Magna Carta of Agricultural Development Workers

Drier slin TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES AUG -6 P1:45 First Regular Session SENATE RECEI: ED BY S. No. 1037 Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROVIDING FOR A MAGNA CARTA OF AGRICULTURAL DEVELOPMENT WORKERS EXPLANATORY NOTE The Filipino farmers and the agricultural development workers are the key players in the agricultural sector, which require government support and assistance. In particular, the agricultural development workers (agriculturists, veterinarians, technologists and other agricultural engineers, aquaculturists extension workers, home extentionists, nutritionists, agricultural technologists and other agricultural technicians) provide the service in the countryside necessary for modernizing Philippine agriculture. At present, the weak and fragmented agricultural service delivery operating within the Department of Agriculture (DA) and the Local Government Units (LGU) hampers the implementation of government agricultural development programs. One of the causes of this problem is that the LGUs are financially constrained to hire the needed agricultural development workers and provide them with the necessary support. It is also unfortunate that the Local Government Code of 1991 makes the agricultural positions in the municipal and city levels optional and not mandatory. Moreover, the position of Municipal, City, Provincial Agricultural Engineer and

Provincial Fishery Officer were not even created although these services are essential in accelerating agricultural modernization. Furthermore, agricultural development workers in the government deserve appropriate position titles, adequate remuneration and other incentives to ensure the responsive and effective delivery of services to the agricultural and fisheries sector. The bill seeks to address these concerns. Hence, passage of this bill is earnestly sought. ugesht 1 JINGGOY EJERCITO ESTRADA

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session AUG -6 P1:45 SENATE RECEIVED BY S. No. _ 1037 Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROVIDING FOR A MAGNA CARTA OF AGRICULTURAL DEVELOPMENT WORKERS Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Magna Carta of

2 Agricultural Development Workers".

Sec. 2. Declaration of Policy. - It is hereby declared a policy of the State to

accelerate the development and modernization of Philippine agriculture and improve economic and social well-being of agricultural development workers as well as their working conditions and employment status. The State shall likewise develop their 7 skills, knowledge, orientation and capabilities so that they will be more responsive and effective in providing the necessary services for countryside development.

Sec. 3. Definition of Terms. - As used in this Act, the following terms shall be

defined as follows: a) Agricultural Development Workers shall mean all persons who are engaged in agricultural development activities, and all persons employed in the Department of Agriculture (DA) including its bureaus and attached agencies. Local government units (LGUs) and concerned government and private institutions, and shall include aquaculturists, veterinarians, agricultural engineers, nutritionists, agricultural extension workers,

agricultural technicians and operators, allied agricultural professionals, administrative and support personnel employed regardless of their employment status; b) Agricultural Engineer shall refer to a person registered with the Professional Regulation Commission (PRC) performing engineering activities in agriculture, particularly in area of farm power and machinery, irrigation and drainage, soil and water conservation, agricultural buildings and infrastructure, agricultural processing and post-harvest facilities; c) Agricultural Extension Worker shall refer to an agriculturist, veterinarian, agricultural engineer, aquaculturist or home extensionist who helps farmers and fishermen in the promotion of agricultural and fishery development plan, programs and projects through the use of extension methodologies, concepts and principles; d) Agricultural Technician shall refer to a trained or skilled agricultural worker but not necessarily a college graduate, performing activities such as plant nursery propagator, plant breeder, farm mechanics, etc.; e) Agriculturist shall refer to a person who is a graduate of a four (4) year course in agriculture or any related course performing any of the specialized activities such as agronomy, horticulture, animal husbandry, entomology, plant pathology, plant-breeding, agricultural economics, agricultural extension and marketing; f) Aquaculturist shall refer to a person who is a graduate of a four (4) year course in fishery and aquaculture and fishery and processing; g) Nutritionist shall refer to a person registered with the professional Regulation Commission performing activities related to dietary and proper nutrition; h) Veterinarian shall refer to a person registered with the Professional Regulatory Commission (PRC) performing professional activities on veterinary services such as disease prevention control, animal health care, etc. ARTICLE II

AGRICULTURAL SERVICES CAREER DEVELOPMENT

Sec. 4. Professionalization of Agricultural Services. - The State shall support

the development and professionalization of agricultural services by providing the 4 necessary compensation and benefits to various agricultural development workers 5 based on their duties, responsibilities and qualifications. For this purpose, the Civil 6 Service Commission (SC) in coordination with the Department of Agriculture (DA), Department of Interior and Local Government (DILG) and the recognized national associations of agricultural development workers shall review the existing functions, responsibilities, position titles and qualifications of the agricultural development 10 workers employed at the DA, local government units (LGUs) and concerned government agencies, and match them with appropriate position titles and compensation: Provided, That the following benchmark position titles of and agricultural development workers with corresponding salary grades shall be used. Position Salary Grade Agricultural Technician I Agriculturist I Aquaculturist I Agricultural Engineer I Nutritionist I Veterinarian I Agricultural Technologist City Agricultural Engineer City, Veterinarian City Agriculturist City Fishery Officer Municipal Agriculturist Municipal Veterinarian Municipal Agricultural Engineer Municipal Fishery Officer Provincial Agricultural Engineer Provincial Agriculturist Provincial Veterinarian

Provincial Fisher Officer

Sec. 5. Mandatory Positions of Agricultural Development. - The creation of the

following positions is hereby made mandatory in addition to the prescribed positions under the Local Government Code of 1991: a) Provincial Agricultural Engineer b) Provincial Agriculturist c) City Agriculturist d) City Agricultural Engineer e) City Veterinarian f) City Fishery and Aquacultural Officer g) Municipal Agriculturist h) Municipal Agricultural Engineer i) Municipal Veterinarian j) Municipal Fishery and Aquacultural Officer Provided, That in the case of fourth (4th) class LGUs, financial subsidy shall be provided by the National Government for the personnel services needed in the hiring of the above mentioned mandatory positions: Provided, further, That the funding requirement shall be incorporated in the subsequent annual appropriations of the DA.

Sec. 6. Recruitment and Qualifications. - The selection and appointment of

agricultural development workers shall be in accordance with the merit and fitness principles: Provided, That he/she has the appropriate civil eligibility and/or professional license, educational qualification, skills and experiences.

Sec. 7. Performance Evaluation and Merit Promotion. - The Secretary of

Agriculture, upon consultation with the CSC and the recognized national associations of agricultural development workers shall prepare a uniform career and personnel development plan applicable to all agricultural development workers. Such career and personnel development plan shall include provisions on merit promotion, performance evaluation, and in service training grants, job rotation and incentive awards system.

Sec. 8. Transfer or Geographical Reassignment of Agricultural Officers and

Employees. - No transfer of geographical reassignment shall be made or effected without a written notice to the agricultural development workers concerned stating therein the reasons the reasons! Provided, That the said written notice shall be made

1 thirty (30) days prior to the date of transfer or reassignment: Provided, further, That if the employees concerned disagrees with the order of transfer or reassignment, 3 he/she may appeal said order with the CSC or the Department of Labor and 4 Employment (DOLE), as the case shall be held in abeyance: Provided, furthermore, 5 That no transfer and/or reassignment whatsoever shall be made three (3) months prior to any local or national elections: Provided, finally, That the necessary expenses of the transfer and/or reassignment of the agricultural worker or employee and his/her immediate family shall be paid by the Government.

Sec. 9. Security of Tenure. - An agricultural worker holding a permanent

position shall not be terminated except for cause: Provided, That in the event the agricultural development worker is found to be unjustly dismissed by the CSC, he/she shall be entitled to reinstatement without loss of seniority rights and back wages with twenty percent (20%) interest to be computed from the time compensation is withheld up to reinstatement. However, if the agricultural worker does not desire to be reinstated, he/she shall be entitled to back wages and separation pay with twenty percent (20%) interest.

Sec. 10. Discrimination Prohibited. - An agricultural worker shall not be

discriminated by reason of creed, sex, political belief, civil status, and ethnic grouping 19 in the exercise of his/her profession.

Sec. 11. No Understaffing and/or Overloading of Agricultural Workers. - There

shall be no understaffing and/or overloading of agricultural workers. The ratio of staff to clientele shall be such as to reasonably effect a sustained quality of agricultural service at all times without overworking and agricultural development workers and over-extending their services. Only qualified professional and eligible agricultural workers shall occupy the agriculturist and other agriculture-related positions in all government agricultural agencies and institutions and/or government-owned and controlled corporations; Provided, that the government shall allocate the necessary funds for the hiring of additional agricultural development workers in cases of over loading of personnel in specific areas of assignment.

Sec. 12. Safeguards in Administrative Proceedings. - In every administrative

proceeding, an agricultural worker shall have:

a) The right to be informed of the charges; b) The right to full access to evidence against him/her; c) The right to defend himself/herself through counsel of his/her choice; d) The right to be given adequate time to prepare his/her case, which shall in no case exceed twenty (20) days; e) The right to appeal to designated authorities; f) The right to cross-examine witnesses and to process for the production of witnesses; g) The right to reimbursement for reasonable expenses incurred in his/her defense in case of exoneration or dismissal of the charges; and h) Such other rights provided by other national agencies and LGUs to their respective officers and employees to ensure fairness and impartiality in prosecution.

Sec. 13. Code of Conduct. - All agricultural workers must be guided by a code

of ethics not contrary to law, morals, safety, health, public policy and public order. The code of conduct of agricultural workers shall be prepared by the Secretary of DA 17 in consultation with the recognized national associations of agricultural development 18 workers.

Sec. 14. Normal Hours of Work. - The normal hours of work of an agricultural

20 worker shall not exceed eight (8) hours a day of forty (40) hours a week. Hours of work shall include: a) the time the agricultural worker is required to be in active duty or to be at a prescribe workplace: b) the time which an agricultural worker is permitted to work; c) the time, which an agricultural worker is required to work in place than, prescribed workplace.

Sec. 15. Overtime Work. - Where the exigencies of the service so require, any

agricultural development worker, whether in government or non- government service, may be required to render service beyond normal eight (8) hours a day, inclusive of Saturdays and Sundays and non- working holidays. In such, cases, the agricultural development worker shall be given additional compensation in accordance with existing laws on the matter.

Sec. 16. Training and Scholarship Program. - The DA through its scholarship

2 committee and the Agricultural Training Institute shall undertake training and 3 scholarship program for the agricultural development workers, which shall be given adequate budgetary support by the government.

Sec. 17. Married Agricultural Worker. - Whenever possible, the proper

authorities shall take steps to enable married couples both of whom are public agricultural development workers, to be employed or assigned in the same 8 municipality. ARTICLE III INCENTIVES AND REWARDS SYSTEM

Sec. 18. Criteria for Incentives and Rewards System. - The reward and

incentives system for agricultural development workers provided under this Act, which will encourage them to stay in the service, promote their productivity and reward them for extraordinary performance, shall be given by the governed by the following criteria: a) Innovativeness and creativity resulting in productive activities; b) Actual performance and accomplishment of established targets; c) Extraordinary performance and exemplary quality of achievements in agriculture, giving rise to new or innovative techniques and productive results; d) Quality of work and consistency of performance which is satisfactory for at least two (2) consecutive rating periods, and e) Risks faced by nature of work area or place of assignment.

Sec. 19. Forms of Incentives and Rewards. -

a) Honorarium - form of remuneration for services rendered beyond the established workload of agricultural development workers whose broad and superior knowledge and expertise contribute to agricultural productivity and innovativeness; b) Incentive pay - form of remuneration given to individuals whose services in management, administration, policy making and support contribute to the efficient and effective implementation of the agricultural and fisheries programs of the government;

c) Performance Bonus - form of remuneration given to agricultural development workers for performance that exceeds established targets; and, d) Other incentives that the DA and LGU may establish.

Sec. 20. Other Compensation and Benefits. - All agricultural development

workers shall be entitled to the following additional compensation and benefits: a) Representation Allowance and Travelling Allowance - All Provincial / City /Municipal Agriculturists, Veterinarians, Agricultural Engineers, and Fishery Officers shall be entitled to Representation Allowance and Travelling Allowance (RATA) equivalent to the Department Heads of the LGUs. b) Hazard Allowance - All agricultural development workers assigned in difficult areas, strife-torn or embattled areas, distressed or isolated stations, animal/plant/fisher breeding stations, plant nurseries, plantations and demonstration farms, laboratories specifically those handling x-ray, radioisotopes, chemicals, etc. , sea- bored patrols, construction and installation of agricultural infrastructure projects, and other areas declared under a state of calamity or emergency which exposes them to great danger, occupational risks of perils of life shall be compensated with hazard allowance equivalent to at least twenty percent (20%) of the monthly basic salary. c) Subsistence Allowance - All agricultural development workers who are required to a render services in the communities, institutions, animal and plant breeding nurseries, plantations and demonstration farms and other banner programs and projects of the DA in order to make their services available at all times shall be entitled to full daily subsistence allowance of three (3) meats, which shall be computed in accordance with the prevailing circumstances. d) Longevity Pay - A longevity pay equivalent to five percent (5%) of the monthly basic pay equivalent to five percent (5%) of the monthly basic pay shall be paid to an agricultural worker for every three (3) years of continuous efficient and meritorious services rendered.

e) Clothing Allowance - All agricultural development workers shall be entitled to a clothing allowance in accordance with the approved laws and regulations or as mandated by law. t) Housing - All agricultural development workers who are on tour of duty and those who, because of unavoidable circumstances, are forced to stay in the institution or community with living quarters for free: Provided, That if such living quarters are not available; the workers shall housing allowance: Provided, further, That said allowance shall be reviewed periodically and adjusted for inflation. g) Compensation for injuries - Agricultural development workers shall be protected against work- related injuries in accordance with the Labor Code as the case may be. h) On- Call Pay - In cases of "on-call" status, the agricultural development worker shall be entitled to an On- Call" pay equivalent to fifty percent (50%) of higher regular wage. "On- Call" status refers to a condition When agricultural office or employee is called upon to respond to an urgent or immediate need or relief work during emergencies such that the agricultural worker cannot utilize his/her time for personal need: Provided, That no agricultural worker shall be placed in an "On-Call" Status beyond seven (7) days. i) Motor and Vehicle Loan - All agricultural development workers shall be entitled to avail of the motor and vehicle loan of the Department of Agriculture. The government shall provide adequate budgetary support for this purpose. ARTICLE IV MISCELLANEOUS PROVISIONS

Sec. 21. Right to Join an Organization. - Agricultural development workers shall

have the right to freely join organizations or unions for purposes not contrary to law, in order to protect their mutual interests and to seek redress of grievance through peaceful activities.

Sec. 22. Freedom from interference or Coercion. - It shall be unlawful for a

person to commit any of the following acts of interference or coercion:

a) to require a condition of employment that the agricultural development worker shall join an organization or union; b) to discriminate in order to encourage or discourage membership in any agricultural development workers organization or union; c) to prevent an agricultural development worker from carrying out his/her duties and functions in his/her organization or union or to penalize him/her for any lawful action performed in that capacity; d) to harass or intimidate an agricultural development worker or prevent him/her for performing duties and functions; and, e) to perform acts that will dismiss the independence and freedom of the union or organization to direct its own affairs.

Sec. 23. Consultation. - The DA shall consult professional and agricultural

workers organization or unions in formulating policies to govern the welfare and security of the agricultural development workers.

Sec. 24. Human Resources Development. - The government and non-

government agencies shall conduct human resource development and management study in the following areas: a) Types and amount of facilities and resources to render quality agricultural service to the clientele; b) Venue and opportunities for the agricultural development workers to grow and develop their potentials and develop a sense of self-worth and dignity in their work; c) Mechanism for democratic consultation; d) Ways and means of giving rank-and-file agricultural development workers viable opportunities for education, personal growth and development; and, e) Staffing patterns and standards of welfare for agricultural development workers welfare to ensure that they receive quality care.

Sec. 25. Rules and Regulations. - The Secretary of the DA, in consultation with

DOLE, CSC, NLRC, and DILG and the national organizations of agricultural development workers shall formulate and prepare necessary rules and regulations in implementing the provisions of this Magna Carta.

Sec. 26. Monitoring and Implementation. - The Secretary of the DA shall create

2 a Monitoring Committee, which shall monitor the implementation of the provision of this Act. The committee shall be composed of representatives of the DA, DILG, CSC and the recognized national associations of agricultural development workers: Provided, That the Secretary of Agriculture shall submit semi-annual reports on the status on the implementation of this Act to the Committee of Agriculture and Food of 7 the House of Representatives and the Senate.

Sec. 27. Penal Provisions. - Any person who shall willfully interfere with,

restrain or coerce any agricultural development worker in the exercises of his/her 10 rights or shall violate any of the provisions of this Act shall upon conviction, be punished by a fine if not less than Twenty thousand pesos (P20,000.00) but not more than Forty thousand pesos (P40,000.00) or imprisonment of not more than one (1) 13 year, or both, at the discretion of the court. If the offender is a public official, the court, in addition to the penalties provided 15 in the preceding paragraph, shall impose the additional penalties of disqualification 16 from office of such offending public official.

Sec. 28. Funding. - The amount necessary to carry out the provisions of this

18 Act shall be included in the General Appropriations Act of the year following its 19 enactment into law and every year thereafter.

Sec. 29. Separability Clause. - If any provision or provision of this Act is

declared unconstitutional or invalid, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

Sec. 30. Repealing Clause. - Any law, presidential decrees or issuance,

executive orders, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.

Sec. 31. Effectivity. - This Act shall take effect fifteen (15) days from the date

of its publication in the Official Gazette or in a newspaper of general circulation. Approved,