RA 1992 7607 - Magna Carta of Small Farmers
RA 1992 7607 - Magna Carta of Small Farmers
RA 1992 7607 - Magna Carta of Small Farmers
No. 7607
June 04, 1992
SUBJECT
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Sec. 3 Scope of Application. This Act shall cover all small farmers and, to the
extent herein provided, the departments, offices, agencies, subdivisions or
instrumentalities of the National Government.
Sec. 4 Definition of Terms. For purposes of this Act, the term:
(1)
(2)
(3)
(4)
(5)
"Pre-harvest activities" include, but are not limited to, seedbed and land
preparation, planting, weeding, pest and disease control, fertilizer application,
water management and harvesting;
(6)
"Postharvest activities" include, but are not limited to, threshing, drying,
milling, storing and handling of produce and such other activities as shelling,
stripping, winnowing, chipping and washing;
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(7)
(8)
(9)
"Pre-harvest facilities" include, but are not limited to, plows, harrows, tractors,
rotavators and sprayers;
(10)
"Postharvest facilities" include, but are not limited to, threshers, moisture
meters, dryers, weighing scales, milling equipment, storage facilities, buying
stations, market infrastructure and transportation facilities;
(11)
(12)
(13)
"Agrarian reform credit" includes production or other types of loans used for
the acquisition of work animals, farm equipment and machinery, seeds,
fertilizers, poultry and livestock feeds and other similar items; acquisition of
lands authorized under the Comprehensive Agrarian Reform Law (CARL);
construction or acquisition of facilities for the production and effective
merchandising of agricultural commodities;
(14)
(15)
(16)
"Upland farming" refers to planting of upland crops which usually require less
water than other crops, as in non-irrigated and elevated farm areas;
(17)
"Rural bank" refers to banks duly organized under Republic Act Numb ered
Seven hundred twenty with authority to operate under existing laws;
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(18)
(19)
(20)
"Banks" collectively used, means the rural banks, cooperative banks, and
private development banks as defined in paragraphs 17, 18 and 19, Section 3 of
this Act;
(21)
(22)
"Non-irrigated lands" are agricultural lands which lack irrigation systems and
are usually rainfed;
(23)
"Certified seed" refers to seeds that passed the seed certification standards of
the Bureau of Plant Industry and which are the progeny of foundation, registered
or certified seeds that are so handled as to maintain satisfactory genetic identity
and varietal purity.
(24)
"Good seed" refers to seeds that are the progeny of certified seeds so handled
as to maintain a minimum acceptable level of genetic purity and identity and
which is selected at the farm level;
(25)
(26)
(27)
"Locally available materials" refers to form lumber, gravel and sand, nipa,
sawali, old G.I. sheets and other low-cost, indigenous or used materials that
could be used as inputs in small infrastructure projects.
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CHAPTER II
FARMERS' ORGANIZATION
Sec.
5 Right to Organize. The State recognizes the right of farmers to
organize themselves to promote their welfare and advance or safeguard their interests.
Towards these end, the Government shall assist small farmers in establishing such selfhelp organizations such as farmers' cooperatives and associations.
In particular, the Government shall encourage the formation of marketing
cooperatives among farmers in order to enable members to purchase inputs at lower cost
and obtain fair prices for their produce.
Sec.
6 Farmers' Representation in Government. After voluntarily
organizing themselves on the barangay, municipal, provincial and regional levels, the
farmers who have been elected through all levels shall elect from among themselves
their national officials who, notwithstanding existing laws to the contrary, shall occupy a
seat in the boards of concerned government agencies such as, but not limited to, the
Philippine Coconut Authority, the National Food Authority, the Philippine Crop
Insurance Corporation, the National Irrigation Administration and others.
On all other levels, the farmer representatives shall serve as members of
planning and implementing units of the local governments and shall act as the official
representatives of the farmers with whom the Government shall coordinate with:
Provided, That all farmer representatives are members of primary farmers' organizations
preferably cooperatives and have been elected in all preceding levels.
CHAPTER III
EMPOWERMENT OF THE SMALL FARMERS
Sec. 7 General Provisions. Empowerment of small farmers refers to
provision of opportunities whereby farmers can have access to ownership or
management of production resources. To achieve this, small farmers' rights and
obligations that specifically promote such empowerment are hereby given a legislative
mantle. Through these provisions, the farmers' rights to participate in the charting of
their political, economic and social development are made inviolable. Likewise, the
corresponding obligations of the farmers to initiate, or undertake patriotic and
nationalistic endeavors must be fulfilled.
Sec. 8
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(1)
(2)
Participate in a market fee from monopoly, cartel or any other situation which
may suppress prices to their disadvantage;
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(1)
(2)
Aim for increased productivity through the use of recommended farm practices
and quality inputs;
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(3)
Comply with the terms and conditions stipulated in the availment of any form of
assistance from the Government, financial institutions and nongovernment
organizations to enable others to equally benefit from such assistance;
(4)
(5)
Through their cooperative, share with the consuming public the benefits derived
from economies of scale, integration of processing and marketing activities and
the application of better technology in the form of reasonable prices and superior
quality of products;
(6)
(7)
Exert efforts to meet local demand requirements to avert any shortage that may
necessitate importation;
(8)
(9)
Promptly pay all applicable fees, license fees and taxes to the appropriate
government agencies;
(10)
(11)
security
CHAPTER IV
INFRASTRUCTURE AND FARM INPUTS
Sec. 10 Provision of Infrastructure Support, Inputs and Services.
Consistent with the country's thrust for social equity and increased agricultural
productivity, the Government shall provide infrastructure support, access to farm inputs
and services to the agriculture sector, particularly to small farmers based on
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farmers'
one (1)
is to be
farmers'
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organizations who shall provide the labor and other locally available materials for the
construction and maintenance of the facilities. Priority shall be given to areas where no
such facilities are available and predominantly populated by small farmers. The selected
site shall, as much as practicable, be accessible by transportation and communication
facilities and must be near the center of the barangay.
The farmers' organization may collect reasonable fees for services rendered in
connection with the use of such facilities: Provided. That the collections therefrom shall
be used only for the maintenance, improvement and expansion of these facilities:
Provided, further, That an amount representing rental fees for the land shall be remitted
to the barangay, where applicable
Sec. 14 Postharvest Facilities. The National Food Authority (NFA) shall
establish the necessary postharvest facilities such as rice mills, dryers, threshers,
warehouses, cold storage and other facilities which are needed in the area. Such
postharvest facilities shall be leased to farmers' organizations. Viable cooperatives shall
have the option to buy such facilities from the NFA. Under-utilized or non-operational
postharvest facilities of the Government shall be made available to farmers'
organizations through lease or sale.
Sec. 15 Market Infrastructure. To assure farmers of markets for their
produce, the Government shall assist farmers' organizations in establishing and operating
market infrastructure, facilities and equipment.
Sec. 16 Use of Good Seeds and Planting Materials. The State shall ensure
that every farmer has the equal opportunity to avail of, to produce and to market good
seeds and planting materials recommended by the Department of Agriculture as capable
of producing high-yielding, pest-and-disease resistant, and widely-adopted crops for
irrigated, rainfed and upland areas. Farmers' organizations shall coordinate with the field
offices of the Department of Agriculture and other concerned government agencies in
ensuring that seeds and the means necessary to engage in the production and marketing
of seeds suited to prevailing conditions in their respective communities are made
available to small farmers.
To ensure the constant availability of appropriate and affordable seeds of
recommended varieties, the Department of Agriculture, through the Bureau of Plant
Industry, and in cooperation with the private seed producers' associations, the farmers'
organizations, the Institute of Plant Breeding of the University of the Philippines at Los
Baos, and other state universities, colleges, and other institutions, shall extend all the
necessary support needed to give the farmers the capability to undertake seed production
and distribution services.
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The Bureau of Soils and Water Management shall prepare for each barangay
municipality or city wh ich is predominantly agriculture-based parcellary maps
identifying agricultural lands which can be reached by irrigation systems. In order to
ensure the availability of irrigation services in areas with production potential, the
Government shall implement irrigation pump distribution programs part icularly in areas
predominantly populated by small farmers.
Sec. 20 Access to Irrigation Services. While the Government, through the
National Irrigation Administration (NIA) and other concerned offices, continues to
provide irrigation services, farmers' organizations shall be encouraged to spearhead the
construction of irrigation systems. Towards this end, the Government shall encourage
small farmers to join or form irrigators' associations. In addition, it shall promote
participation of farmers to develop their capabilities to eventually assume the operation
and maintenance of irrigation systems and the responsibility of collecting fees from the
individual members and remitting an amount to the NIA.
The NIA shall undertake the development and institutionalization of secondcrop irrigation facilities in support of multi-crop farming. It shall also devise schemes for
small farmers to avail of electric pumps or diesel-powered deep well irrigation systems in
barangays or communities where water is scarce.
CHAPTER VII
AGRICULTURAL CREDIT
Sec. 21 Rural Credit Delivery System. An efficient credit delivery system
guided by a sound rural credit policy geared' towards the needs of small farmers shall be
established. The features of the credit delivery system for small farmers shall include,
among others, a maximum rate of interest not to exceed seventy-five percent (75%) of
commercial rate per annum inclusive of all service, penalty and other charges. It shall
also include minimum collateral requirements, accessibility, reasonable repayment terms,
expeditious 19an documentation and processing procedures. Services shall be expanded
to include not only loans for procurement of production inputs but also for other needs
and purposes of small farmers such as education and health needs.
The Department of Agriculture, through the Agricultural Credit Policy Council,
(ACPC) and other concerned agencies, shall give subsidies for the education and training
of small farmers on credit awareness, loan acquisition and loan repayment. It shall
conduct an intensive information drive that will promote the establishment of strong and
viable farmers' organizations such as cooperatives, credit unions, rotating savings, and
credit associations and non-government organizations (NGOs) which plays major role in
increasing small farmers' access to credit. Likewise, the Government shall also set up a
system which will provide information on the credit worthiness of potential borrowers.
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In order to reduce the risks and administrative costs of lending institutions, the
Government shall expand its loan guarantee coverage under the Comprehensive
Agricultural Loan Fund to be administered by the ACPC and crop insurance programs to
cover not only rice and corn but other crops, livestock, poultry, fishery ,and agro-forestry
as well. The ACPC shall conduct special projects to promote innovative financing
schemes for small farmers. Payments under such insurance program shall be prompt and
any delay without just cause shall entitle the beneficiary to reasonable interest rate on the
amount due.
In addition, the Government shall promote the development of farmers'
organizations. Toward this end, the Government, through the ACPC and other concerned
agencies, shall subsidize costs of information dissemination, monitoring training and
registration. The farmers' organizations may serve as conduits of rural banks, private
development banks and other banks for effective agricultural credit delivery. An amount
shall be earmarked for lending exclusively to farmers' cooperatives at subsidized interest
rates.
All agricultural lending programs of the Government are hereby consolidated
and placed under the administration of the Land Bank of the Philippines. The funds shall
be augmented by annual budgetary allocations which shall be managed as a selfsustaining fund base by the Land Bank of the Philippines in coordination with the ACPC.
A portion of all loanable agricultural funds shall be utilized for direct lending to
small farmers for their production, processing, postharvest and marketing requirements.
To be able to generate funds that will be used to cover for the administrative
costs of the agricultural funds being handled by the Land Bank of the Philippines, all
government agencies that are involved in the development of the small farmers shall be
allowed the option to deposit their funds in the Land Bank of the Philippines.
Sec. 22 Cooperative Banks. Small farmers shall have access to reasonable
credit/loan package. The Government shall promote the establishment of cooperative
banks and promote the growth of networks of cooperative banks.
CHAPTER VIII
WAGE, INCENTIVES AND PRICE SUPPORT
Sec. 23 Incentives. Small farmers, including agricultural share tenants and
lessees, regular and seasonal farm-workers and beneficiaries under the Comprehensive
Agrarian Reform Law (CARL), shall be entitled to the following privileges or incentives:
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(1)
(2)
(3)
(4)
Preferential tariff terms shall be extended on farm inputs and spare parts, farm
machinery and equipment imported by farmers' organizations provided that they
are used specifically for their projects;
(5)
The Government shall give incentives and recognition to farmers and farm
'organizations adopting more efficient farm technologies 'or equipment resulting
in increased productivity and income;
(6)
The Government shall widen the scope of the existing crop and livestock
insurance programs by providing an insurance scheme that can accommodate
major crops, livestock and other produce of small farmers;
(7)
(8)
(9)
Farmers' insurance coverage by the Social Security System subject to its charter
shall be extended to small farmers and farm workers; and
(10)
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(P10,000) or by imprisonment for a term of not less than two (2) years but not more than
four (4) years, or both at the discretion of the' court, without prejudice to administrative
sanctions imposed by the subject agency with perpetual disqualification to hold public
office. The Probation Law shall not apply to penalties imposed under this Act.
Authentic copies of any evidence of procurement or purchase of palay, corn and
other agricultural produce enjoying price support as provided in this section shall, within
thirty (30) days from the issuance thereof, be furnished the Bureau of Internal Revenue
by the National Food Authority or any other agency of the Government implementing
price support therefor, subject to the penalties provided in the preceding paragraph for
violation thereof.
The penalties provided under this section shall likewise apply to any official or
employee of the National Food Authority or to any such similar agency of the
Government who consorts or connives with any trader or nonfarmer in the sale of rice,
com or other agricultural produce sold under any government program.
CHAPTER IX
RESEARCH AND EXTENSION SERVICES
Sec. 28 Research and Development System. The R and D System shall
conduct mission-oriented or strategic research and adaptation trials taking into
consideration specific needs of the intended beneficiaries. The results of these adaptation
trials shall be verified under actual farm conditions to determine their performance in
comparison with existing farming systems.
The R and D System shall complement national research centers by contributing
studies or actual data to such studies. It shall concentrate on addressing the problems
faced by farmers at the local level. The R and D System shall also tap the knowledge or
experience of the farmers in the area and through proper assessment and development,
synthesize such with the present stock data.
The Philippine Council for Agriculture and Resources Research and
Development shall be the lead agency to strengthen the existing R and D System in
coordination with the Bureau of Agricultural Research, the Philippine Rice Research
Institute and other government research institutions; private research institutions; state
colleges and universities; and the farmers' organizations in the area.
Sec. 29 Demonstration Farms. Technology verification and piloting shall be
conducted by the farmers' organizations on the farmers' fields under the supervision of
the R and D personnel. These demonstration farms shall showcase technologies that have
passed regional adaptability tests.
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Sec. 35 Implementing Guidelines. Within sixty (60) days from the sixty (60)
days from the effectivity of this Act, the Department of Agriculture shall issue the
necessary rules and regulations to implement this Act.
Sec. 36 Repealing Clause. All laws, decrees, executive orders, administrative
orders, rules and regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly: Provided, however, That nothing in this Act
shall amend, modify or repeal the provisions of Republic Act Numbered Seventy-one
hundred sixty, otherwise known as the Local Government Code of 1991.
Sec. 37 Separability Clause. In case any provision of this Act or any portion
thereof is declared unconstitutional by a competent court, other provisions shall not be
affected thereby.
Sec.38 Effectivity Clause. This Act shall take effect fifteen (15) days after this
publication in the Official Gazette or in two (2) newspapers of general circulation.
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