R.a. 8435 pdf

Implementation by the LGUs. To effectively carry out the above functions and responsibilities, the agricultural engineering division of the provincial and city agriculture offices, and agricultural engineering section in the municipal agriculture offices are hereby strengthened and institutionalized into the organizational structure of the LGUs, and if not yet existing, shall be created in the particular LGUs.

The LGUs belonging to the first up to the third income classes which are providing or implementing agricultural and fisheries infrastructure, mechanization and engineering projects shall hire at least one 1 agricultural engineer at the provincial, city and municipal levels. Prohibited Acts. The purchase of noncertified or substandard agricultural and fishery machinery for the government shall be dealt with under Republic Act No. The Secretary or his duly authorized representative has the power to file before the proper court or regulatory agency the:.

Any business that sells new agricultural and fishery machinery which was not duly certified, without a serial number, without warranty, or without after-sales service shall be given one 1 month to refund or replace the sold machinery duly corrected for any deficiency as indicated.

Failure to do so shall result to corresponding legal action against the offending party. Contiguous Farming. The contiguous farming projects shall:. Use of Renewable Energy. The DA, in coordination with the Department of Energy DOE , the DOST and SUCs, and the private sector shall undertake research and extension activities to enhance the use of renewable and nonconventional energy in agricultural and fisheries operations.

Infrastructure Support. Implementing Rules and Regulations. All LGUs shall include in their investment plans, as part of the priority appropriations for local development fund, the funding support for the implementation of their respective provincial, city, municipal and barangay agricultural and fisheries mechanization programs in accordance with Republic Act No.

The CHED shall allocate funds from the Higher Education Development Fund necessary for the upgrading of agri-fisheries mechanization and engineering laboratory facilities of concerned SUCs, faculty training program and scholarships. The TESDA shall likewise allocate funds from its annual appropriations necessary for the skills certification and training program for agri-fishery machinery technicians and operators. Congressional Oversight Committee.

Separability Clause. Repealing Clause. Effectivity Clause. Speaker of the House of Representatives. This Act which is a consolidation of Senate Bill No.

The Secretary or his duly authorized representative has the power to file before the proper court or regulatory agency the: a Forfeiture proceedings for agricultural and fishery machinery that is not duly certified, without serial number and without warranty, and is substandard; b Closure proceedings against business entities not duly registered as manufacturers, assemblers, dealers or importers of agricultural and fishery machinery, or sells new agricultural and fishery machinery not duly certified, without a serial number, or without warranty, without after-sales service and substandard; and c Closure proceedings against testing centers that has not been duly accredited.

Output-Oriented Performance Standards. 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.

Evaluation System. Once every five 5 years thereafter, all designated NCEs in agriculture and fisheries shall be subject to a third party evaluation. The evaluation shall include, among others, management and educational experts of national stature and representatives of key sectors of the agriculture and fisheries industries, as well as representatives of the Department, the Department of Environment and Natural Resources, the Department of Science and Technology, and the National Economic and Development Authority.

Agriculture and Fisheries Board. Those who have not passed the Civil Service Examination for Fisheries and Agriculture but have served the industry in either private or public capacity for not less than five 5 years shall be automatically granted eligibility by the Board of Examiners.

The first board examination for B. Continuing Agriculture and Fisheries Education Program. Scholarship Program. Where appropriate, such scholarship program shall also provide opportunities for graduate work in foreign universities. Merit System. Budgetary Allocation Scheme. The State shall likewise give priority to research and development, invention, innovation, and their utilization and to science and technology education, training, and services.

Research institutions and centers shall enjoy autonomy and academic freedom. The Department, in collaboration with the Department of Science and Technology and other appropriate agencies, shall harmonize its merit and output-oriented promotion system governing the scientific community in order to promote increased research excellence and productivity and provide the government research system a competitive edge in retaining its scientific personnel.

Appropriate technology shall be used to protect the environment, reduce cost of production, improve product quality and increase value-added for global competitiveness. Funds for Research and Development. The Department of Finance DOF in consultation with the Department shall formulate revenue enhancement measures to fund this facility.

The Department and other research agencies, in the national interest, are encouraged to go into co-financing agreements with the private sector in the conduct of research and development provided that the terms and conditions of the agreement are beneficial to the country. Excellence and Accountability in Research and Development.

All government agencies including the State colleges and universities and private educational institutions selected as NCEs shall be computerized, networked, provided with regular updated information, and shall likewise provide, through the NIN, results of research and development activities and current available technology relating agriculture and fisheries. The State shall give priority to the utilization of research results through formal and non-formal education, extension, and training services.

It shall support the development of a national extension system that will help accelerate the transformation of Philippine agriculture and fisheries from a resource-based to a technology-based industry. Extension Services. Special Concerns in the Delivery of Extension Services. There shall be a national merit and promotion system governing all extension personnel, regardless of source of funding, to promote professionalism and achieve excellence and productivity in the provision of the government extension services.

The National Extension System for Agriculture and Fisheries shall be composed of three 3 subsystems:. The Role of Local Government Units.

The provincial governments shall integrate the operations for the agriculture extension services and shall undertake an annual evaluation evaluation of all municipal extension programs.

The extension program of State colleges and universities shall primarily focus on the improvement of the capability of the LGU extension service by providing. Role of the Private Sector in Extension.

The Department is hereby authorized to commission and provide funding for such training and extension services undertaken by the private sector. The Role of Government Agencies. Funding for Extension Activities. Excellence and Accountability in Extension. Economic history, however, shows that as an economy modernizes the number of workers employed in its agricultural sector declines. It is therefore necessary to formulate policies and implement programs that will employ workers efficiently in rural areas in order to improve their standard of living, and reduce their propensity to migrate to urban areas.

The normal rules of banking shall apply to all enterprises involved, provided that existing credit arrangements with ARBs shall not be affected. 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.

Participation of Government Agencies. The local government units shall bear the costs of promoting and monitoring the basic needs program for which their IRA shall be increased accordingly as recommended by the Secretary of the Department: Provided , That the appropriate national government agencies shall continue to provide the necessary technical as well as financial assistance to the LGUs in the replication of the program.

The Cooperatives Development Authority shall encourage the establishment and growth of associations and cooperatives as vehicles for the stable expansion of basic needs enterprises. The Department of Education, Culture and Sports, Department of Health, and the Technical Education and Skills Development Authority shall coordinate with the Department and Congress in the review, rationalization and reallocation of their regular budgets as well as their budgets under the GATT-related measures fund to finance education, training, health and other welfare services for farmers and fisherfolks.

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. Local government units are authorized to undertake investment and marketing missions provided that the costs of such missions are borne by the LGUs concerned.

In making their land use plans, the LGUs, in consultation with the appropriate government agencies concerned, shall identify areas for industrial parks. The Department shall coordinate with the Department of Trade and Industry, in particular, the Board of Investments, in the formulation of investment priorities for rural areas. The Regional Wage Boards shall consult participating enterprises in this program before they issue wage orders.

Participating Enterprises. A set of incentives shall be given to enterprises that subcontract part of their production to farmers, fisherfolks and landless workers during periods when they are not engaged in agricultural activities. 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. Role of the DENR. Special Training Projects for Women. Taxation policies must not deter the growth of value-adding activities in the rural areas.

The Department, in consultation with the Department of Finance and the Board of Investments, shall, within ninety 90 days from the effectivity of this Act, formulate the implementing rules and regulations governing the importation of agriculture and fishery inputs, equipment and machinery.

In cases where the violator is a juridical entity, the officers responsible in the violation of Section shall suffer the penalty of imprisonment prescribed in this section. Initial Appropriation. The Department is hereby authorized to re-align its appropriations in the current year of the date of effectivity of this Act to conform with the requirements of this Act: Provided , That the amount shall be allocated and disbursed as follows:. Continuing Appropriation. Implementing Rules and Regulations.

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.

The other members shall receive no compensation; however, traveling and other necessary expenses shall be allowed. The Committee shall oversee and monitor the implementation of the Congressional Commission on Agricultural Modernization AGRICOM recommendations as well as all programs, projects and activities related to agriculture and fisheries, and its allied concerns in both public and private sectors, with a view to providing all legislative support and assistance within the powers of Congress to ensure their inclusion, wherever feasible, in the national, regional, provincial, municipal, and sectoral development plans, to recommend the disposal of assets no longer needed by the Department to fund the modernization program, and to see them through their successful implementation.

Powers and Functions of the Committee. Periodic Reports. Automatic Review. Repealing Clause. Rationalization of Credit Guarantee Schemes and Funds. The Agriculture and Fisheries Credit Guarantee Fund shall be managed and implemented by the Quendancor Provided, That representation to the Quendancor Board shall be granted to cooperatives, local government units and rural financial institutions; Provided, further, That credit guarantee shall be given only to small-scale agriculture and fisheries activities and to countryside micro-small, and medium enterprises.

It may also cover loan guarantees for purchase orders and sales contracts. Chapter 4 Irrigation Section The state shall prevent the further destruction of watersheds, rehabilitate existing irrigation systems and promote the development of irrigation systems that are effective, affordable, appropriate, and efficient.

In the choice of location-specific irrigation projects, the economic principle of comparative advantage shall always be adhered to. Research and Development. The Department shall coordinate with the Department of Environment and Natural Resources concerning the preservation and rehabilitation of watersheds to support the irrigation systems.

Criteria for Selection of Irrigation Development Scheme. Technical feasibility;. Cost-effectiveness; c. Affordability, low investment cost per unit area; d. Sustainability and simplicity of operation; e. Recovery of operation and maintenance cost; f. Efficiency in water use; g. Length of gestation period; and h. Potential for increasing unit area productivity. All irrigation projects shall, in addition to the criteria enumerated above, be subjected to a social cost-benefit analysis.

Simplified Public Bidding. Irrigation projects undertaken by farmers, farmer's organizations and other private entities whose funding is partly or wholly acquired by way of loan from government financial institutions shall not be subject to the bidding requirements of the government.

It shall continue to maintain and operate the major irrigation structures including the head works and main canals. In addition, the NIA is mandated to gradually turn over operation and maintenance of the National Irrigation System's secondary canals and on-farm facilities to Irrigators' Associations Section 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.

Minor Irrigation Schemes. Other Irrigation Construction Schemes. Guarantee of the National Government. Such amounts needed to answer for the payment guarantee is hereby to be appropriated. The Department shall review all existing irrigation systems every four 4 years, to determine their viability or ineffectiveness.

The Department shall employ the services of independent evaluators to assess the overall impact of the country's irrigation development. Exemption from Election Ban. They shall likewise be given innovative support toward the generation of maximum income through assistance in marketing.

The Marketing Assistance System. National Information Network. The NIN shall likewise link the various research institutions for easy access to data on agriculture and fisheries research and technology.

All departments, agencies, bureaus, research institutions, and local government units shall consolidate and continuously update all relevant information and data on a periodic basis and make such data available on the Internet. Information and Marketing Service. Supply data;. Demand data c.

Price and Price trends; d. Product standards for both fresh and processed agricultural and fisheries projects; e. Directory of, but not limited to cooperatives, traders, key market centers, processors and business institutions concerned with agriculture and fisheries at the provincial and municipal levels; f.

Research information and technology generated from research institutions involved in agriculture and fisheries; g. International, regional and local market forecasts; and h. Resource accounting data. Initial Set-up. Role of Government Agencies. The Department of Transportation and Communications shall provide technical and infrastructure assistance to the Department in setting up the NIN. LGUs shall coordinate with the Department for technical assistance in order to accelerate the establishment and training of information end-users in their respective jurisdictions.

The Cooperative Development Authority shall coordinate with the Department for technical assistance in order to provide training assistance to cooperatives in the use of market information and technology.

Role of Private Sector. The Department shall formulate guidelines and determine fees for private sector entities that use the NIN. Chapter 6 Other Infrastructure Section Agriculture and Fisheries Infrastructure Support Services. Criteria for Prioritization. Agro-industrial potential of the area; b. Socio-economic contributions of the investments in the area; c.

Absence of public investments in the area; and d. Presence of agrarian reform beneficiaries and other small farmers and fisher folk in the area.

Public Infrastructure Facilities. Private Infrastructure Facilities. Private investors include cooperatives or corporations of agriculture and fisheries producers and processors. Public Works Act. Fishports, Seaports and Airports. 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.

Farm-to-Market Roads. Rural Energy. Communications Infrastructure. Water Supply System. Research and Technology Infrastructure. Post-Harvest Facilities. Public Market and Abattoirs. The Department shall coordinate with the LGUs in the establishment of standardized market systems and use of sanitary market , facilities , and abattoirs, intended to ensure the food safety and quality.

All markets shall have a sanitation unit, proper and adequate drainage and sewerage system, ample water supply, public toilets with lavatories, garbage receptacles, ice plants and cold storage, adequate lighting and ventilation and supply of electricity to ensure cleanliness and sanitation. Price monitoring bulletin boards for selected commodities and weighing scales accessible to the public shall also be established.

Proper protection and preservation of agriculture and fisheries products being sold in the market shall also be observed. All foods which require no further cooking shall be wrapped , covered , or enclosed in containers to preserve the freshness and prevent contamination.

Selling of products on market floors shall be prohibited. Agricultural Machinery. Bureau of Agriculture and Fisheries Product Standards. Powers and Functions. Formulate and enforce standards of quality in the processing, preservation, packaging, labeling, importation, exportation, distribution, and advertising of agricultural and fisheries products; b. Conduct research on product standardization, alignment of the local standards with the international standards; and c.

Conduct regular inspection of processing plants, storage facilities, abattoirs, as well as public and private markets in order to ensure freshness, safety and quality of products.

Pool of Experts and Advisers. The State shall promote industrialization and full employment, based on sound agriculture and fisheries development and agrarian reform, through industries that make full and efficient use of human and natural resources. 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.

To modernize and rationalize agriculture and fisheries education from the elementary to the tertiary levels; c. To unify, coordinate and improve the system of implementation of academic programs that are geared toward achieving agriculture and fisheries development in the country; and d. To upgrade the quality , ensure sustainability and promote the global competitiveness, at all levels, of agriculture and fisheries education.

Education Program for Elementary and Secondary Levels. The program shall be formulated, organized and implemented by the DECS with the following objectives: a. Post-Secondary Education Program. The program shall include, among others, the following: a. For this purpose, the CHED shall formulate and implement a system of accreditation Provided, That not more than one provincial institute in every province and no more than one national university in each field in every region shall be accredited as such and Provided, further, That the system shall be based on the following criteria: a.

Rationalization Plan. The Rationalization Plan shall include a policy for the effective utilization of affected personnel and facilities, and shall not be construed as to result in the decrease of the budget allocation for the state universities and colleges concerned. Counterpart Funding from LGUs. In consultation with the LGUs, the CHED shall develop a provincial-national partnership scheme for a reasonable sharing of financial support taking into account social equity factors for poor provinces.

Output-Oriented Performance Standards. 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.

Evaluation System. Once every five 5 years thereafter, all designated NCEs in agriculture and fisheries shall be subject to a third party evaluation. The evaluation shall include, among others, management and educational experts of national stature and representatives of key sectors of the agriculture and fisheries industries, as well as representatives of the Department, the Department of Environment and Natural Resources, the Department of Science and Technology, and the National Economic and Development Authority.

Agriculture and Fisheries Board. Those who have not passed the Civil Service Examination for Fisheries and Agriculture but have served the industry in either private or public capacity for not less than five 5 years shall be automatically granted eligibility by the Board of Examiners.

The first board of examination for B. Continuing Agriculture and Fisheries Education Program. Scholarship Program. Where appropriate, such scholarship program shall also provide opportunities for graduate work in foreign universities. Merit System. Budgetary Allocation Scheme.

The current appropriation or budgets of state universities and colleges, that are herein designate as NCEs, shall continue and shall be modified and adjusted in succeeding years in order to meet the standards of the rationalized programs of the institutions as approved by Congress and shall be included in the annual General Appropriations Act; b. NCEs that are created under this Act shall likewise be provided with budgetary support based on their programs and a new staffing pattern as approved by DBM and shall be included in the annual General Appropriations Act.

The State shall likewise give priority to research and development, invention, innovation, and their utilization and to science and technology education, training, and services. In addition to appropriate and relevant technology, the state shall support indigenous and self-reliant scientific and technological capabilities, and their application to the country's productive system and national life. The Department, in coordination with the Department of Science and Technology and other appropriate agencies and research institutions shall enhance, support and consolidate the existing National Research and Development System in Agriculture and Fisheries within six 6 months from the approval of this Act.

Provided, That fisheries research and development shall be pursued separately, from but in close coordination with that of agriculture. Research institutions and centers shall enjoy autonomy and academic freedom. The Department, in collaboration with the Department of Science and Technology and other appropriate agencies, shall harmonize its merit and output-oriented promotion system governing the scientific community in order to promote increased research excellence and productivity and provide the government research system a competitive edge in retaining its scientific personnel.

Appropriate technology shall be used to protect the environment, reduce cost of production , improve product quality and increase value added for global competitiveness.

Funds for Research and Development. Allocation of multi-year budgets which shall be treated as research and development grants.

The Department of Finance DOF in consultation with the Department shall formulate revenue enhancement measures to fund this facility.