Irr Ra 8435
Irr Ra 8435
Irr Ra 8435
WHEREAS, Section 120 of Republic Act 8435 (RA 8435) sets its effectivity ". . .
thirty days (30) days from the date of its publication in the O cial Gazette or in at least
two (2) newspapers of general circulation". RA 8435 was published in two (2)
newspapers of general circulation on January 10, 1998 and thus effective beginning
February 9, 1998.
NOW, THEREFORE, these Implementing Rules and Regulations (IRR) are issued as
Department of Agriculture Administrative Order Number 2A (1998) to guide the
Department of Agriculture, hereinafter referred to as the Department, and all other
concerned departments, o ces, agencies and stakeholders, in the implementation of
RA 8435.
SECTION 1. Short Title. — This Administrative Order (AO) shall be known as
the Implementing Rules and Regulations (IRR) Pursuant to Republic Act (RA) 8435 .
SECTION 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 bene t 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
e cient use of human and natural resources, which are competitive in both domestic
and foreign markets. In pursuit of these goods, all sectors of the economy and all
regions of the country shall be given optimum opportunity to develop. Private
enterprises, including corporations, cooperatives, and similar collective organizations,
shall be encouraged to broaden the base of their ownership.
Thus, it is hereby declared the policy of the State to enable those who belong to
the agriculture and sheries sectors to participate and share in the fruits of
development and growth in a manner that utilizes the nation's resources in the most
e cient 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 su ciency in our staple food,
namely rice and white corn. The production of the rice and white corn shall be
optimized to meet our local consumption and shall be given adequate support by the
State.
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The State shall adopt the market approach in assisting the agriculture and
sheries 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 groups. The State shall
promote market-oriented policies in agricultural production to encourage farmers to
shift to more profitable crops.
The State shall empower the agriculture and sheries 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 means of improving their quality of life
compared with other sectors of society;
b) Food Security — The State shall assure the availability, adequacy,
accessibility and affordability of food supplies to all at all times;
c) Regional Use of Resources — The State shall adopt a rational approach in
the allocation of public investments in agriculture and sheries in order to
assure e ciency and effectiveness in the use of scarce resources and
thus obtain returns on its investments;
d) Global Competitiveness — The State shall enhance the competitiveness of
the agriculture and sheries sectors in both domestic and foreign
markets;
e) Sustainable Development — The State shall promote development that is
compatible with the preservation of the ecosystem in areas where
agriculture and sheries activities are carried out. The State should exert
care and judicious use of the country's natural resources in order to attain
long-term sustainability;
f) People Empowerment — The State shall promote 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 sherfolk 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."
RULE 2.1The IRR shall remain effective unless explicitly and speci cally amended
by the Secretary of Agriculture.
SECTION 3. Statement of Objectives. — These IRR are issued consistent with
the objectives of RA 8435, as follows:
a) "To modernize the agriculture and sheries sectors by transforming these
sectors from a resource-based to a technology-based industry;
b) To enhance pro ts and incomes in the agriculture and sheries sectors,
particularly the small farmers and sherfolk, by ensuring equitable access
to assets, resources and services, and promoting higher-value crops,
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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 sheries activities, groups, functions and
other services through the organization of cooperatives, farmers' and
sherfolk's associations, corporations, nucleus estates, and consolidated
farms and to enable these entities to bene t from economies of scale,
afford them a stronger negotiating position, pursue more focused,
e cient 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 process 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 sheries 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, un nished 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 e ciency 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. Definitions of Terms. —
"Agrarian Reform Community" is a barangay at the minimum or a cluster of
contiguous barangay 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.
"Agriculture Sector" is the sector engaged in the cultivation of soil, planting of
crops, growing of fruit trees, raising of livestock, poultry, or sh, including the
harvesting and marketing of such farm products, and other farm activities and
practices.
"Agriculture and Fisheries Modernization" is the process of transforming the
agriculture and sheries sectors into one that is dynamic, technologically advanced and
competitive yet centered on human development, guided by the sound practices of
sustainability and the principles of social justice.
"Agriculture Land Use Conversion" refers to the process of changing the use of
agricultural land to non-agricultural uses.
"Agricultural Lands" refers to lands devoted to or suitable for the cultivation of
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the soil, planting of crops, growing of trees, raising of livestock, poultry, sh and
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 classi ed by law as mineral land, forest
land, residential land, commercial land, or industrial land.
"Agricultural Mechanization" is the development, adoption, manufacture and
application of appropriate location-speci c, 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.
"Agro-Processing Activities" refers to the processing of raw agricultural and
shery products into semi-processed or nished 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 identi cation, production
and marketing of wage goods and services for consumption of rural communities.
"Communal Irrigation System (CIS)" is an irrigation system that is managed by a
bona fide Irrigators Association.
"Competitive Advantage" refers to competitive edge in terms of product quality
and/or price. It likewise refers to the ability to produce a product with the greatest
relative efficiency in the use of resources.
"Cooperatives" refers to duly registered associations of persons with a common
bond of interest who have voluntarily joined together to achieve a lawful common social
and economic end, making equitable contributions to the capital required and
accepting a fair share of the risks and bene ts of the undertaking in accordance with
universally accepted cooperative principles.
"Department" refers to the Department of Agriculture.
"Economies of Scale" refers to the decrease in unit cost as more units are
produced due to the spreading out of xed costs over a greater number of units
produced.
"Economic Scale" refers to the minimum quantity or volume of goods required to
be efficient.
"Empowerment" involves providing authority, responsibility and information to
people directly engaged in agriculture and shery production, primarily at the level of
the farmers, sherfolk and those engaged in food and non-food production and
processing, in order to give them wider choices and enable them to take advantage of
the benefits of the agriculture and fishery industries.
"Extension Services" refers to the provision of training, information, and support
services by the government and non-government organizations to the agriculture and
sheries sectors to improve the technical, business and social capabilities of farmers
and fisherfolk.
"Farmer's and Fisherfolk's Organization or Associations" refers to farmers and
sherfolk's cooperatives, associations, or corporations duly registered with
appropriate government agencies and which are composed primarily of small
agricultural producers, farmers, farm workers, agrarian reform bene ciaries, sherfolk
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who voluntarily join together to form business enterprises or non-business
organizations which they themselves own, control and patronize.
"Farm-to-Market Roads" refers to roads linking the agriculture and sheries
production sites, coastal landing points and post-harvest facilities to the market and
arterial roads and highways.
"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 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.
"Fishing Grounds" refers to areas in any body of water where sh and other
aquatic resources congregate and become target of capture.
"Fishing" refers to the application of techniques using various gear in catching
fish and other fisheries products.
"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 country's existing and potential
resource endowment and related production advantages, and consistent with the
overall national development objectives and policies. However, su ciency in rice and
white corn should be pursued.
"Fresh Agricultural and Fishery Products" refers to agricultural and sheries
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 shery products relative to those of other
countries.
"Gross Value-Added" refers to the total value, excluding the value of non-
agricultural or sheries 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 rms 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 water is not readily available as existing irrigation
facilities need rehabilitation or upgrading or where irrigation water is not available year-
round.
"Irrigation System" refers to a system of irrigation facilities covering contiguous
areas.
"Irrigator's Associations (IA)" refers to an association of farmers within a
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contiguous area served by a National Irrigation System or Communal Irrigation System.
"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 identi es 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. cSTDIC
"Land Use Planning" refers to the act de ning 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.
"Land Use" refers to the manner of utilizing the land, including its allocation,
development and management.
"Main Canal" refers to the channel where diverted water from a source ows 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 levels of the Department with various research institutions and local
end-users, providing easy access to information and marketing services related to
agriculture and fisheries.
"National Irrigation System (NIS)" refers to a major irrigation system managed by
the National Irrigation Administration.
"Network of Protected Areas for Agricultural and Agro-industrial Development
(NPAAAD)" refers to agricultural areas identi ed 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 e cient 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 rm 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
ve hundred (500) meters or 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 sh
sanctuaries.
"On-Farm Irrigation Facilities" refer to composite facilities that permit entry of
water to paddy areas and consist of farm ditches and turnout.
"Post-Harvest Activities" include, 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" include, but is not limited to, threshers, moisture meters,
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dryers, weighing scales, milling equipment, sh ports, sh 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 DAR.
"Primary Processing" refers to the physical alteration of raw agricultural or
fishery products with or without the use of mechanical facilities.
"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.
"Secondary Canal" refers to the channel connected to the main canal which
distributes irrigation to specific areas.
"Secondary Processing" refers to the physical transformation of semi-processed
agricultural or fishery products.
"Shallow Tube Well (STW)" refers to a tube or shaft vertically set into the ground
for the purpose of bringing ground water to the soil surface from a depth of less than
20 meters by suction lifting.
"Small and Medium Enterprise (SME)" refers to any business activity or
enterprise engaged in industry, agribusiness and/or services, whether single
proprietorship, cooperative, partnership or corporation whose total assets, inclusive of
those arising from loans but exclusive of the land on which the particular business
entity's o ce, plant and equipment are situated, must have value falling under the
following categories:
Micro : not more than P1,500,000
Small : P1,500,001 to P15,000,000
P15,000,001 to
Medium :
P60,000,000
RULE 18.1. The PS shall bear primary responsibility and authority for the
design and the participatory, coordinated and interlinked execution of the Program
Bene t Monitoring and Evaluation System (PBMES) for the AFMP, the Department and
the agricultural and fisheries sector.
RULE 18.2. The PBMES shall be used to assess the effectivity of the AFMP.
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Effective immediately, the design of all Department programs and activities shall
include a M&E component. The PS shall formulate and issue guidelines on system and
data standards for compliance and corresponding Guidelines for Operations, for
reference by the various M&E units of the Department. The PS on or before December
30, 1998 shall issue the initial guidelines. The guidelines shall be reviewed and updated
at least every two (2) years.
RULE 18.3. In coordination with the Bureau of Agricultural Statistics (BAS)
and the Information Technology Center for Agriculture and Fisheries (ITCAF) and the
AFIS, the PS shall ensure that the information arising from the PBMES shall be
consistent with the NIN.
RULE 18.4. To implement the PBMES, the PS is authorized to mobilized and
obtain resources, if necessary, from other units of the Department and external
assistance, subject to the approval of the Secretary. The implementation of the PBMES
shall be nanced from, in addition to other sources, item 10 of Section 111, subject to
the approval of the Secretary.
RULE 18.5. A major initial activity of the PMS with regard to the PBMES shall
be the inventory of beneficiaries and their status.
SECTION 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 the 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
nancial requirements of small farmers and sherfolk 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 environment protection plans.
The Department 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 of
Agriculture of both Houses to complement and enhance the programs and activities of
the Department in the implementation of the AFMP.
CHAPTER 3
Credit
SECTION 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, sherfolk, particularly the women involved in the
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production, processing and trading of agriculture and sheries 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 bene ciaries 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.
RULE 20.1. The Secretary, as Chairperson of the Agricultural Credit Policy
Council (ACPC), in collaboration with the National Credit Council (NCC), shall organize
dialogue sessions among all stakeholders in rural, agricultural and sheries nancing.
The sessions shall be held at least on a semestral basis beginning the second
semester of 1998. The sessions will assess the status of rural, agricultural and
sheries nancing and recommend and initiate policies, actions and mechanisms for
the improvement of the banking and nancial system's contribution to agricultural and
fisheries modernization.
SECTION 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 loanable funds including those under the Comprehensive Agricultural
Loan Fund (CALF) including new funds provided by this Act for the AMCFP and transfer
the management thereof to cooperative banks, rural banks, government nancial
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.
RULE 21.1. The Executive Director (ED) and staff of the Agricultural Credit
Policy Council (ACPC), jointly with the National Credit Council (NCC) shall, through a
participatory process with the bene ciaries and stakeholders, formulate the program
of phase-out of all directed credit programs (DCP), including the Comprehensive
Agricultural Loan Fund (CALF). The program shall include the plan, guidelines and
timetable for the inventory, appraisal, accounting and funds transfer and phaseout of
the DCPs so that the DCP funds shall be consolidated in order to nance the Agro-
industry Modernization Credit and Financing Program (ACMFP). The phase-out
program shall be consulted with the speci c agencies and units managing and
operating the various DCPs. The proposed program shall be submitted for approval by
the ACPC ED to the ACPC Council and the NCC on or before September 30, 1998. Upon
approval, the program will be implemented by the Department and completed on or
before February 9, 2001.
SECTION 22. Coverage. — An agriculture, sheries and agrarian reform credit
and nancing system shall be designed for the use and bene t of farmers, sherfolk,
those engaged in food and non-food production, processing and trading, cooperatives,
farmers'/ sherfolk's organization, and SMEs engaged in agriculture and sheries,
hereinafter referred to in this chapter as the "beneficiaries."
RULE 22.1. The ED and staff of the ACPC, in collaboration with the NCC, shall
draft the design of the AMCFP and submit the design for approval by the ACPC Council
and the NCC on or before December 30, 1998. The AMCFP shall be operational on or
before March 30, 1999 and nanced from, among other sources, the proceeds of the
phase out of DCPs. The draft design shall also cover the operating guidelines for the
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AMCFP; funding sources and requirements; the eligibility criteria for participating
nancial institutions; and modes, terms and conditions of nancial arrangements and
instruments, including safeguards. The ACPC ED shall consult the private sector
nancial system in the drafting process and shall call meetings and workshops with the
Bankers' Association of the Philippines, the Chamber of Thrift Banks, the Financial
Executives Association of the Philippines (FINEX), the Development Bankers'
Association (DBAP), the Rural Bankers' Association (RBAP), the Federation of
Cooperative Banks (Bangkoop ) and other concerned groups.
SECTION 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 sheries production including processing of sheries 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 sheries 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 sheries 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.
RULE 23.1. The LBP, DBP and QuedanCor shall initiate the nancing of viable
long-gestating projects within the second quarter of 1998. Such projects will include
plantation crops, orchards, tree farms and other high-value crops consistent with the
provisions of RA 7900.
RULE 23.2. Subject to the viability of the projects and the creditworthiness of
the borrowers, the coverage of the AMCFP in items a through k of Section 23 above are
further specified as follows:
RULE 23.2.1. Agriculture and sheries production including processing of
sheries and agri-based products and farm inputs including but not limited to eld and
sea beds preparation for mariculture, construction of shponds, materials used in
canning, dehydration, manufacturing of fertilizers and pesticides and weaving nets;
RULE 23.2.2. Acquisition of work animals, farm and shery equipment and
machinery including but not limited to carabaos, tillers, harvesters and threshers of all
applicable power ranges, post-harvest facilities, weighing scales and packaging
equipment, fishing vessels and gears;
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RULE 23.2.3. Acquisition of seeds, fertilizer, poultry, livestock, feeds and
other similar items including but not limited to the procurement of high-yielding
varieties, organic and inorganic fertilizers, hybrid animal stock and fish meal;
RULE 23.2.4. Procurement of agriculture and sheries products for storage,
trading, processing and distribution including but not limited to procurement, forward-
selling, order-taking and contract-growing of rice and corn, legumes, bers, fruits and
rootstocks, coconut, raw rubber, livestock and meat products, sh and other marine
products;
RULE 23.2.5. Acquisition of water pumps and installation of tube wells and
low-lift pumps for irrigation including but not limited to the procurement of power
trains, motors, pipes, tubing's, accessories and spare parts;
RULE 23.2.6. Construction, acquisition and repair of facilities for production,
processing, storage, transportation, communication, marketing and such other facilities
in support of agriculture and sheries including but not limited to the equipment, spare
parts and infrastructure of processing plants, ice plants and cold storage facilities,
grain dryers, warehouses, grains silos, reefer vans, barges, trucks and vehicles, IT and
telecommunication equipment;
RULE 23.2.7. Working capital for agriculture and sheries graduates to
enable them to engage in agriculture and sheries-related economic activities including
but not limited to production, processing and trading of agricultural and shery
products and inputs, research and development activities, extension work,
management consultancy and community organizing;
RULE 23.2.8. Agribusiness activities which support soil and water
conservation and ecology-enhancing activities including but not limited to research,
development and extension activities and management consultancy in soil, water and
resources conservation;
RULE 23.2.9. Privately-funded and LGU-funded irrigation systems that are
designed to protect the watershed including but not limited to development, planning,
construction, operation and maintenance of communal irrigation systems, small water
impounding projects (SWIPs), STWs, HTWs, and LLPs;
RULE 23.2. 10. Working capital for long-gestating projects including but not
limited to the cost of labor such as land preparation and salaries and wages for their
staff, employees and consultants, and inputs such as seed, seedlings, fertilizers,
pesticides, transportation and farm machinery, communication and IT equipment; and
RULE 23.2. 11. Credit guarantees, subject to the following criteria: (a) credit-
worthiness of the borrowers, (b) competence in project and loan management, and (c)
Project viability.
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 sherfolk; Provided, That agriculture and
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sheries 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 nancing of agrarian reform
and the delivery of credit services to the agriculture and sheries 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.
RULE 24.1. The Secretary of Finance shall issue a directive on or before
August 30, 1998 to execute the review mandated above. The review shall consider the
structure and results so far of the work of the NCC ongoing since 1993, and shall
provide for substantial inputs from the private sector and intended bene ciaries. The
Secretary of Finance shall engage an independent panel of experts to perform the
review. The review will be nanced by the guarantee institutions according to a sharing
formula determined by the Secretary of Finance. The review shall start no later than
November 1, 1998 and shall be completed by March 30, 1999.
RULE 24.2. On or before May 1, 1999 the results of the review shall be
presented for executive action to the O ce of the President; the Secretaries of Finance
and Agriculture; the BSP; the ACPC Council; the NCC; the Governing Boards of the Land
Bank of the Philippines (LBP), Philippine Crop Insurance Corporation, the Guarantee
Fund for Small and Medium Enterprises, QuedanCor, stakeholders and bene ciaries,
and finally the appropriate Congressional Committees for possible legislation.
RULE 24.3. T h e Bangko Sentral ng Pilipinas and the ACPC Council shall
formulate, through a participatory process involving representatives of lenders,
bene ciaries and independent nancial and agribusiness analysts, the implementing
guidelines for the setting of variable grace periods on the repayments on loans and
guarantees to long-gestating and viable agricultural and sheries projects. The
guidelines shall be presented to the Monetary Board and the Secretaries of Agriculture
and Finance for consideration and implementation on or before December 30, 1998.
SECTION 25. Rationalization of Credit Guarantee Schemes and Funds. — All
existing credit guarantee schemes and funds applicable to the agriculture and shery
sectors shall be rationalized and consolidation shall cover the credit guarantee
schemes and funds operated by the QuedanCor, the GSFME 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
nancial institutions; provided further that, credit guarantee shall be given only to small-
scale agriculture and sheries 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.
RULE 25.1. The QuedanCor, subject to the overview of the ACPC Council and
the NCC, shall engage an independent team of experts to undertake a review of the
performance of the various guarantee schemes and funds and to draft a rationalization
plan for these schemes and funds, and a design of the Agriculture and Fisheries Credit
Guarantee Fund (AFCGF). The Terms of Reference of the review team shall be jointly
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drafted by the QuedanCor and GFSME for approval by the Secretary on or before
August 30, 1998.
RULE 25.2. The results of the review and the subsequent rationalization plan
shall be submitted by the QuedanCor for approval by the Secretaries of Finance and
Agriculture, the ACPC Council and the NCC on or before June 30, 1999.
RULE 25.3. The Department and the QuedanCor shall implement the
rationalization plan upon its approval. Implementation shall include the transfer of
funds allocated from the AMCFP and the funds consolidated as a result of the
rationalization and consolidation of the credit and guarantee funds.
RULE 25.4. The Quedancor Board shall be enlarged, effective August 30,
1998 by representative of the following sectors: cooperatives, local government units
and rural nancial institutions. The representatives shall be appointed by the Secretary
upon the recommendation of the QuedanCor President based on consultations with
respective sectoral associations.
CHAPTER 4
Irrigation
SECTION 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-speci c irrigation projects, the economic principle of
comparative advantage shall always be adhered to.
RULE 26.1. The Department, particularly through the NIA, BSWM and FOS,
shall collaborate with the DENR and concerned LGUs, SUCs, POs and NGOs in the
preparation and implementation of programs and projects for watershed protection
and rehabilitation. All irrigation projects utilizing surface supply sources shall be
prepared considering their relation to the sustainability of watershed areas. All
irrigation projects drawing from groundwater supply sources shall be prepared
considering the aquifers' sustainable yields and recharge areas.
RULE 26.2. To ensure the participatory and coordinated planning and
management of irrigation services and to monitor the implementation of Sections 26
through 37, the Department and the NIA shall prepare a proposed bill for the
amendment of the NIA charter such that the membership of the NIA Board is expanded
to include representatives of the Department's FOS and BSWM, as well as key
representatives of stakeholders, particularly IAs. The proposed bill shall be submitted
by the NIA and the Department to Congress on or before July 30, 1998.
RULE 26.3. The Department shall program for rehabilitation only those
existing systems whose sources can supply the dry season irrigation requirements of a
minimum level set by a Department SO. The rst SO shall be recommended by the NIA
on or before September 30, 1998.
RULE 26.4. In general, the jurisdictions for the delivery of technical assistance
services shall be de ned in terms of height of the dams. The BSWM shall be
responsible for the delivery of technical assistance in relation to dams fteen (15)
meters or lower, and the NIA for dams higher than 15 meters.
SECTION 27. Research and Development. — Irrigation Research and
Development (R & D) shall be pursued and priority shall be given to the development of
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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. IDASHa
RULE 27.1. The Department, particularly through the NIA, BAR and the BSWM,
in coordination and collaboration with the rest of the Irrigation Research and
Development Network (IRDN) shall conduct R & D activities to improve the
management, effectivity and e ciency of irrigation systems, the protection and
sustainability of watersheds, and the adaptation or adoption of modern irrigation
technology. Irrigation research shall be a speci c component of the National Research
and Extension Agenda (NAREA) under the overall coordination of the Council for
Extension, Research and Development in Agriculture and Fisheries (CERDAF). The NIA
shall also strengthen its Irrigation Engineering Center by upgrading its research
facilities and technical training programs.
RULE 27.2. The Department, particularly through the IRDN, in collaboration
with the DENR, National Water Resources Board (NWRB) and DOST, shall increase its
level of nancial, manpower and logistical support for the Comprehensive Irrigation R &
D Umbrella Program (CIRDUP), on concerns such as:
RULE 27.2.1 The assessment of surface water potentials for irrigation,
protection and management of critical watersheds, enhancing water and resources
capability and identi cation and zoning of areas potentially irrigable by various modes
of irrigation,
RULE 27.2.2. The assessment of drainage and irrigation efficiency,
RULE 27.2.3. the aquifer characterization program, and
RULE 27.2.4. The assessment of development priorities in the rehabilitation
of gravity irrigation versus other modes of irrigation.
RULE 27.3. The Department, particularly through entities collaborating under
the CIRDUP shall institutionalize and strengthen the IRDN. The IRDN shall be expanded
to include private sector entities, POs, NGOs, SUCs and appropriate research
institutions. Technical support for the research activities shall be provided by the
appropriate NCEs while the BAR, in collaboration with the IRDN shall monitor CIRDUP
activities.
RULE 27.4. The Department shall lead, through the BSWM, in coordination
with the DENR and appropriate R & D institutions and SUCs in the planning and
implementation of R & D and action programs concerning the preservation and
rehabilitation of watersheds. Emphasis shall be on strategies for erosion control,
sediment transport, reservoir sedimentation, water yield enhancement and the
development of cost-effective and socially acceptable watershed rehabilitation
measures.
SECTION 28. Criteria for Selection of Irrigation Development Scheme. — The
selection of appropriate scheme of irrigation development shall be location-speci c
and based on the following criteria:
a) Technical feasibility;
b) Cost-effectiveness;
c) Affordability, low investment cost per unit area;
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d) Sustainability and simplicity of operation;
e) Recovery of operation and maintenance cost;
f) Efficiency in water use;
g) Length of gestation period; and,
h) Potential for increasing unit area productivity.
All irrigation projects shall, in addition to the criteria enumerated above, be
subjected to a social cost-benefit analysis.
RULE 28.1. The technical details of the criteria for the selection and
prioritization of irrigation projects shall be further speci ed by the Department in the
form of a Departmental AO. This AO shall be drafted through a participatory process
involving stakeholders and analysts convened on or before August 30, 1998.
RULE 28.2. The above criteria are further speci ed, such that the selection of
appropriate scheme of irrigation development shall consider geographical differences
in production and economic conditions, as well as agro-ecological characteristics,
opportunities and problems as follows:
RULE 28.2.1. Technical feasibility . — Based on location-speci c design
criteria such as a minimum percentage of dependable water supply, land suitability for
irrigation, a minimum cropping intensity, drainability, feasibility of water diversion and
conveyance;
RULE 28.2.2. Cost-effectiveness — A threshold Economic Internal Rate of
Return (EIRR), favorable Benefit Cost Ratio (BCR) and relatively short payback period;
RULE 28.2.3. Sustainability and simplicity of operation — Investment fully
recoverable or shouldered by the private sector, simple to operate that the system can
easily be turned over to water users and amenable to privatization
RULE 28.2.4. Potential for increasing unit area productivity — Optimum
bene t or production increase with project, focus on area with low yield and cropping
intensity level.
RULE 28.2.5. Affordability, low investment cost per unit area — A maximum
investment cost per hectare;
RULE 28.2.6. Recovery of operation and maintenance cost — Easy to operate
for quick and easy turn-over to water users or amenable to privatization. There should
be no subsidy or gradual removal of subsidy on operation and maintenance cost;
RULE 28.2.7. Efficiency in water use — A minimum overall water efficiency;
RULE 28.2.8. Length of gestation period — A maximum gestation period and,
RULE 28.2.9. The above-listed criteria are not mutually exclusive, and the rst
four (4) must all be met and therefore serve as minimum criteria. Prioritization of the
projects can then be made on the basis of the remaining four (4) criteria.
RULE 28.2.10. These above criteria shall be reviewed by the Department and
the NIA Board given the results of the regular review of irrigation undertaken by the
Department's M&E system.
RULE 28.3. All irrigation projects shall, in addition to the criteria enumerated
above, be subjected to a social cost-bene t and acceptability analysis, the
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methodology for which shall be established for all publicly- nanced irrigation projects
by the Department in coordination with the Investment Coordination Committee (ICC)
through a Department AO. The Department PDS, assisted by the NIA and BSWM, shall
draft the AO for the approval of the Secretary on or before September 30, 1998.
RULE 28.4. Subject to the above criteria issued as an AO, the NIA shall
recommend for the approval of the Secretary and implementation by the Department,
NIA, BSWM, NEDA and other o ces as required the priority irrigation structures and
schemes for development and investment, including those with nancing drawn from,
among other resources, item 1 of Section 111. The NIA shall submit its
recommendations on the rst set of irrigation structures deemed priority for
construction and nancing to the Secretary on or before September 30, 1998. The NIA
Board shall review the criteria and the list of priority projects on an annual basis.
SECTION 29. Simpli ed 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.
RULE 29.1. The Department, particularly through the NIA and BSWM, shall in
consultation with the Commission on Audit, prepare the detailed guidelines on
simplified public bidding. The draft guidelines shall be submitted for the approval of the
NIA Board and the Secretary in the form of a draft Department AO on or before July 30,
1998.
RULE 29.2. Irrigation projects undertaken by farmers, farmers' organizations
and other private entities whose funding is partly or wholly acquired with nancing from
government financial institutions shall not be subject to the bidding requirements of the
government. These projects include, among others, the loans for shallow tube wells and
low-lift pumps, STW credit scheme and the LBP small-scale irrigation lending facility.
RULE 29.3. The authority to undertake the construction, Approval of
resolution, Award and Approval of Contracts under Local Minor Contracts (LMC) are
within the delegated authority of the NIA Regional Irrigation Managers/Project
Managers concerned and shall have a limit of ten million pesos (P10,000,000) per
contract. Work schedule per LMC package shall be de ned by speci c station limits,
identifiable points, specific structures and performance parameters.
RULE 29.4. Force Account Works, categorized as "Pacquiao (pakyaw)
Contract" and/or Labor Intensive Contracts are packaged for labor provision only.
Priority in the award of these contracts is accorded to end-users, farmer-bene ciaries,
IAs, POs and NGOs who are capable and interested in the work(s).
SECTION 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.
RULE 30.1. The NIA shall continue to plan, design, develop, rehabilitate and
improve the NISs. It shall continue to maintain and operate the major irrigation
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structures including the headworks and main canals.
RULE 30.2. The NIA, in consultation with the Department, IAs and other
relevant entities shall accelerate and complete the turnover of the Operation and
Maintenance (O&M) of secondary canals and on-farm structures of the NIS to the
management and O&M by IAs. Effective upon the issuance of these IRR, the preparation
and execution of any national irrigation project shall provide for the participation of IAs
and/or LGUs from initiation and also include a time-bound component of complete
turnover to IAs and/or LGUs.
RULE 30.3. The turnover of the O&M of existing NIS structures shall be
completed on or before June 30, 1999. Provided, that:
RULE 30.3.1. The physical and technical capacity to deliver and distribute
adequate and timely irrigation water is not impaired, and
RULE 30.3.2. The relevant IA is deemed jointly by the DA and the NIA to be
prepared to assume the responsibility of O&M, according to criteria and capacity
building activities agreed upon between the Department, NIA and the Federation of IAs,
and
RULE 30.3.3. Appropriate transition measures are provided for any personnel
who may be adversely affected by the turnover.
RULE 30.4. The Department and the NIA shall collaborate on a program of
capability-building for IAs to enable these to independently and successfully manage
their NIS O&M tasks. The NIA, in consultation with the ATI, FOS and the IRDN shall draft
a capability-building program for approval by the Secretary on or before October 30,
1998. The capability-building program for the IAs shall incorporate components for,
among others, technical assistance, logistical support and training.
SECTION 31. Communal Irrigation Systems (CIS) — The Department shall,
within ve (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.
RULE 31.1. The Department, particularly the NIA and the BSWM, in
consultation with the DILG, DPWH, DBM, DOF, DENR, IAs, Leagues of LGUs and other
relevant entities, shall formulate and implement a program to devolve responsibilities
related to CISs to the relevant LGUs. Turnover shall include responsibilities related to
nancing, planning, management, design, operation and maintenance, relevant assets
and resources, and transition measures for affected personnel. The proposal for the
turnover program shall be jointly submitted by the NIA and the BSWM for approval by
the Secretary on or before December 30, 1998. The turnover of existing CIS to LGUs
shall be completed by February 9, 2003, or sooner if deemed feasible by the NIA Board.
RULE 31.2. Effective Fiscal Year 2003, the public investment, capital and
other budgets for all CIS and CIS Projects shall be prepared by and coursed through
LGUs. Such approval of such projects and the nancing of these from national
resources will be subject to the completion of coordinated public investment,
integrated SAFDZ and AFMP plans consistent across administrative/political
boundaries.
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RULE 31.3. Henceforth, the preparation and execution of any and all irrigation
projects shall provide for the participation of IAs and/or LGUs from initiation and also
include a time-bound component not to exceed ve (5) years from project initiation, of
complete turnover to IAs and/or LGUs:
RULE 31.4. The NIA shall continue to provide technical assistance to LGUs
and IAs even after the complete devolution of the irrigation systems. LGUs may appoint
and engage NIA and its NIACONSULT or other rms, under mutually-acceptable terms,
to provide technical and management services for CIS.
RULE 31.5. The Department, particularly through the NIA and the ATI, in
collaboration with the DOF and the DILG shall collaborate on a program of capability-
building to enable LGUs to independently and successfully sustain the CIS. The NIA
shall enable a participatory process to draft a capability-building program for LGUs for
approval by the Secretary on or before December 30, 1998. The capability-building
program for the LGUs shall incorporate components for, among others, technical and
financial assistance, logistical support and training.
SECTION 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.
RULE 32.1. The Department shall promote an atmosphere that will encourage
the innovation of private-sector owned and operated irrigation systems. These systems
shall be independently executed and managed specially by farmers, farmers'
associations or NGOs and include such modes and mechanisms such as, but not
limited to, shallow tube wells, low-lift pumps, pressurized irrigation systems, small farm
reservoirs, small water-impounding and diversion dams and other inundation systems
and structures.
RULE 32.2. The Department will encourage nancial institutions to nance
the private, independent acquisition of irrigation equipment such as pumpsets and
drilling rigs.
RULE 32.3. The Department will also support programs on the capacity-
building and training of well drillers and machinery manufacturers and farmers; agro-
industrial extension; concerted R&D and improved delivery of other essential irrigation
support services and functions.
RULE 32.4. The Department, particularly the FOS, NIA and BSWM shall
formulate, through a participatory process, the plan and program to promote the
accelerated development of independent, privately owned and operated irrigation
systems. The program shall build and expand upon the experience of the existing
program to promote STWs and other minor systems. The proposed plan and program
shall be presented for review and approval by the Secretary on or before September 30,
1998 for implementation by or before January 1, 1999. DTEcSa
RULE 45.1. The Department shall seek the cooperation and collaboration of
the private sector in the operation of the NIN. The NIN shall be designed to be self-
supporting within ve (5) years of its launching. The BAS and ITCAF shall explore and
innovate mechanisms to ensure cost recovery and sustainability, where recoveries are
applied to the improvement and sustainability of the NIN and its associated training
programs, but without disregarding equity in access to the NIN, particularly by small
and subsistence farmers and sherfolk and their associations. The Department shall
request the DBM to provide authority for a revolving fund to be managed by the ITCAF
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and BAS as part of the cost-recovery feature of the NIN.
CHAPTER 6
Other Infrastructure
SECTION 46. Agriculture and Fisheries Infrastructure Support Services. — The
Department of Public Works and Highways, the Department of Transportation and
Communication, 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.
RULE 46.1. The Department, particularly the PS, shall formulate the
agriculture and shery infrastructure plan and monitor its implementation. The
agriculture and shery infrastructure plan shall be consolidated based on submissions
from all the various units of the Department and its partner LGUs. The rst edition of
the agriculture and shery infrastructure plan shall be submitted for the approval of the
Secretary on or before December 30, 1998.
RULE 46.2. The Department, particularly the BPRE and the FOS shall
collaborate with other o ces of the Department and with LGUs to strengthen their
agricultural and sheries engineering capacities. The Secretary shall designate an
appropriate o cial to take charge of the Department's program of infrastructure
support for agricultural and fisheries modernization.
SECTION 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.
RULE 47.1. The Department, particularly the FOS, BPRE and the PDS shall
draft, though a participatory process, the guidelines in the form of a draft Department
AO detailing the broad criteria stated in Section 47. The guidelines shall also include
criteria based on sustainability and social acceptability. The draft AO will be submitted
to the Secretary for approval on or before September 30, 1998.
RULE 47.2. Effective immediately, the government and the relevant
departments and entities, including the Department and its component o ces, shall
refer to Sections 46 and 47 and related rules and regulations in the prioritization of
objects for public investment in rural infrastructure. In particular, the Investment
Coordination Committee (ICC), the NEDA and the DBM shall collaborate with the
Department in the programming of rural infrastructure and in the screening of rural
infrastructure projects to be prioritized in the annual and medium-term PIP as nanced
under the Public Works Act and general appropriations.
RULE 47.3. The integrated development plans for the SAFDZs shall include
the prioritized agricultural and shery infrastructure and support services including
funding requirements.
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SECTION 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 bene t the most number of agriculture
and fisheries producers and processors.
SECTION 49. Private Infrastructure Facilities. — For infrastructure primarily
bene ting 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.
SECTION 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.
RULE 50.1. The Department, particularly the FOS and PDS shall prepare
recommendations on agriculture and sheries infrastructure which may be
incorporated in the following:
RULE 50.1.1. the public works programmed under the General
Appropriations Act,
RULE 50.1.2. the priority infrastructure programs of the Departments of
Public Works (DPWH) and Transportation and Communications (DOTC), and
RULE 50.1.3. the infrastructure programs of LGUs and legislators in key
production areas.
SECTION 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 shports, 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 sheries products; Provided, That shports,
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 ine cient 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.
RULE 51.1. The DOTC, the Philippine Ports Authority (PPA), NEDA and other
agencies with infrastructure functions shall coordinate with the Department for the
inventory, appraisal and determination of priority shports, seaports and airports and
facilitating the installation of bulk-handling and storage and other post-harvest facilities
needed in order to enhance the marketing of agriculture and sheries products. For this
purpose the aforementioned agencies shall consult the Department prior to initiating
the process of investment in rural, agricultural and fisheries infrastructure.
RULE 51.2. The PDS shall coordinate with the relevant o ces and agencies,
particularly the Bureau of Agriculture and Fishery Products Standards (BAFPS), the
Bureau of Animal Industry (BAI), the Bureau of Plant Industry (BPI), the Bureau of
Fisheries and Aquatic Resources (BFAR), among others, to ensure that the appropriate
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quarantine, sanitary and phytosanitary centers are established in the country's major
fishports, seaports and airports.
RULE 51.3. The Department, particularly the FOS, PS, PAS and the PDS, shall
collaborate with the DOTC, DTI, PPA, MARINA, the LGUs concerned, representatives of
farmers and sherfolk's associations and the private agribusiness and shipping sector
to continuously assess the quality and e ciency of such services, including policies
and regulations governing shipping, arrastre, ports infrastructure and services,
stevedoring, charges and tariffs, safety and related matters.
SECTION 52. Farm-to-Market Roads. — The Department shall coordinate with
the LGUs and the resident-farmers and sherfolk in order to identify priority locations
of farm-to-market roads that take into account the number of farmers and sherfolk
and their families who shall bene t 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.
RULE 52.1. The Department, particularly the PDS and the PS, and its RFUs
shall collaborate with LGUs, DPWH and other stakeholders in the planning, prioritization
and construction of roads and road networks with signi cant impact on the transport
of agricultural and fisheries commodities. On or before September 30, 1998, LGUs shall
provide a minimum 10 percent counterpart for the construction of farm to market
roads in their jurisdictions. The Provincial or City Engineer, or the DPWH shall provide
technical assistance to LGUs.
SECTION 53. Rural Energy — The Department shall coordinate with the
Department of Energy (DOE), the Department of Public Works and Highways (DPWH),
National Electri cation Administration (NEA) and the National Power Corporation
(NAPOCOR) for the identi cation and installation of appropriate types of energy
sources particularly in the use of non-conventional energy sources for the locality in
order to enhance agriculture and fisheries development in the area.
RULE 53.1. The Department shall establish mechanisms of cooperation,
information-sharing and consultation with the DOE, National Power Corporation (NPC),
National Electri cation Administration (NEA) and the DPWH such that an adequate
supply of electricity, particularly that generated by non-conventional means, is provided
in support of SAFDZs and agro-industrial activities. The DOE, in collaboration with the
PDS, shall prepare an assessment of the state of energy supply to agro-industry for
presentation to the NAF Council on or before December 30, 1998.
SECTION 54. Communications Infrastructure. — The Department shall
coordinate with the DOTC to facilitate the installation of telecommunication facilities in
priority areas, in order to enhance agriculture and fisheries development.
RULE 54.1. The Department, particularly the ITCAF and the PDS, shall
establish mechanisms of cooperation, information-sharing and consultation with DOTC
and the NTC to ensure that adequate telecommunications facilities are provided in
support of SAFDZs and agro-industrial activities. The DOTC shall prepare an
assessment of the state of telecommunications services for agro-industry, in
collaboration with the DA-ITCAF for the NAF Council on or before December 30, 1998.
SECTION 55. Water Supply System. — The Department shall coordinate with
the DPWH and the LGUs for the identi cation and installation of water supply system in
the locality for agro-industrial uses to enhance agriculture and sheries development in
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the area.
SECTION 56. Research and Technology Infrastructure . — The Department in
coordination with other government agencies shall give priority and facilitate the
funding of infrastructure necessary for research ventures such as farm laboratories and
demonstration farms with state colleges and universities that derive their core funds
from the Department.
RULE 56.1. The Department in collaboration with other agencies, shall give
priority and facilitate the funding of the R&D infrastructure such as farm laboratories
and demonstration farms of SUCs. The SUCs shall submit R&D proposals for co-
nancing to the Department through the RIARCs and BAR, including scholarships and
thesis support for students.
SECTION 57. Post-Harvest Facilities. — The Department shall coordinate with
the Bureau of Post-harvest for Research and Extension and the Post-harvest
Horticulture, Training and Research Center of the University of the Philippines at Los
Baños, to identify appropriate post-harvest facilities and technology needed to enhance
agriculture and fisheries development in the area.
RULE 57.1. The Department, particularly the PDS, BPRE, PhilRice and PFDA
shall establish a joint planning schedule and work program with the UPLB PHTRC and
other o ces to facilitate the implementation of the post-harvest program. The BPRE
shall lead the formulation and execution of a post-harvest technology development and
promotion program for the major commodities other than rice. The rst post-harvest
work program shall be submitted to the Secretary on or before September 30, 1998 for
the balance of 1998.
All markets shall have a sanitation unit, proper and adequate drainage and
sewerage system, ample water supply, public toilets with lavatories, garbage
receptacles, ice plants and cold storage, adequate lighting and ventilation and supply of
electricity to ensure cleanliness and sanitation. Price monitoring bulletin boards for
selected commodities and weighing scales accessible to the public shall also be
established.
RULE 63.1 The BAFPS TF shall consult with the BFAR and the BAI on the
appropriate delineation of their respective functions in consideration of the provisions
of the Animal Welfare Act of 1998 and the Fisheries Code of 1998 , as well as practical
considerations of the logistics, ease of administration, adequacy of budgets and
personnel and agency capability. Their agreements shall be embodied in Departmental
AOs jointly drafted for the approval of the Secretary. More speci cally, in collaboration
with the appropriate agencies and, the BAFPS shall have the following powers and
functions:
RULE 63.1.1. To formulate and enforce standards of quality that will ensure
human health and safety and e ciency in the consumer consumption, marketing and
trade of agricultural and sheries products, both for export and import. Enforcement
shall include the formulation and implementation of standards utilized in the
enforcement of quarantine relative to products for human consumption.
RULE 63.1.2. Develop and implement in association with the Department,
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other Departments, selected SUCs and LGUs, the codes of practice and guidelines for
the food safety and e cient trade standards in postharvest handling, primary and
secondary processing, packaging, labeling, advertising, distribution and marketing of
agricultural and fisheries products,
RULE 63.1.3. Assist government o ces and agriculture and shery
enterprises to establish the scienti c basis for domestic food safety and nutrition
standards and codes of practice and the alignment of these with internationally
accepted standards and practices,
RULE 63.1.4. Coordinate with government o ces and agriculture and shery
enterprises to develop an early-warning system on developments and trends in
international food safely and nutrition standards and codes of practice, to enable
adequate domestic adjustment to these,
RULE 63.1.5. Ensure the participation of representatives of all affected
parties, both government and non-government in the formulation of agricultural and
shery product standards and codes of practice for commodity and food safety and
efficient trade,
RULE 63.1.6. Establish and maintain, in collaboration with the NIN and the
appropriate research institution and SUCs, the database, Management Information
System (MIS) and M&E, and research on commodity and food safety and nutrition
standards,
RULE 63.1.7. Conduct product testing, surveillance and inspection of food
handling, processing and storage facilities, including abattoirs, sh ports and landing
areas and markets for compliance with approved standards and codes of practice, and
establish and operate testing centers and research laboratories for this purpose,
RULE 63.1.8. Establish an inspection and certi cation system including third
party accreditation and a professional Certi cation System for commodity standards
professionals to ensure cost-effective implementation of standards and codes of
practice,
RULE 63.1.9. In collaboration with the Department PAS, provide the
organization and manpower expertise to ensure effective preparations and background
for government participation in the deliberations on international food standards,
including those related to the World Trade Organization (WTO), Sanitary and Phyto-
sanitary Standards (SPS), Food and Agriculture Organization (FAO), World Health
Organization (WHO), Codex Alimentarius Commission, the O ce Internationale des
Epizootics, the International Plant Protection Convention (IPPC) and other international
bodies formulating international food safety and e cient trade standards, and, subject
to the direction of the Secretary, be responsible for government participation in the
deliberations of the above international bodies,
RULE 63.1.10. Serve as the Philippines' National Enquiry Point for SPS and
other food safety and standards concerns,
RULE 63.1.11. Determine and implement, in collaboration with the
appropriate o ces and entities, the recall from the market of commodities that are
determined to be un t for human consumption. Provided, that con scated
commodities are to be destroyed, and
RULE 63.1.12. Levy and collect fees for its inspection, testing and
certi cation services. Provided, that the schedule of fees shall be subject to the
approval of the Secretary of Agriculture. Provided further, that such fees shall be
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managed under a BAFPS revolving fund, proposed by the Department to the DBM to be
created in the 1999 Appropriations Act.
SECTION 64. Pool 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.
RULE 64.1. In addition to those from government agencies, the pool of
experts shall also include experts from the private sector and concerned industry
associations, POs and NGOs.
RULE 64.2. The multi-sectoral BAFPS Task Force is hereby created to
formulate the design of the BAFPS. On or before July 30, 1998 the Department
Assistant Secretary charged with Regulatory and Consumer Services or another o cer
as designated by the Secretary shall assume the chair of the BAFPS TF. The BAFPS TF
shall enable multi-sectoral consultations and the sharing of resources for the
organization and early operationalization of the BAFPS. The Chairperson of the BAFPS
TF is hereby authorized to draw resources from the concerned agencies such as, but
not limited to: BPI, BAI, LDC, NMIC, BFAR, NFA, NNC, FDC and BAR in order to organize a
secretariat for the BAFPS TF and the initial operations of the BAFPS.
RULE 64.3. The TF shall be appointed from the pool of experts by the
Secretary upon the recommendation of the TF Chairperson. The BAFPS TF shall prepare
the terms of reference, funding and manpower requirements of the BAFPS for approval
by the Secretary not later than September 30, 1998.
RULE 64.4. Upon the approval by the Secretary of the design and initial
workplan of the BAFPS, the BAFPS TF shall cease to exist. The pool of experts will
however, continue to provide technical assistance to the Department on matters
related to the BAFPS.
TITLE 2
Human Resource Development
SECTION 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 sheries development and agrarian reform, through industries that
make full and efficient use of human and natural resources.
RULE 65.1. Principles in the implementation of the HRD program. — The state
recognizes that the concerted efforts and active participation of academicians,
agriculturists, shery and aquaculture specialists, agribusiness industries, and
farming/ shing communities, POs and NGOs is an important requisite in effective
planning, implementation, and evaluation of human resources development program in
agriculture and fishery.
RULE 65.2. The State shall be guided by the following principles in the
implementation of its human resource development program:
RULE 65.2.1. Quality. — The provision of quality education is the foundation
for the production of quality agriculture and shery graduates who shall have the
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competence and professionalism to function in a globally competitive agriculture and
fishery industry.
RULE 65.2.2. Relevance. — A highly competitive global economy demands
responsive and exible curricula and continuing improvement of teachers' competence
and instructional and research facilities; and,
RULE 65.2.3. Access and Equity. — Agriculture and shery education at the
tertiary level should be accessible to all quali ed students regardless of economic and
social status.
SECTION 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.
RULE 66.1. Coverage of the NAFES. — The NAFES is an integrated system of
agriculture and shery education covering both public and private institutions in all
three levels of education as follows:
RULE 66.1.1. Elementary and secondary schools;
RULE 66.1.2. Post-secondary institutions offering non-degree technical or
vocational programs in agriculture and fishery; and,
RULE 66.1.3. Institutions of higher learning offering degree and post-
graduate programs in agriculture and fishery.
RULE 66.2. The National Agricultural and Fisheries Education System
Committee (NAFES Committee) is hereby created to ensure the coordinated
implementation of the National Agriculture and Fisheries Education System (NAFES)
and strengthening of the human resources of the agriculture and sheries sector as
de ned in RA 8435. To facilitate the performance of its mandate, the NAFES
Committee may create subsidiary sub-committees and/or task forces, specifying their
composition and TORs. The Chairperson of the CHED shall chair the multi-sectoral
NAFES Committee and appoint its members. The Department Undersecretary charged
with research, development and extension shall serve as Vice-Chairperson. The CHED
shall serve as the Secretariat to the NAFES Committee, which effective the third quarter
of 1998 shall meet at least once every quarter, or more often at the behest of the
Chairperson.
SECTION 67. Education Program for Elementary and Secondary Levels. —
There is hereby established an Agriculture and Fisheries Education Program under the
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NAFES specially designed for elementary and secondary levels. The program shall be
formulated, organized and implemented by the DECS with the following objectives:
a) to develop appropriate values that form the foundation for sustained
growth in agriculture and fisheries modernization;
b) to increase the attractiveness of agriculture and fisheries education, so
that more young and talented person will look at agriculture and fisheries
as an acceptable option for career and livelihood;
c) to promote appreciation of science in agriculture and fisheries
development;
d) to develop among students positive attitudes towards entrepreneurship
and global competition in the agriculture and fisheries business;
e) to improve the present curriculum in the elementary and secondary levels
by emphasizing the core values necessary for agriculture and fisheries
modernization and,
f) to develop an outreach program where students, parents and the schools
become instruments in effecting positive changes in the pupil's home and
community.
RULE 67.1. The DECS shall design and implement the Agriculture and
Fisheries Education Program for Secondary and Elementary School Levels under the
NAFES. The DECS shall submit the design for the approval of the NAFES Committee on
or before September 30, 1998, for implementation by the DECS in or before the school
year 1999—2000; Provided, that the design and implementation of the Agriculture and
Fisheries Education Program for Secondary and Elementary School Levels shall be
integrated into the accreditation, evaluation and rationalization system of the NAFES in
or before the school year (SY) 2000—2001.
SECTION 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 mechanism for a flexible process of curriculum development;
a)
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 sheries 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 the strict enforcement of school regulations
regarding standards and requirements.
RULE 68.1. The TESDA shall design and implement the Post-secondary
Education Program for Agriculture and Fisheries under the NAFES. The TESDA shall
submit the design for the approval of the NAFES Committee before September 30,
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1998, for implementation in or before SY 1999—2000. Provided, that the design and
implementation of the Post-secondary Education Program for Agriculture and Fisheries
shall be integrated into the accreditation, evaluation and rationalization system
developed for the NAFES in or before the SY 2000—2001.
SECTION 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 quali ed 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 eld in every region shall be accredited as
such; and provided further, that the system shall be based on the following criteria:
a) institutional accessibility, population, economic contribution of agriculture
and fisheries in the community, and the needs or unique requirements of
the area;
b) quantity and quality of research studies conducted;
c) degree of utilization of research results;
d) quantity and quality of faculty members;
e) type of facilities;
f) linkage with international organization; and,
g) potential contribution to agriculture and fisheries development in the
target area. TcCSIa
RULE 69.1. The CHED, in consultation with stakeholders, shall design and
implement the periodic evaluation system of the NCEs using output-oriented
performance standards (OOPS).
RULE 69.2. The CHED shall also be responsible for the design and
implementing guidelines for the system of accreditation under the Network of NCEs.
The CHED may engage a team of experts and representatives of key institutions,
particularly the PASUC, to design the evaluation system of NCEs.
RULE 69.3. The database and the design of the evaluation and accreditation
system shall be submitted by the CHED for review by the NAFES Committee on or
before October 1, 1998, for implementation by all institutions concerned on or before
February 9, 1999.
RULE 69.4. Upon approval by the NAFES Committee of the NCE Guidelines,
the CHED shall establish no later than December 30, 1998 the Network of the NCEs in
Agriculture and Fisheries Education.
RULE 69.5. Not more than one agriculture and one shery national university
or college (NUCAF) in agriculture and sheries per region and not more than one
agriculture and one shery institute (PIAF) per province shall be selected to form part
of the NCEs;
RULE 69.6. The NAFES Committee shall determine the speci c roles and
functions of the national and provincial institutions of agricultural and sheries
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education.
RULE 69.7. Universities and colleges shall complement each other in the
three-fold functions of instruction, research, and extension.
SECTION 70. Rationalization Plan. — For the purpose of upgrading and
maintaining a high degree of academic excellence in the elds of agriculture and
sheries, all existing public and private colleges and universities that are not hereinafter
designated and accredited as centers of excellence shall be given adequate time to
redirect its program to non-agriculture and/or non- sheries 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 the 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 the result in the
decrease of the budget allocation for the state universities and colleges concerned.
RULE 70.1. Based on guidelines approved by the NAFES Committee, the
CHED, in coordination with the PASUC and the Association of Colleges of Agriculture of
the Philippines (ACAP), shall draft and implement the rationalization plan of NCEs
based on the results of the evaluation and accreditation system and consistent with RA
7722 (The Higher Education Act of 1994 ) and RA 8292 (The Higher Education
Modernization Act of 1997). The rationalization plan shall make use of the output-
oriented performance standards in the assessment of institutions.
RULE 70.2. All existing public and private colleges and universities that are
not hereinafter designated and accredited as NCEs shall be allowed a maximum of ve
(5) years from the date of noti cation to redirect its program to non-agriculture and/or
non- sheries areas needed by the province or region. The rationalization plan shall be
submitted by the CHED for the approval of the NAFES Committee on or before March
30, 1999, and for implementation on or before July 1, 1999; Provided, that:
RULE 70.2.1. Not more than one agriculture and one shery NUCAF in
agriculture and sheries per region and not more than one PIAF per province shall be
selected as an NCE;
RULE 70.2.2. In regions where there is only a single NUCAF and provinces
where there is only a single PIAF, these institutions shall automatically be selected by
CHED as potential NCEs for development. The selection process shall only apply to
regions or provinces where more than one contending institution operates.
RULE 70.2.3. The CHED shall determine no later than March 30, 1999 the
appropriate elds in agriculture or shery, which a selected NUCAF may offer, based on
the human resource needs of the country and capability of the NCE concerned.
RULE 70.2.4. Effective SY 1999—2000, schools not identi ed as NCEs in
agriculture and sheries shall no longer offer agriculture and sheries courses, unless
these are jointly offered with an accredited NCE.
RULE 70.2.5. The CHED may designate an NCE to perform zonal instructional
services in speci c undergraduate or graduate degree programs to achieve economies
of scale.
RULE 70.2.6. The Technical Panel for Agriculture Education (TPAE) shall
propose criteria developed for the selection of NUCAFs to perform zonal instructional
services for degree programs.
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RULE 70.2.7. For public NCEs with non-agriculture and shery instructional
mandates, the institutions concerned shall delineate those portions of the institution
which may be designated as the NUCAF or PIAF from the whole university or college
and prepare a separate budgetary requirement for endorsement by the CHED to the
DBM.
RULE 70.2.8. The Rationalization Plan shall include a policy for the effective
utilization of affected personnel and facilities and shall not result in the decrease of the
budget for the SUCs concerned.
RULE 70.2.9. The nancing of the tasks related to the modernization of
agricultural and sheries education as mandated under RA 8435 shall be nanced from
the respective agency budgets of the CHED, TESDA, DECS and the Department. If
necessary, supplementary nancing may be drawn from, among other sources, item 9
of Section 111. For this purpose the CHED, TESDA and DECS shall draw up speci c
annual budgets for the purpose and submit these to the Secretary and the NAFES
Committee for approval and financing.
SECTION 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 nancial support taking into account
social equity factors for poor provinces.
RULE 71.1. In consultation with the LGUs, DBM, DOF and the Department, the
CHED shall develop a partnership- nancing scheme with provincial LGUs for the
accredited NCEs in their provinces, to be implemented on or before February 9, 2000.
The scheme shall account for social equity factors for poor provinces.
SECTION 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 sheries which shall
serve as an instrument that will provide over-all direction in setting priorities in
curricular programs, enrollment, performance targets, and investment programs.
RULE 72.1. The CHED, in coordination with the Department and other
appropriate agencies shall formulate and implement the National Integrated Human
Resource Development Plan (NIHRDP) in Agriculture and Fisheries. The NIHRDP shall
cover academic, research and development, extension and practitioners in agriculture
and fisheries. The components of the NIHRDP shall include:
RULE 72.1.1. an assessment of the state of human resources, particularly
extension, research and development personnel, in the Department and other agencies
in the NAFES, and
RULE 72.1.2. long-term, continuing program incorporating scholarships,
recruitment, orientation, in-service training, continuing education and if necessary, early
retirement.
RULE 72.2. The NIHRDP shall incorporate the application of the scienti c
career system to the appropriate technology, research and analysis positions and units
of the Department and related agencies, consistent with the Magna Carta for Science
and Technology Personnel.
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RULE 72.3. The NIHRDP shall incorporate a competitive compensation and
incentive structure.
RULE 72.4. The CHED and the Department may engage the services of HRD
professionals to provide technical assistance in drawing up the long-term NIHRDP. The
rst NIHRDP shall be submitted for the approval of the NAFES Committee and the
Secretary on or before December 30, 1998, and implementation on or before April 1,
1999.
RULE 72.5. The nancing of the NIHRDP shall be drawn from, among other
sources, items 7, 9 and 11 of Section 111.
SECTION 73. Output-Oriented Performance Standards. — In order to ensure
institutional accountability, e ciency, and quality, there shall be formulated and
developed an Output-Oriented Performance Standards which shall serve as the primary
instruments for institutional evaluation.
For this purpose, all public and private universities and colleges, that are
designated as centers of excellence, shall cause to be installed a computerized
monitoring and evaluation system that periodically collects and regularly measures
variables indicating institutional performance based on the Output-Oriented
Performance Standards.
RULE 73.1. The CHED shall formulate and develop the Output-Oriented
Performance Standards (OOPS), not later than September 30, 1998, that shall serve as
the basis for individual and institutional evaluation. The OOPS shall include qualitative
and quantitative standards of institutional performance on internal productivity
(management systems, governance, leadership and resource utilization) and external
productivity (institutional e ciency and effectiveness in producing the desired
outputs).
RULE 73.2. All designated NCEs in agriculture and sheries shall install
computerized M&E systems which shall facilitate the collection and analysis of data for
output-oriented performance evaluation as well as the third party evaluation every ve
(5) years. The CHED, in collaboration with the NUCAFs and PIAFs shall design, set up
and operate a computerized M&E network which will provide timely and accurate data
on manpower supply and demand, impact of NAFES on the agriculture and shery
graduates, diffusion of relevant and innovative technologies and other developments in
the agriculture and shery sector in the region (for NUCAFs) and the province (for
PIAFs), not later than June 30, 1999.
RULE 73.3. The OOPS and the M&E system for the NCEs shall be linked to the
NIN.
SECTION 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 ve
(5) years thereafter, all designated NCEs in agriculture and sheries 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 sheries
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.
RULE 74.1. The CHED shall establish the baseline OOPS information on NCEs
no later than December 30, 1998. Periodically, once every ve (5) years or at intervals
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determined by the NAFES, and thereafter, all designated NCEs in agriculture and
sheries shall be subject to a third party evaluation. The CHED shall formulate
appropriate incentive schemes for institutions that are performing well and appropriate
sanctions for those institutions which are performing below standards.
RULE 74.2. The external or third party evaluation teams shall include, among
others, the following:
RULE 74.2.1. Management and educational experts of international or
national stature,
RULE 74.2.2. Representatives of key sectors of the agriculture and sheries
industries, including POs and NGOs,
RULE 74.2.3. Representatives of the Department, DOST, NEDA, and other
appropriate agencies, and
RULE 74.2.4. Representatives of the relevant LGUs.
SECTION 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 rst board of examination for B .S. Fisheries and/or Agriculture Graduates
shall be conducted within one (1) year from the approval of this Act.
RULE 75.1. The Professional Regulation Commission (PRC) shall create and
operationalize a Board of Agricultural and Fisheries (BAF), a collegial body, under its
administrative supervision and control, appoint its Chairman and members, provide
their quali cations and terms of o ce, prescribe its powers, functions and
responsibilities other related matters on the licensing and regulations of the practice of
agriculture and sheries. The PRC shall issue and promulgate its rules and regulations
governing the creation and operation of the said Board, the licensing and regulation of
the practice of agriculture and sheries and other related purposes and activities
implementing Section 75 of RA 8435. The Board's Chairman and Members shall be
appointed not later than October 30, 1998.
RULE 75.2. The budget for the organization and operations of the BAF shall
be drawn from a supplemental budget that the PRC shall submit to the DBM.
RULE 75.3. The first licensure examination for BS Fisheries and/or Agriculture
graduates shall be given not later than December 23, 1998.
RULE 75.4. The Civil Service Commission shall confer eligibility on those
graduates of agriculture or sheries courses who have not taken the Civil Service
Examination for Fisheries and Agriculture but have continuously served the industry in
either private or public capacity for at least five (5) years upon application for eligibility.
RULE 75.5. The BAF and the PRC shall, in collaboration with the Department
and representatives of the affected groups, study the feasibility of a licensure
examination for Specialist Practice in particular elds of Agriculture and Fisheries. The
BAF shall, subject to the approval of the PRC, submit its recommendations to the
NAFES Committee and the Secretary on or before June 30, 1999.
SECTION 76. Continuing Agriculture and Fisheries Education Program. — The
Commission on Higher Education, the Department of Education, Culture and Sports and
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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. cHaDIA
RULE 76.1. The CHED, DECS and TESDA in coordination with the Department
and the public and private universities and colleges in the NAFES, shall formulate the
National and Integrated Continuing Agriculture and Fisheries Education Program
(NICAFEP). The proposal for the NICAFEP shall be presented to the NAFES Committee
on or before September 30, 1998, for implementation on or before SY 1999—2000.
RULE 76.2. The Department, particularly the ATI and the Human Resources
Development Division (HRDD), shall prepare, in coordination with the various institutions
in the NAFES, a program of continuing education for the Department staff. If feasible,
the continuing education requirements of the DAR and the DENR shall also be
considered in the program. The Department shall present to the NAFES Committee its
proposed program on or before September 30, 1998.
RULE 76.3. The DECS shall formulate and implement a program of HELE
upgrading. The DECS shall present its upgrading proposals to the NAFES Committee
on or before September 30, 1999.
RULE 76.4. The TESDA shall formulate and implement a program of THE
upgrading. The TESDA shall present its upgrading proposals to the NAFES Committee
on or before September 30, 1999.
RULE 76.5. The nancing for the NICAFEP, the Continuing Education program
of the Department, as well as the upgrading of HELE and THE, shall be drawn from,
among other sources, item 9 of Section 111.
SECTION 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 sheries . Where appropriate, such
scholarship program shall also provide opportunities for graduate work in foreign
universities.
RULE 77.1. The CHED, in collaboration with the concerned agencies, shall
draft the guidelines for a national scholarship program for deserving academic staff to
pursue advanced degrees in agriculture and sheries. The draft guidelines shall be
submitted for the approval of the NAFES Committee on or before September 30, 1998.
RULE 77.2. The Department, particularly the ATI and the NAFC, shall expand
its existing program of scholarships for degree and non-degree training, both in
national and international institutions, in agriculture and sheries for deserving
technical, scienti c and extension workers in the Department and practitioners in
agriculture and sheries. The Department shall present its expanded program to the
NAFES Committee on or before September 30, 1998.
RULE 77.3. The Department, particularly the ATI and the NAFC, in
collaboration with the concerned agencies, shall expand its existing program of
scholarships for degree and non-degree training in agriculture and sheries for capable
and deserving youth, particularly the children of smallholders, in order to encourage and
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support study, service and professional careers in agriculture and sheries. The
Department shall present its expanded program to the NAFES Committee on or before
September 30, 1998.
RULE 77.4. The scholarship programs above shall include the following
provisions:
RULE 77.4.1. The grantees from the government service shall render a
reasonable equivalent years of service under existing government guidelines;
RULE 77.4.2. In cases of grantees from the academe, the program shall be
utilized to strengthen the elds or areas of specialization for which the institutions was
identified as an NCE;
RULE 77.4.3. Local fellows shall be sent to the accredited NCE for a
particular field of specialization.
RULE 77.5. These above listed scholarship programs shall initially be
nanced from, among other sources, item 9 of Section 111. In addition, the CHED and
the Department, subject to the approval and the oversight of the NAFES Committee,
shall establish an endowment fund for scholarship, to be built up over a period of ve
years beginning in 1999.
SECTION 78. Merit System. — To promote the development of scienti c
excellence and academic scholarship, the public and private universities and colleges, in
cooperation with the CHED and the DBM, shall institute an output-oriented uni ed
system of promotion for academic personnel.
RULE 78.1. The public universities and colleges of agriculture and sheries, in
cooperation with the CHED, DBM, Civil Service Commission (CSC) and the Career
Executive Service Board (CESB) shall institute a uni ed, output-oriented system of
promotion for academic personnel which shall be uniformly implemented on or before
SY 1999—2000. The CHED will coordinate with the public tertiary educational system in
the formulation and implementation of the merit-based, uni ed promotion system for
academic personnel. The CHED shall submit the draft guidelines of the merit system to
the NAFES Committee for approval on or before December 30, 1998.
RULE 78.2. Upon the drafting of the guidelines of the merit system, the CHED
will enter into dialogue with the private tertiary educational institutions with the goal of
achieving an merit system that is uni ed across the private and public educational
system.
SECTION 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 modi ed 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 sta ng pattern as approved by
DBM and shall be included in the annual General Appropriations Act.
TITLE 3
Research Development and Extension
CHAPTER 1
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Research and Development
SECTION 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 scienti c and technological capabilities, and their
application to the country's productive system and national life.
RULE 80.1. These IRR shall cover all existing networks of research and
development, and extension centers and institutions that are in the public domain or are
supported by public funds.
SECTION 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 sheries research and development shall be pursued separately, from but in close
coordination with that of agriculture.
RULE 81.1. The National Research and Development System in Agriculture
and Fisheries (NaRDSAF) is hereby organized. The NaRDSAF shall complement the
National Extension System in Agriculture and Fisheries (NESAF) created under Section
89.
RULE 81.2. The Secretary recommends to the President the creation, on or
before July 30, 1998 of the Council on Extension, Research and Development in
Agriculture and Fisheries (CERDAF) which shall carry out the mandate to enhance,
support and consolidate the NaRDSAF, as well as to ensure the effective linkage with
extension in the NESAF. Provided, that:
RULE 81.2.1. The term "enhance" shall denote the improved responsiveness
and usefulness of research and extension to the livelihood concerns of agricultural and
fisheries operators and entrepreneurs.
RULE 81.2.2. The term "support" shall denote the provision of increased and
more de nite budgetary support for agriculture and sheries research and extension,
both at the national and local levels; as well as the application of the provisions of the
Magna Carta for Science and Technology Personnel to the appropriate positions in the
NaRDSAF, and
RULE 81.2.3. The term "consolidate" means the uni cation in strategy,
approach and vision, of the agriculture and shery components of the ongoing National
Agriculture Research and Extension Agenda (NAREA) formulated by the Department
and the Science and Technology Agenda for National Development (STAND) formulated
by the DOST; as well as the uni cation of the overall management of, and responsibility
for, the research and extension system in agriculture and sheries under the
Department at the national level and under the LGUs at the local level.
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 scienti c 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.
RULE 82.1. The BAR shall draft, in coordination with representatives of SUCs,
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PCARRD and PCAMRD, the " Guidelines on Planning and Implementation of Agriculture
and Fishery Research". The draft shall be presented for adoption by the CERDAF on or
before December 30, 1998. The guidelines shall include strategies for increasing the
participation of the industry and target clientele and strategies for multi-disciplinary
activities.
RULE 82.2. Research institutions and centers shall enjoy autonomy and
academic freedom.
RULE 82.3. The CERDAF shall ensure that its component institutions
harmonize their merit and output-oriented promotion systems.
RULE 82.4. The BAR and ATI, in close consultation with the appropriate
agencies shall draft guidelines for the review, no later than December 30, 1998, by the
CERDAF of the following:
RULE 82.4.1. "Policies on the Autonomy and Academic Freedom of Research
and Development Institutions in Agriculture and Fishery," which should clarify issues
related to institutional, scal and administrative autonomy and exercise of academic
freedom of professional staff and research institutions. The policies should provide
guidelines on the use and reinvestment of R&D income into R&D activities.
RULE 82.4.2. "Harmonized Merit and Output-oriented Promotion System for
Technical and Scienti c Personnel Involved In Agriculture and Fishery Research and
Development and Extension," which should harmonize performance standards,
quali cations and salary scales and the collegial process of performance evaluation.
The system should set minimum quali cation standards and compensation and
incentive structure for Directors or Heads of Research Centers.
RULE 82.4.3. "Salary and Fringe Bene t System for Technical and Scienti c
Personnel Involved in Agriculture and Fishery Research Development and Extension,"
with the aim of providing a competitive edge in attracting and retaining in the RDE
system the brightest and the most productive technical and science personnel;
RULE 82.5. Appropriate technology shall be used to protect the environment,
reduce cost of production improve product quality and increase value-added for global
competitiveness. The CERDAF shall appoint a Task Force to draft CERDAF policy and
guidelines regarding the integration of sustainable agriculture in RDE. The guidelines
shall cover the generation, development and utilization of sustainable agriculture
technologies for the protection or rehabilitation of the environment. All RDE institutions
are mandated to incorporate in their programs and M&E systems the extent to which
their RDE programs have contributed to the country's objectives of sustainable
agricultural development.
SECTION 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 sheries 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
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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 scienti c community in
agriculture and sheries shall draw its nancial 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- nancing 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.
RULE 83.1. The Department, following guidelines approved by the CERDAF
and working with appropriate departments and committees of Congress, shall
introduce a system of multi-year grants, based on a continuing appropriations system,
from the national budget for the nancing of agricultural and sheries research,
development and extension. The Department shall also develop a system of funding,
including advances, co- nancing and grants sourced from funds under the
responsibility of the Department, to LGUs for the nancing of LGU agricultural and
sheries extension activities. These designs of the grant and funding systems shall be
proposed by the various research, development and extension agencies, reviewed by
the CERDAF then submitted by the Secretary to the DBM for nancing under the
President's proposed national appropriations bill on or before September 30, 1998.
Provided, that, the designs proposed shall include:
RULE 83.1.1. The structures, parameters and mechanisms for the allocation
and management of RDE resources by institution (government departments, institutes,
agencies, SUCs, public and private), commodity (major and minor in terms of GVA) and
level of governance (national and LGU);
RULE 83.1.2. The time limits and performance standards which determine
the continuation of support;
RULE 83.1.3. The provision of advanced, post-graduate training for selected,
deserving scholars in agriculture and sheries both in national as well as international
learning centers; and
RULE 83.1.4. The provision of incentives and awards for extraordinary
contributions to the advancement of knowledge and the innovation of technology for
the benefit of the population and the sector.
RULE 83.2.The nancing systems developed shall be funded from various
sources, including item 9 of Section 111, subject to the approval of the Secretary and
the CERDAF.
RULE 83.3. Avenues and mechanisms for co- nancing with the private sector
shall also be explored, and the fund-raising capacities of the Department and the
various institutions of the CERDAF are enhanced. The co- nancing agreements should
cover ownership of the R&D output. Aside from the co-financing, contract research shall
also be encouraged. A system of incentives (e.g., tax holidays) to attract private
investors to venture in co- nancing and contract research shall be developed. The
CERDAF shall appoint a Task Force to work with the DOF and the DTI Bureau of Patents
in proposing parameters, modes, guidelines, and mechanisms for this purpose.
Provided, that at all times the independence of the research process and inquiry, and
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the maintenance of the national interest, shall be preserved.
RULE 83.4. The DBM shall ensure that the total nominal peso value of
allocations for sheries and agriculture R&D from the national budget for scal year
2000, as contained in the President's proposed program of expenditures submitted to
Congress in 1999 shall not be less than one per cent of agricultural GVA (including
livestock and sheries) for the year 1998 as reported by the NSCB. Allocations for
subsequent years shall be similarly determined. Provided, that the total budget for
agriculture and sheries R&D shall be allocated such that at least twenty percent (20%)
shall be expended on basic research and not more than eighty percent (80%) shall be
expended on applied research. Provided, further, that biotechnology is considered as
basic research and as such the allocation of 4% of the total for R&D shall be sourced
from that portion allocated for basic research.
RULE 83.5. In consultation with the CERDAF, the Department and the
Development Budget Coordinating Committee (DBCC), the DOF shall identify revenue
raising measures which may be used for the nancing of expenditures in agriculture
and sheries research, development and extension. The DOF shall submit its proposals
to the Department on or before November 30, 1998, for implementation on or before
January 1, 1999.
RULE 83.6. The Secretary, upon the recommendation of the CERDAF, shall
constitute the Agriculture and Fisheries Science Fund (AFSF) Task Force to be chaired
and convened by the Department Undersecretary charged with research, development
and extension, with the BAR as Secretariat. The AFSFTF shall:
RULE 83.6.1. formulate and propose the design, nancing sources and
modes and operating guidelines for the AFSF.
RULE 83.6.2. present its proposals to the CERDAF for approval on or before
September 30, 1998, for operationalization on or before January 1, 1999. Upon
approval of the guidelines of the AFSF by the CERDAF, the AFSFTF shall cease to exist.
RULE 83.7. The Department, in consultation with the CERDAF, shall allocate
no less than 50% of the funds for R&D during the rst ve years from the effectivity of
RA 8435 for capacity building including institutional strengthening, reorganization, new
positions, graduate scholarship for technical and scienti c personnel and infrastructure
development. The Department and other CERDAF institutions will present their
"Capacity-Building Plans" to the CERDAF no later than December 30, 1998.
RULE 83.8. To guide the CERDAF in the allocation of research funds across
commodities or programs, the BAR shall commission a study to determine present
R&D capacity and the required investments for sustained technological development.
The analysis shall be initiated on or before July 31, 1998 and the results presented to
the CERDAF no later than December 30, 1998. SDHacT
RULE 95.1. The ATI, supported by the AFIs and FOS shall provide continuing
development communication support through the tri-media for the nationwide
extension system.
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RULE 95.2. The ITCAF shall collaborate with the DILG and other agencies as
appropriate on the formulation and execution of a program to link LGUs to the NIN and
to introduce IT for their agriculture and fishery-related activities.
TITLE 4
Rural Non-Farm Employment
CHAPTER 1
SECTION 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 e ciently in rural areas in order to improve their standard of living
and reduce their propensity to migrate to urban areas.
SECTION 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.
RULE 97.1. The Department, in collaboration with appropriate entities, shall
formulate, implement and evaluate a pilot Basic Needs Program (BNP).
RULE 97.2. The BNP shall serve as a key feature of the SAFDZ approach,
particularly related to the SAFDZ model farms under Section 7, and also be a guiding
principle of the AFMP.
CHAPTER 2
The Basic Needs Program
SECTION 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.
RULE 98.1. The BNP shall be a community-based program under the AFMP
and the SAFDZ approach, focused at meeting the basic needs of rural households. It
will assist rural workers, subsistence farmers and sherfolk to adjust to changing
economic and employment conditions as the agricultural and sheries modernization
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program proceeds.
RULE 98.2. The Department, particularly the National Nutrition Council (NNC),
FOS and the RFUs, in collaboration with the DSWD, shall formulate the BNP. If
necessary, the NNC shall convene and lead a multi-sectoral BNP Task Force. The design
shall be presented by the NNC to the Secretary and the COCAFM on or before
December 30, 1998, for implementation in 1999.
RULE 98.3. The design of the BNP shall incorporate the following:
RULE 98.3.1. The criteria for the selection of communities where the BNP will
be pilot-tested — including those areas that have been identi ed as priority under the
ongoing Social Reform Agenda (SRA).
RULE 98.3.2. The processes to be undertaken, including:
i. Needs assessment;
ii. Resource-identification;
iii. Community organizing;
iv. Programs/project management; and,
v. M&E.
RULE 98.3.3. The program components, including:
i. Education and training, formal and non-formal;
ii. Rural industrialization and industry dispersal;
iii. Financing;
iv. Health and nutrition including a rural health insurance system; and
v. Basic infrastructure, and
vi. Food security.
RULE 98.3.4. The M&E of the BNP shall use indicators of total human
development such as employment, education, nutritional and health status and income.
RULE 98.3.5. The program shall be documented and published for the
purpose of replication by LGUs.
SECTION 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 nancial
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
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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 nance
education, training, health and other welfare services for farmers and fisherfolk.
RULE 99.1. The BNP shall adhere to and employ participatory principles and
approaches in all stages of design and implementation.
RULE 99.2. Upon the recommendation of the NNC, the Secretary shall
appoint teams of specialists from government agencies and the private sectors shall
develop pilot programs in selected locales to establish the planning, implementation
and evaluation procedures.
CHAPTER 3
Rural Industrialization and Industry Dispersal Program
SECTION 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. SCEDAI
RULE 101.1.3. The highest priority accorded to the grant of incentives by the
BOI to businesses and investments with linkages to agriculture and sheries. The BOI
will formulate a program of investment incentives and registration for enterprises and
investments in the BNP areas and SAFDZs, to be operational on or before December 30,
1998.
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RULE 101.1.4. The expansion into the BNP areas and SAFDZs of the
agriculture, sheries and rural portfolios of the various micro nance, lending and loan
guarantee programs implemented by government agencies, subject to the principles
contained in Section 98.
RULE 101.1.5. Close and regular consultation with the affected enterprises
and industries by the DOLE and the Regional Wage Boards in the process of
formulating wage orders, and
RULE 101.1.6. The promotion of rural industrialization, particularly small and
medium scale enterprises (SMEs) in rural communities by the BOI, DTI, LGUs, the AMAS
and other agencies, as appropriate.
SECTION 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, sherfolk and landless workers during periods when they are
not engaged in agricultural activities.
RULE 102.1. The BOI, in coordination with the Department, shall formulate
and execute a program of incentives for agriculture and sheries entrepreneurs,
including cooperatives, NGOs and POs, who wish to diversify into agribusiness, off-
farm and non-farm ventures. The BOI shall submit the proposed program for approval
by the BOI and the Secretary on or before September 30, 1998.
SECTION 103. Financing. — Except for basic infrastructure and other goods
that bene t all citizens, the facilities of this program should be undertaken and nanced
by the private sector.
CHAPTER 4
Training of Workers
SECTION 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.
RULE 104.1. The TESDA shall expand the functions of the existing TESDA
regional and local committees to serve as the local Technical Skills Training Committee
in the BNP areas. The TESDA shall ensure, in addition to the existing members, the
membership of the PA, PV, the Administrator or President of the relevant SUC or School
of Arts and Trades, the relevant RD of the Department RFU and the ATI Training Center
Manager. The local TESDA unit shall serve as the Secretariat and shall coordinate the
preparation of the committee agenda, execute logistical support for meetings, and
follow up on the implementation of the decisions. These committees shall meet at
least once each quarter or more often upon the behest of the Chairperson. The local
committees shall be organized and their deliberations started on or before December
30, 1998. The TESDA shall consolidate the recommendations of the local committees
on a regular basis and present these for consideration and action by the Department or
other appropriate agencies.
SECTION 105. Role of the DENR. — The Department and the DENR shall
organize the training of workers in coastal resources management and sustainable
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fishing techniques.
RULE 105.1. The DENR and the BFAR, in coordination with the CHED, TESDA,
DECS, ATI and PFDA shall be responsible for the organization of training in coastal
resources management and sustainable shing for the BNP areas and SAFDZs. The
design and implementation of the training shall provide optimum opportunities for the
participation of NGOs, the SUCs and LGUs. These training programs shall be
operational on or before March 30, 1999.
SECTION 106. Role of the Technology and Livelihood Resource Center
(TLRC). — The TLRC shall undertake eld training in entrepreneurship and management
of workers involved in the basic needs program.
RULE 106.1. The TLRC shall organize courses in the BNP areas in
entrepreneurship and management for agriculture and sheries workers. These training
programs shall be operational on or before March 30, 1999.
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.
RULE 107.1. The ATI shall organize training programs specially directed at
women in the BNP areas. The designs of the courses shall be consulted with the
National Commission on the Role of Filipino Women (NCRFW). The training courses
shall be operational on or before December 30, 1998.
TITLE 5
Trade and Fiscal Incentives
SECTION 108. Taxation policies must not deter growth of value-adding
activities in the rural areas. IDASHa
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.
RULE 111.1. The current year of the date of effectivity of this Act is identi ed
as scal year 1998, during which the realignment of the Department's programs,
projects and activities for 1998 shall be applied for. The rst year of the
implementation of RA 8435 shall be de ned as scal year 1999, and the second to
sixth years of implementation of RA 8435 are identified as fiscal years 2000 to 2004.
RULE 111.2. On or before July 30, 1998, the Department shall submit to the
DBM and the President a proposed budget for 1999 which conforms to the
requirements of this Act. The Department shall identify all of its o ces, agencies,
functions, programs, projects and activities, whether regular or related to GATT
adjustments, including the corresponding appropriations, and classify these according
to the speci c items/categories provided in items (1) through (12) of Section 111, for
example: (1) irrigation, (6) research and (10) National Information Network. Where
items from the 1998 appropriation law cannot be readily classi ed into the RA 8435
categories, these will be listed in a separate row, for example, "general services" or
"administration". Similarly, the functions of Departments and o ces other than the
Department involved in the implementation of RA 8435 shall be classi ed according to
the categories provided in RA 8435, including attributions of their respective budgets.
RULE 111.3. For the current year of the effectivity of RA 8435, or 1998, the
Department, in coordination with the DBM, shall determine the total funding required for
the implementation of RA 8435, and compare this with the funding provided in the CY
1998 Appropriations Act, as adjusted and allotted.
RULE 111.4. For the rst year of implementation of RA 8435, or CY 1999, the
Department shall propose a budget incorporating the additional amount of Twenty
Billion Pesos (P20,000,000,000.00) as appropriated under RA 8435. The Department
shall propose for inclusion in the President's program of expenditures a total budget
representing the appropriation for agricultural and sheries modernization under RA
8435 added to the amount provided as regular appropriations under the 1998
Appropriations Act. In the event a nancing gap is found, then the Department shall
submit a request for additional nancing to the President in order to correct the
shortfall between the 1998 actual appropriation and the total required to ful ll the
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tasks and percentage allocations mandated under RA 8435.
RULE 111.5. For the rst year of implementation of RA 8435, or CY 1999, the
amounts actually and additionally appropriated for agricultural and sheries
modernization shall be allocated in the following proportions:
RULE 111.5.1. Thirty percent (30%) for irrigation, to the NIA, BSWM, FOS, PS,
BAR, concerned SUCs, LGUs, POs and NGOs and projects and programs authorized by
the Secretary for purposes supportive of the implementation of the irrigation program,
including activities such as:
i. Rehabilitation of national and communal irrigation systems
ii. Subsidy for the operation and management of NISs and CISs
iii. New CIS and NIS area generation
iv. Financing for the installation and rehabilitation of shallow tube wells and
low-lift pumps, Construction of small water impounding projects (SWIPs)
and small farm reservoirs (SFRs)
v. Construction of other irrigation systems
vi. Upstream services for irrigation: policy analysis, planning and M&E,
vii. R&D on irrigation, drainage and water resources management,
viii. Extension services and training for irrigation,
ix. Irrigation project development and appraisal, and aEcSIH
RULE 112.13. the President of the Food Terminal, Inc. (FTI) shall inform in
detail and in writing on a quarterly basis beginning October 1, 1998, the NAF Council
about the status of the privatization of the FTI.
RULE 112.14. the Directors of the BAI, BPI, and other o ces and units of the
Department shall inform in detail and in writing, on a quarterly basis beginning October
1, 1998, the NAF Council about the status of the privatization of assets of the
Department identi ed by the Secretary and recommended to the President for
privatization.
RULE 112.15. the Commissioner of Customs and the Secretary of Finance
shall inform in detail and in writing, on quarterly basis beginning October 1, 1998, the
NAF Council about the status of the Competitiveness Enhancement Fund (CEF) arising
from the proceeds from the Minimum Access Volume (MAV) in accordance with the
provisions of RA 8178.
RULE 112.16. the Secretary of Budget and Management shall inform in detail
and in writing, on a quarterly basis beginning October 1, 1998, the NAF Council about
the status of the Poverty Alleviation Fund.
RULE 112.17. the Secretary of Budget and Management and Secretary of
Agrarian Reform shall inform in detail and in writing, on a quarterly basis beginning
October 1, 1998, the NAF Council about the status of the Support Facilities and
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Services Fund under RA 6657.
SECTION 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, sherfolk 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 o cials concerned liable under R.A.
6713 otherwise known as the "Code of Conduct and Ethical Standard for Public
Officials and Employees" and other existing administrative and/or criminal laws.
RULE 113.1. The existing National Agriculture and Fisheries Council (NAF
Council) is hereby strengthened to assist the Department in the broad-based
monitoring and coordination of the agricultural and sheries modernization process.
The NAF Council shall serve the integrative and consultative structure for inter-agency
and inter-sectoral collaboration in the activities arising from R.A. 8435. The Secretary
shall serve as the Chairperson-Coordinator of the NAF Council, while the Department
Undersecretary charged with Operations shall serve as the Vice-Chairperson. The
members of the NAF Council shall include the Heads or the designated representatives
of rank lower than Undersecretary, of the following entities:
a) Commission on Higher Education,
b) Department of Agrarian Reform,
c) Department of Budget and Management,
d) Department of Education, Culture and Sports,
e) Department of Environment and Natural Resources,
f) Department of Finance,
g) Department of the Interior and Local Government,
h) Department of Labor and Employment,
i) Department of Public Works and Highways,
j) Department of Science and Technology,
k) Department of Social Services and Development,
l) Department of Trade and Industry,
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m) Department of Transportation and Communications,
n) National Economic and Development Authority,
o) Technical Education and Skills Development Authority,
p) Chairpersons of the national committees of the NAFC,
q) Representative of the Fisheries and Aquatic Resource Management
Council, and
r) representatives of key, duly organized and registered national associations
of farmers, farm women, fisherfolk and concerned POs and NGOs,
appointed by the Secretary for one year, with option for reappointment.
RULE 113.2. The Chairperson-Coordinator may call upon the cooperation of
other agencies as may be required.
RULE 113.3. The NAF Council shall meet at least once each semester, or
more often at the behest of the Secretary or Chairperson-Coordinator.
RULE 113.4. The NAF Council shall have the following functions:
RULE 113.4.1. Monitor and promote transparency for coordination, the
programs of the various government agencies toward agricultural and sheries
modernization in research, technology extension, production, stabilization, distribution,
marketing and processing of food, food and other crops, sheries, aquaculture and
animal products and the conservation and proper utilization of natural resources,
RULE 113.4.2. Serve as the consultative/feedback mechanism between and
among the Department, other government agencies, private entities, farmers' and
sherfolk's groups, POs and NGOs, for the collaborative establishment of the goals and
scope of the country's food, agriculture and fisheries policies, plans and programs.
RULE 113.4.3. Assist the Department obtain inputs and commitments of
Secretaries and Heads of National Agencies in unifying the delivery of services in
agriculture and fisheries,
RULE 113.4.4. Assist the Department in mobilizing, monitoring and evaluation
of the contributions of the different agencies toward the policies, plans and programs
for agriculture and fisheries modernization.
RULE 113.4.5. Promote consensus on and support for national agency and
LGU budgets to nance programs and projects for agricultural and sheries
modernization,
RULE 113.4.6. Assist the Department in the oversight and assessment of the
impact of the local and national integrated SAFDZ development plans and AFMPs, in
consultation with other agencies, concerned farmers, sherfolk and agri-business
organizations through conferences, workshops, exchange of documents and open,
regular meetings,
RULE 113.4.7. Appoint a Steering Committee from among its members and
create subcommittees at the national and local levels and for sectoral concerns as
necessary, and
RULE 113.4.8. Review and recommend for the approval of the Secretary
reports for submission to the COCAFM.
RULE 113.5. The Secretariat and staff of the NAF Council shall mobilize and
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strengthen its resources and structure in order to serve the requirements of the NAF
Council and the AFMP. The Executive Director shall head the Secretariat and have the
rank of Assistant Secretary. Four (4) services operating under the direction of the NAF
Council and the Executive Director shall comprise the secretariat as follows:
RULE 113.5.1. Agriculture and Fishery Support Staff to monitor the provision
of various support services to clientele through the network of government and non-
government agencies and entities. The service shall be composed of the Rural
Infrastructure Division, Financing and Marketing Division, and the Technology and
Extension Division.
RULE 113.5.2. Sectoral Coordination Staff providing Secretarial services for
the participatory process of decision-making and resource allocation for the various
sectors, integrating issues, concerns and positions. It shall be composed of the
Divisions for Crops; Poultry, Livestock and Feed Crops; and Fisheries and Aquaculture.
RULE 113.5.3. Institutional Development and Linkages Staff carrying out the
NAF Council's agenda to build and nurture linkages and partnerships with all entities
concerned with agriculture and sheries modernization. It will be composed of the
AFC/LGU Coordination Division and the Special Partners and Concerns Division.
RULE 113.5.4. Finance, Administration and General Services Staff shall
provide logistical services to the NAF Council and the Secretariat. It will be composed
of the Finance Division and the Administrative and General Services Division.
RULE 113.6. Two Deputy Executive Directors (DED) shall assist the Executive
Director of the Secretariat. One DED shall be responsible for the Agriculture and Fishery
Support Staff and the Sectoral Coordination Staff, and the other covering the
Institutional Development and Linkages Staff and the Finance, Administration and
General Services Staff. The O ce of the NAF Council Secretary shall operate under the
Chairperson-Coordinator and be responsible for NAF Council Meetings, Minutes and
follow-up on NAF Council decisions and directions. The NAFC Secretariat shall be
supported by units for Legal Concerns and Internal Audit.
SECTION 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 sheries, and its allied concerns in both public and private sectors, with a view to
providing all legislative support and assistance within the powers of Congress to
ensure their inclusion, wherever feasible, in the national, regional, provincial, municipal,
and sectoral development plans, to recommend the disposal of assets no longer
needed by the Department to fund the modernization program, and to see them
through their successful implementation. TcCDIS