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THIRTEENTH CONGRESS OF THE REPU I

OF THE PHILIPPINES
First Regular Session
"04 JUN 30 7

/
SENAT

S. No.
. L U

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Introduced by Senator S. R. OsmeAa 111

EXPLANATORY NOTE

By virtue of Republic Act No. 7160, otherwise known as the Local

Government Code of the Philippines, the employees of the Department of
Agriculture assigned in municipalities, cities and provinces were devolved to the
respective local government units. The process has not been without problems
that served as a drag on the implementation of agricultural policies and
programs. Among these problems brought to the fore by agriculture workers are
(I)for lack of coordination between the priorities of the Department of Agriculture
and the local government units; (2) insufficient support from local government
units in terms of salaries and incentives; (3) nonstandard treatment of salaries
due to the fact that positions are optional; and (4) low morale among agricultural
workers.

This bill seeks to address this situation by mandating the non-optional

creation of the Municipal Agriculturist's Office; the standardization of salaries and
benefits; and providing for consultations with agriculturist's unions or
organizations in the formulation of personnel policies affecting workers in the DA
and the local government units. The bill also seeks to professionalize the practice
of agriculture through the creation of an Agricultural Board of Examiners in the
Professional Regulatory Commission.

There is no need to belabor the importance of agriculture in the economy.

If the country is to modernize its agricultural sector, it needs a highly motivated
work force with cutting edge skills in science and technology to popularize
methods that would upgrade farm and farmer productivity all over the country.
Hence, restoring and upgrading the morale of our agricultural extension workers
merits top priority in the government's policy objective.

In view of the foregoing, the immediate approval of this bill is earnestly

requested.

-
h, ' .
SERGIO OSMENA 111
Senator
 THIRTEENTH CONGRESS F THE REPUBLI
OF THE PHILIPPINE
First Regular Session
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Introduced by Senator S. R. OsmeAa I l l

* . .
AN ACT
PROVIDING FOR A MAGNA CARTA OF AGRICULTURAL OFFICERS AND
EMPLOYEES

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

1 SECTION 1. Title. - This act shall be known as the “Magna Carta of

2 Agricultural Officers and Employees”

3 SEC. 2 . Definition of Terms. - As used in this Act, the following terms

4 shall be construed to mean as follows:

5 a) Agricultural Employee - is a person who is a graduate of agriculture of

6 any recognized college or university or any related course in agriculture and a

7 holder of an appropriate civil service eligibility and is employed at the Department

8 of Agriculture or devolved to the local government units whose functions and

9 duties are related to agriculture and must be a citizen of the Philippines with good

10 moral character

11 b) Agricultural Extension Work - refers to the profession which helps

12 farmers in the promotion of agricultural development plans, programs and

13 projects in agriculture through the use of extension methodologies, concepts and

14 principles.

15 e) Agricultural Officer - is a person who is a graduate of agriculture or

16 any related course from a rec.ognized college or university and .a holder of’a first.

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 1 grade civil service eligibility or its equivalent, currently holding a supervisory

2 position at the Department of Agriculture or devolved to the local government

3 units for at least three [3] years for a Municipal Agricultural Officer or City

4 Agriculturist and at least three [3] years for a city agricultural officer or city

5 agriculturist and must be a citizen of the Philippines with good moral character.

6 d) Agricultural Practitioner - is a citizen of the Philippines with good moral

7 character who is an agriculture employee in a government or non-government

8 agency as well as in the private institution whose actual duties and functions are

9 related to agriculture.

10 e) CSC - refers to the Civil Service Commission

11 9 DA - refers to the Department of Agriculture

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g) DOLE - refers to the Department of Labor and Employment
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13 h) LGU - refers to the Local Government units

14 i) NLRC - refers to the National Labor Relations Commission

15 j) PRC - refers to the Philippine Regulatory Commission

16 SEC. 3. Declaration of Policy. - The State shall promote the agricultural

17 sector being the backbone of the country and likewise improve the economic and

18 social well-being of the agricultural officers, employees and practitioners, their

19 standard of living as well as elevate their working conditions and employment

20 status. The State shall likewise develop the agricultural officers and employees

21 skills, knowledge, orientations and capabilities in order that they will be more

22 responsive to the needs of the farmers as well as better equipped them to deliver

23 basic services and programs to their clientele. Lastly, the State shall encourage

24 those with proper qualifications and excellent abilities to remain in agricultural

25 extension work either in government or non-government service.

26 SEC. 4. Coverage. - This Act shall cover all eligible Agricultural Officers

27 and Employees of the devolved and non-devolved offices of the Department of

28 Agriculture as well as all the Agricultural practitioners in the government and non-

29 government service.

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.. . .
 1 SEC. 5. Qualifications of Agricultural Officers and Employees.

2 a) No person shall be appointed Agricultural Officers unless he is a

3 citizen of the Philippines, a resident of the Local Government Unit concerned, of

4 good moral character, a holder of a college degree in agriculture or any related

5 course from a recognized college or university, and a first grade civil service

6 eligible or its equivalent. He must have practiced his profession in agriculture or

7 acquired experience in related field for at least five [5] years in the case of the

8 provincial and city agricultural officers and at least three [3] years in the case of

9 the Municipal Agricultural Officers.

10 The position of the Municipal and City Agriculturist shall b e mandatory in

I1 the municipal and city government. Priority shall be given to the devolved

12 Municipal Agricultural Officers being the incumbent to be appointed as Municipal

13 Agriculturist, a position mandated in RA 7160.

14 b) Duties and functions of the Municipal Agricultural

15 Officers/AgricuIturiSts. * . .

16 The Agricultural Officers shall take charge of the office for

17 agricultural services, and shall :

18 1. Formulate measures for the approval of the sanggunian and

19 provide technical assistance and support to the municipal, city and

20 provincial governor as the case may be, in carrying out said measures to

21 ensure the delivery of basic services and provision of adequate facilities

22 relative to agricultural services as provided for under Section 17 of the

23 Local Government Code of 1991;

24 2. Develop plans and strategies and upon approval thereof by the

25 municipal and city major or governor as the case maybe, implement the

26 same, particularly those which have to do with agricultural programs and

27 projects which the municipal, city mayor or governor is empowered to

28 implement and which the sanggunian is empowered to provide for under

29 this Code;

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1 3. In addition to the foregoing duties and functions, the

2 agriculturists shall:

3 a) Ensure that maximum assistance and access to resources in

4 the production, processing and marketing of agricultural and aqua-cultural

5 and marine products are extended to farmers, fishermen and local

6 ent rep reneurs;

7 b) Conduct or cause to be conducted location-specific agricultural

8 researches and assist in making available the appropriate technology

9 arising out of and disseminating information on basic research on crops,

10 preventive and control of plant diseases and pests, and other agricultural

11 matters which will maximize productivity;

12 c) Assist the municipal, city mayor or governor, as the case may

13 be, in the establishment and extension services of demonstration farms or

14 aqua-culture and marine products;

15 d) Enforce rules and regulations relating to agriculture and aqua-

16 culture; and

17 e) Coordinate with government agencies and non-government

.( . .
18 organizations that promote agricultural productivity through appropriate

19 technology compatible with environmental integrity.

20 4. Be in the front-line of delivery of basic agricultural services,

21 particularly those needed for the survival of the inhabitants during and in

22 the aftermath of man-made and natural disasters;

23 5. Recommend to the sanggunian and advise the municipal, city or

24 the governor, as the case may be, on all other matters related to

25 agriculture and aquaculture which will improve the livelihood and living

26 conditions of the inhabitants; and

27 6. Performs extension, regulatory and research services.

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27 SEC. 7. Organization / Composifion. - The Municipal Agricultural Office

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 1 Agriculturist. A supervising Agricultural Technologist shall serve as the

coordinator of all the Agricultural Technologists assigned in the Municipality

3 The City AgricuIturists/AgricuIturaI Office shall be headed by a City

. .
4 Agriculturist and/or City Agricultural Officer. An Assistant City Agriculturist and/or

Supervising City Agriculturist shall serve as the Coordinator of all the City

Agricultural Technologists assigned in the City

However, the composition of the Agricultural Officers and Employees

8 Consultative Council shall be determined from the lists submitted by the Regional

9 Association of Municipal Agricultural Officers/City and Municipal Agriculturists as

10 well as the lists submitted by the Philippine Association of the Municipal and City

11 Agriculturists. Another composition of the council shall be also taken from the

12 lists submitted by the municipal, city, provincial, regional and national agriculture

13 and fishery council chairman throughout the country.

14 S EC. 8. Transfer or Geographical Reassignmenf of Agriculfural Officers

15 and Employees. - No transfer or geographical reassignment shall be made or

16 effected without a written notice to the agricultural officers and employees

17 concerned stating therein the reasons for such. Provided, That said written

18 notice shall be made thirty [30] days prior to the date of transfer or reassignment:

19 Provided, further, That if the employee concerned disagrees with the order of

20 transfer or reassignment helshe may appeal said order the Civil Service

21 Commission or the Department of Labor and Employment, as the case may be.

22 Provided, further, That no transfer and/or reassignment whatsoever shall be

23 made three (3) months prior .to any local or national election. .Provided, finally,.

24 That the necessary expenses of the transfer and/or reassignment of the

25 agricultural officers and/or employees and his/her immediate family shall be paid

26 for by the government.

27 SEC. 9. Security of Tenure. - Agricultural officer and employee holding

28 a permanent position shall not be terminated except for a cause; provided, in the

29 event the Agricultural Officer or Employee is found to be unjustly dismissed by

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 1 the Civil Service Commission or National labor Relations Commission as the

2 case may be, he/she shall be entitled to reinstatement without loss of seniority
rights and backwages with twenty [20%] per centum interest to be computed

from time hislher compensation is withheld from him/her to the time of

reinstatement.

However, if the agricultural officer or employee does not desire to be

* . I

7 reinstated, helshe shall be entitled to backwages and separation pay with twenty

8 [20%] per centum interests.

9 SEC. 10. Discrimination Prohibited. - An agricultural officer and

10 employee shall not b e discriminated by reason of creed, s e x , political beliefs, civil

I1 status, and ethnic groupings in the exercise of hidher profession.

12 SEC. 7 . No Understaffing and/or Overloading of Agricultural Officers

13 and Employees. - There shall be no understaffing and/or overloading of

14 agricultural officers and employees. The ratio of staff to clientele shall be such

15 as to reasonable effect a sustained quality agricultural service at all times without

16 overworking the agricultural officers and employee and overextending hidher

17 services. Only professional and eligible agricultural officers and employees shall

18 occupy the agricultural positions in all agricultural agencies and institutions of the

19 government agencies and/or government-owned and controlled corporations.

20 SEC. 12. Safeguards in Adminisfrafive Proceedings. - In every

21 administrative proceeding, an Agricultural Officer and employee shall have:

22 a) the right to be informed of the charges;

23 b) the right to full access on evidences against him/her

24 c) the right to defend himself/herself or by a counsel of hidher choice;

25 d) the right to be given adequate time to prepare hidher case, which shall

26 in no case exceed twenty (20) days; '. * .

27 e) the right to appeal to designate authorities;

28 f) the right to cross-examine witnesses and to processes for production

29 of witnesses;

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 1 g) the right to reimbursement for reasonable expenses incurred in hidher

2 defense in case of exoneration or dismissal of the charges;

3 h) such other rights provided by the other national agencies and local

4 government units to its respective officers and employees so as to ensure

5 fairness and impartiality in the proceedings.

6 SEC. 13. Code of Conduct. - All agricultural officer and employee must
7 be guided by its code of ethics not contrary to law, moral, safety, health, public

8 policy and public order.

9 SEC. 14. Normal Hoyrs of Work. - The normal hours of work o.f any.

10 agricultural officer and employee shall not exceed eight (8) hours a day or forty

11 (40) hours a week.

12 Hours of work shall include: (1) the time the agricultural office and

13 employee is required to be in active duty or to be at a prescribed workplace; (b)

14 the time which an agricultural officer and employee is permitted to work; (e) the

15 time which an agricultural officer and employee is required to work in a place

16 other than prescribed workplace.

17 SEC. 15. Overlime Work. - Where the exigencies of the service so

18 require, any agricultural officer and employee, whether in the government or non-

19 government service, may be required to render service beyond the normal eight

20 (8) hours a day, inclusive of Saturdays, Sundays and non-working holidays. In

21 such case, the agricultural officer and employee shall be paid an additional

22 compensation in accordance with existing laws on the matter.

23 SEC. 16. On-Call Pay. - In case of “On-Call” status, the agricultural

24 officer and employee shall be entitled to an “On-Call” pay equivalent to fifty

25 percent (50%) of hidher regular wage. “On-Call status refers to a condition when

26 an agricultural officer and employee are called upon to respond to urgent or

27 immediate need or relief work during emergencies such that the agricultural

28 officer or employee cannot utilize hislher time for personal needs: Provided, That
’. * .

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 1 no agricultural officer and employee shall be placed in “On-Call” status beyond

2 seven (7) days.

3 SEC. 17. Married Agricultural Officer and Employee. - Whenever

4 possible, the proper authorities shall take steps to enable married couple or

5 couples, both of whom are public workers to be employed or assigned in the

6 same municipality.

7 SEC. 18. Basic Compensation. - After the effectivity of this Act, the
8 salaries of an agricultural officer and employee shall be:

9 (a) For the Municipality/City Agriculturist or Agricultural Officer - Their

10 salaries shall be equated to t h e salaries of the Department H e a d s of t h e Local

11 Government Units where they are devolved or assigned but not lower than

12 Salary Grade 24; * . .

13 (b) For Agricultural Technologies (ATs) devolved to the Local Government

14 Units shall be upgraded to Salary Grade 18;

15 (c) For Agricultural Development Specialists (ADS) - Their salary grades

16 shall be upgraded to Salary Grade 20;

17 Based on the principle on equality of salary scale, the salaries of devolved

18 Agricultural officials and employees whose salaries are appropriated by LGUs

19 shall not be less than those provided for Agricultural Officers and Employees of

20 the National Government. The amount necessary to pay the difference between

21 the salary rates received by the national paid and local paid Agricultural Officers

22 and Employees of equivalent position shall be subsidized by the national

23 government.

24 SEC. 19. Representation Allowance and Travelling Allowance. - All

25 Municipal/City/Provincial Agricultural Officers shall be entitled to Representation

26 Allowance and Travelling Allowance (RATA) equivalent to the Department Heads

27 of the LGUs where they are devolved / assigned.

28 SEC. 20. Hazard Allowance. - Any agricultural officer or employee

29 assigned in difficult areas, strife-torn or embattled areas, distressed or isolated

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 1 stations, animal / plant / fishery breeding stations, plant nurseries, plantations

2 and demonstration farms, laboratories specifically those handling x-rays,

3 radioisotopes, chemicals, sea-borne patrols and other areas declared under a

4 state of calamity or emergency which exposes them to great danger, volcanic

5 activity/eruption, occupational risks of perils of life shall be compensated with

6 hazard allowance equivalent to at least twenty per centum (20%) or the monthly

7 basic salary.

8 SEC. 21. Subsistence Allowance. - Any Agricultural officer and

9 employee who are required to render services in the communities, institutions,

10 animal and plant breeding stations, fish sanctuariedfishery nurseries, plant

11 nurseries, plantations and demonstration farms and other banner programs and

12 projects of the Department of Agriculture in order to make their services available

13 at all times, should be entitled to full subsistence allowance of three (3) meals

14 which shall be computed in accordance with prevailing circumstances.

15 SEC. 22. Longevity Pay. - A Longevity pay equivalent to five percent'

16 (5%) of the monthly basic pay shall be paid to an agricultural officer and

17 employee for every three (3) years of continuous, efficient and meritorious

18 services rendered.

19 SEC. 23. Clothing Allowance. - All agricultural officers and employees

20 shall be entitled for a clothing allowance in accordance with the approved laws

21 and regulations or as mandated by law.

22 SEC. 24. Housing. -All agricultural officer and employee who are in tour

23 of duty and those who, because of unavoidable circumstances to stay in the

24 institution or community, etc. living quarters or such quarters are not available,

25 he/she shall be entitled to free living quarters: Provided, That if such living

26 quarters are not available, the agricultural officer and employee shall receive

27 housing allowance: Provided, further, That the rate of which shall be received

28 periodically in view of an increase.

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 SEC. 25. Compensation for Injuries. - Agricultural Officer and Employee
shall be protected against work-related injuries in accordance with the Labor

Code of the Civil Code Law as the case may be.

SEC. 26. Right to Join Organization. - Agricultural Officer and Employee

shall have the right to freely join organizations or union for purposes not contrary

to law, in order to defend and protect their mutual interest and to obtain redress

of grievances through peaceful concerted activities: Provided, That under no

circumstances shall government agricultural officer and employee be allowed to

9 join, declare, stage, form any strike or cessation of services.

10 SEC. 27. Freedom from lnterference or Coercion. - It shall b e unlawful

I1 for any person to commit any of the following act interference or coercion:

12 a) to require as condition of employment that the agricultural officer and

13 employee shall not join an agricultural organization or union;

14 b) to discrjrninate in order to encourage or discourage membership in any

15 agricultural officer and employee organization or union;

16 c) to prevent an agricultural officer and employee from carrying out his

17 duties and functions in the agricultural work organization or union or to penalize

18 the agricultural officer and employee for any lawful action performed in that'

19 capacity;

20 d) to make calculated harassment and interference with the intention of

21 intimidating or preventing the agricultural worker from performing hidher duties

22 and functions; and

23 e) to perform acts calculated to diminish the independence and freedom

24 of the union or organization to direct its own affairs.

25 SEC. 28. Consultation. - The Department of Agriculture shall consult

26 professional and agricultural work organizations or unions in formulating policies

27 to govern the agricultural security of the agricultural officers and employees.

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 1 SEC. 29. Human Resource Development.. - The gove.rnment and. non- .
2 government agencies shall conduct human resource development and

3 management study in the following areas:

4 a) Adequate facilities and resources to render qualify agricultural service

5 to the clientele;

6 b) Opportunity for the agricultural officer and employee to grow and

7 develop their potentials and experience a sense of worth and dignity in their

8 work;

9 c) Mechanisms for democratic consultations;

10 d) Ways and means of enabling rank and file agricultural officer and

11 employee viable educational opportunities for personal growth and development;

12 and

13 e) Staffing patterns and standards of agricultural officer and employee

14 welfare to ensure the people receive quality care.

15 SEC. 30. Professionalization of Agriculture Graduate. - There is hereby

16 created and Agriculture Board of Examiners in the Professional Regulation

17 Commission to Upgrade the Aquaculture profession.

18 Those who have passed the Civil Service Examination for Agriculture and

19 have served the industry in either private or public capacity for not less than five

20 (5) years shall automatically be granted eligibility by the Board of Examiners.

. . .
21 The first board of examination for Bachelor of Science in Agriculture

22 graduates shall be conducted within one (I)

year from the approval of this Act.

23 SEC. 31. Rules and Regulations. - The Management and Agricultural

24 Officers and Employees Organization or Union Consultative Council shall

25 formulate and prepare necessary rules and regulations in implementing the

26 provisions of the Magna Carta, in coordination to the DOLE, CSC, NLRC, LGUs

27 and the DA.

28 SEC. 32. Penal Provisions. - Any person who shall willfully interfere

29 with, restrain or coerce any agricultural officer and employee in the exercise of

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 1 his/her rights or shall in any manner commit any act in violation of any of the

2 provisions of this Act, upon conviction, shall be punished by a fine of not less

3 than twenty thousand pesos (P20,OOO.OO) or imprisonment of not more than one

4 (I)
year or both at the discretion of the court. .L . .

5 If the offender is a public official, the court, in addition to the penalties

6 provided in the preceding paragraph, may impose the additional penalty of

7 disqualification from office of such offending public official.

8 SEC. 33. Separability Clause, - If any portion, section or provisions of

9 this Act is declared unconstitutional, invalid, such sections or parts not affected

10 thereby shall remain in force and effect.

11 SEC. 34. Repealing Clause. - All laws, decrees, executive orders, rules

12 and regulations, or parts hereof inconsistent with the provision of this Act are

13 hereby repealed, amended or modified accordingly.

14 SEC. 35, Effectivity. - This Act shall take effect fifteen (I

5) days after its

15 publication in the Of7icial Gazefte or in at least two (2) newspapers of general

16 circulation whichever comes earlier.

Approved,

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