets,
funds,
supplies and equipment of AGRICOM;
h.
Approve the
budget for
the work of the Committee and all disbursements therefrom , including
compensation
of all personnel;
i.
Organize its
staff and
hire and appoint such employees and personnel whether temporary ,
contractual
or on consultancy, subject to applicable rules; and
j.
Generally to
exercise
all the powers necessary to attain the purposes for which its created.
Sec. 116. Periodic
Reports. - The Committee shall submit periodic reports on its
findings and
make
recommendations on actions to be taken by Congress and the appropriate
department, and in order to carry out the objectives of this Act, an
initial
amount of Twenty million pesos (P20,000,000.00) is hereby appropriated
for the Oversight Committee for the first year of its operation.
Sec. 117. Automatic Review. - Every five (5)
years
after the effectivity of this Act, an
independent
review panel composed of experts to be appointed by the President shall
review the policies and programs in the Agriculture and Fisheries
Modernization
Act and shall make recommendations, based on its findings, to the
President
and to both Houses of Congress.
Sec. 118. Repealing Clause.
- All laws, decrees, executive issuance, rules and regulations
inconsistent
with this Act are hereby repealed or modified accordingly.
Sec. 119. Separability
Clause. - The provisions of this Act are hereby declared to be
separable,
and in the event one or more of such provisions are held
unconstitutional,
the validity of the other provisions shall not be affected thereby.
Sec. 120. Effectivity.
- This Act shall take effect thirty (30) days from the date of its
publication
in the Official Gazette or in at least two (2) newspapers general
circulation.
Approved: 22 December 1997.