Agriculture and Fisheries
Agriculture and Fisheries
Agriculture and Fisheries
8435]
AN ACT PRESCRIBING URGENT RELATED MEASURE TO MODERNIZE THE AGRICULTURE AND FISHERIES
SECTORS OF THE COUNTRY IN ORDER TO ENHANCE THEIR PROFITABILITY, AND PREPARE SAID
SECTORS FOR THE CHALLENGES OF GLOBALIZATION THROUGH AN
ADEQUATE, FOCUSED AND RATIONAL DELIVERY OF NECESSARY
SUPPORT SERVICES, APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled
SECTION 1. Short Title. This Administrative Order (AO) shall be known as the Implementing Rules and
Regulations (IRR) pursuant to Republic Act (RA) 8435.
SEC. 2. Declaration of Policy. These IRR are issued pursuant to the policies declared under RA 8435,
to wit: The goals of the national economy are a 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 region 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 staplefood, 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 said sectors 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 empower the agriculture and fisheries sectors to develop and sustain themselves. Toward this
end, the State shall ensure 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 assure the availability adequacy, accessibility and affordability of food
supplies to all times;
c. Rational Use of Resources - The State shall adopt a rational approach in the allocation of public
investment in agriculture and fisheries in order to assure efficiency and effectiveness in the use of scarce
resources and thus obtain optimal returns on its investment;
d. Global Competitiveness - The State shall enhance the competitiveness of the agriculture and
fisheries sectors in both domestic and foreign market;
e. Sustainable Development - The State shall promote development that is complete with the
preservation of the ecosystem in areas where agriculture and fisheries are carried. 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. These IRR are issued consistent with the objectives of RA 8435, as
follows:
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 income 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, groups, 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,
purse 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
NGOs and by establishing and improving mechanisms and processes 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.
Section 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 aquaculture 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 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
fruits trees, raising of livestock , poultry, or fish, including the harvesting and marketing of 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 agriculture and fisheries
sectors into one that is dynamic, technologically advanced and competitive yet centered o 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 of food and/or non-
food products, pharmaceuticals and other industrial products.
"Banks", collectively used, means government banks and private banks, rural banks and cooperative
banks.
"Basic Needs Approach to Development" involves the identification, production and marketing of
wages 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.
"Communal Advantage" refers to competitive edge in terms of product quality and/or price. It
likewise refers to the ability to produce a product with the greatest relative efficiency in the use of
resources.
"Competitive Advantage" 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 a fair share of the risks and benefits of the
undertaking in accordance with universally accepted cooperative principles.
"Department" refers to the Department of Agriculture
"Economic Scale" refers to the minimum quantity or volume of goods required to be efficient.
"Economic Scale" refers to the decrease in unit coast 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, fisherfolk 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 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 fisherfolk.
"Farmer's and Fisherfolk's Organizations or Associations" refers to farmers and fisherfolk's
cooperative, associations, or corporations duly registered with appropriate government agencies and
which are composed primarily of small agricultural producers, farmers, farm workers agrarian reform
beneficiaries fisherfolk who voluntarily join together to from business enterprises or non-business
organization which they themselves own, control and patronize.
"Farm to Market Road " refers 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.
"Fisheries" 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, or both based on the
countrys existing and potential resources endowment and related production advantages and
consistent with the overall national development objectives and policies. However, sufficiency in rice
and white corn should be pursed.
: "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 aquaculture.
"Global Competitiveness" refers to the ability to compete in terms of price, quality and volume 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 or fishery
intermediate inputs, of goods and services contributed by the agricultural and fisheries sectors.
"Headworks" refers to the composite parts of the irrigation system that divert water from natural
bodies of water such as rivers, 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 serviced by natural irrigation or irrigation facilities. These include
lands where is not readily available as existing irrigation facilities need rehabilitation or upgrading or
where 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
National Irrigation System or Communal Irrigation System.
"Land Use" refers to the manner of utilizing the land, including its all 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-desired 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 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 fisherfolk in marketing their produce.
"National Information Network (NIN) " refers to an information network which links all offices and
level 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 (NPAAAD)" refers
to agricultural areas identified by the Department through the Bureau of Soils and Water Management
in coordination with the National Mapping and Resource Information Authority in order to ensure the
efficient utilization of land for agriculture and agro-industrial development and promote sustainable
growth. The NPAAAD 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 croplands or lands presently planted to industrial crops that support the viability of
existing agricultural infrastructure and agro-based enterprises, highlands, or areas located at an
elevation of live hundred (500) meters above and have the potential for growing semi-temperate and
high-value crops; all agricultural lands that are ecologically 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 Activities" 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 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 facilities.
"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 process of tracking changes in the environment and natural
resources biophysically and economically (in monetary 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
NPAAAD identified for production, agro-processing and marketing activities to help develop and
modernize, with the support of government, the agriculture and fisheries sectors in an environmentally
and 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 purposes
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's 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 entry's office, plant and equipment are situated, must have value falling under
the following categories.
Micro : not more than P 1,500.000
Small : P1,500.001 to P15,000.000
Medium : P15,000,001 to P60,000.000
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-base" 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 limitations on the
infrastructure that may be placed within the territorial jurisdiction of a city or municipality.
TITLE 1
PRODUCTION AND MARKETING SUPPORT SERVICES
Chapter 1
STRATEGIC 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 se 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 with 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 sustainability 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-culturally sound manner, shall be identified on the basis of
the following criteria:
1. Agro-climatic and environmental conditions giving the are a competitive advantage in the
cultivation, culture, production and processing of particular crops, animals and aquatic
products;
2. Strategic location of the area for the establishment of agriculture or fisheries infrastructure,
industrial complexes, production and processing zones;
3. Strategic location of the area for market development and market networking both at the local
and international level; and
4. Dominant presence of agrarian reform communities (ARCs) and/or small owner - cultivators and
amortizing owners/agrarian reform beneficiaries and other small and fisherfolk 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. Model Farms. - The Department, in coordination with the local government units (LGUs) and
appropriate government agencies, may designate agrarian reform communities (ARC) 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 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 the network of areas for
agricultural and non-industrial development for all municipalities, cities at 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 LGUs, the organized farmers and fisherfolk 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 projects with film funding commitments,
and lands with existing or having the potential for growing high-value crops so delineated and included
within the SAFDZ shall not e converted for a period of five (5) years from the effectivity of 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 orders and issuances,
and administrative orders relating to land use conversion: Provided, further. That thereafter: 1) a review
of the SAFDZ, specifically on the productivity of the areas, improvement of the quality of life of farmers
and fisherfolk, and efficiency and effectiveness 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 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; and 3) in case of conversion, the land owner 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 or 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 (P
3,000.00 ) per hectare per year. In addition, the violator shall be required to put back 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. Cancellation or withdraw of the authorization for land use conversion, and
b. Blacklisting, 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 preserved as such at all
times.
Chapter 2
AGRICULTURE AND FISHERIES MODERNIZATION PLAN
SEC. 13.Agricultural and Fisheries Modernization Plan (AFMP). - The Department, in consultation with
farmers and fisherfolk, the private sector, NGOs, peoples organizations people's organization 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 fisherfolk;
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 of development:
a. Increased income and profit of small farmers and fisherfolk;
b. Availability of rice and other staple foods at affordable prices;
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 of 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 fisherfolk 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 distribution, 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
others, 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 fisherfolk, 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 fisherfolk;
l. Basic needs program for the impoverished of society who will be a 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 in 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 Departments 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 Education and Skills Development
Authority, the Department of Health and 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 Department of Environment and Natural Resources shall provide technical assistance and advice on
the delineation of the SAFDZ and on the development of the Department's environmental protection
plans.
The departments referred to 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 of both Houses to
complement and enhance the programs and activities of the Department in the implementation of the
AFMP.
Chapter 3
CREDIT
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, fisherfolk,
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 credit 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 (AMCFP). - 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 loan able 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, fisherfolk, those engaged in food and non-food production,
processing and trading, cooperatives, farmers'/ fisherfolk's organization, and SMEs engaged in
agriculture and fisheries, 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 processing 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 uncollateralized loans to farmers and fisherfolk.
Section 24. Review of the mandates of Land Bank of the Philippines, Philippine 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 an
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
(GSFME), Quedan and Rural Credit Guarantee Corporation (Quedancor), and Agricultural Credit Policy
Council (ACPC), and recommend policy changes and other measures to induce the private sector's
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 and consolidation shall cover the
credit guarantee schemes and funds operated by the Quedancor, the GFSME and the Comprehensive
Agricultural Loan Fund. The Agriculture and Fisheries Credit Guarantee Fund shall be managed and
implemented by the Quedancor: Provided, That representation to the Quedancor 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 4
IRRIGATION
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.
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, farmers' 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 headworks 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 issued the needed 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 over-all 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 5
INFORMATION AND MARKETING SUPPORT SERVICES
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 fisherfolk, 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 fisherfolk or groups of
farmers and fisherfolk, matching supply and demand in both domestic and foreign markets.
Section 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 systems.
The NIN shall likewise link the various research institutions for easy access to data on agriculture and
fisheries, research and technology. All department, 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 and 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 products;
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 and analysis 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 6
OTHER INFRASTRUCURE
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 LGUs shall also strengthen its
agricultural engineering groups to provide the necessary technical and 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 investment in the area; and
d. Presence of agrarian reform beneficiaries and other small farmers and fisherfolk 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 facilities 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 which 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 in order to
enhance the marketing of agriculture and fisheries products: Provided, That fishports, seaports and
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 fisherfolk in order to identify priority locations of farm-to-market roads that take into
account the number of farmers and fisherfolk 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 level.
Chapter 7
PRODUCT 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. Poll of Experts and Advisers. - The BAFPS may coordinate, seek the services of, and consult with
both private and governmental agencies, research institutes 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 2
HUMAN 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 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 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 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 the 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 technician testing and certification;
e. regular upgrading of learning/training facilities, school buildings, laboratory equipment; and
f. development of a system for strict enforcement of school regulations regarding standards and
requirements.
SEC. 69. Network of National Centers of Excellence for Tertiary 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 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 degree 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 or 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 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 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 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 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 designated
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 new staffing pattern as approved by DBM and shall be included in the annual
General Appropriations Act.
TITLE 3
RESEARCH DEVELOPMENT AND EXTENSION
Chapter 1
RESEARCH 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 development, of which at least ten
percent (10%) shall be used for 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: Provided, 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 reviewers 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 2
EXTENSION 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 to 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 tri-media.
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 training and
other complementary extension services especially in community organizing, use of participatory
approaches, popularization of training materials, regenerative agricultural technologies, agribusiness
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 collegial reviewers and evaluators.
SEC. 95. Extension Communication Support for LGUs. - 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 LGUs in the computerization of
communication support services to clients and linkages to the NIN.
TITLE 4
RURAL NON-FARM EMPLOYMENT
Chapter 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 2
THE 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 effects 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 3
RURAL INDUSTRIALIZATION INDUSTRY 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 investment 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 4
TRAINING 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.
Section 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 5
TRADE 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 violation 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 the
rural banks and 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 centers 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 form
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 agri-business 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 Oversight 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 pectoral 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 Committee on
Agriculture and Fisheries Modernization shall have the following powers and functions:
a. Prescribe and adopt guidelines that will govern its wok;
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, to require by
subpoena ducestecum 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 cataloging 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 it is 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 departments and that 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. 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. 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 of general circulation.
(SIGNED)
WILLIAM D. DAR
Acting Secretary
Department of Agriculture
Published in Malaya on July 20, 1998.
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Address: PCA Building, Diliman, Quezon City, Philippines
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The Philippines' Bureau of Fisheries and Aquatic Resources, abbreviated as BFAR, is an
agency of the Philippine government under the Department of Agriculture responsible for the
development, improvement, management and conservation of the Philippines' fisheries and aquatic
resources.
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