E.O. No. 292, Administrative Code of 1987 Book IV Title IV – Agriculture
EXECUTIVE ORDER NO. 292
INSTITUTING THE “ADMINISTRATIVE CODE OF 1987″
The Executive Branch
Section 1. Declaration of Policy. – The State shall promote the well being of farmers, including share tenants, leaseholders, settlers, fishermen, and other rural workers by providing an environment in which they can increase their income, improve their living conditions, and maximize their contributions to the national economy. Toward this end, the State shall accelerate agricultural development and enhance the production of agricultural crops, fisheries, and livestock by optimizing the use of resources and by applying modern farming systems and technology in order to attain food security for domestic use and expand and diversify agricultural production for export. It shall also encourage private initiative in agri-business ventures both in the production and in the exportation and importation of food and other allied commodities.
Section 2. Mandate. – The Department is the government agency responsible for the promotion of agricultural development by providing the policy framework, public investments, and support services needed for domestic and export-oriented business enterprises.
In the fulfillment of this mandate, it shall be the primary concern of the Department to improve farm income and generate work opportunities for farmers, fishermen, and other rural workers. It shall encourage people’s participation in agricultural development through sectoral representation in agricultural policy-making bodies so that the policies, plans, and programs of the Department are formulated and executed to satisfy their needs.
It shall ensure social justice, equity, productivity and sustainability in the use of agricultural resources.
Section 3. Powers and Functions. – The Department shall:
(1) Provide integrated services to farmers, fishermen, and other food producers on production, utilization, conservation, and disposition of agricultural and fishery resources;
(2) Be responsible for the planning, formulation, execution, regulation, and monitoring of programs and activities relating to agriculture, food production and supply;
(3) Promulgate and enforce all laws, rules and regulations governing the conservation and proper utilization of agricultural and fishery resources;
(4) Establish central and regional information systems to serve the production, marketing, and financing date requirements of the farmers as well as domestic and foreign investors in agribusiness ventures;
(5) Provide comprehensive and effective extension services and training to farmers and other agricultural entrepreneurs on the production, marketing, and financing aspects of agricultural enterprises;
(6) Conduct, coordinate, and disseminate research studies on appropriate technologies for the improvement and development of agricultural crops, fisheries, and other allied commodities;
(7) Provide the mechanism for the participation of farmers, fishermen, and entrepreneurs at all levels of policy-making, planning and program formulation;
(8) Coordinate with and enlist other public and private agencies for cooperation and assistance on matters affecting the policies, plans and programs of the Department;
(9) Perform such other functions as may be provided by law.
Section 4. Organizational Structure. – The Department shall consist of the Department Proper, the Bureaus, and the Regional, Provincial, Municipal, and Barangay Offices.
The Department Proper shall consist of the Office of the Secretary, the Offices of the Undersecretaries and Assistant Secretaries and their immediate staffs as determined by them respectively, and the Department Services.
The Department Services and Bureaus shall be grouped as follows: (1) Production Group; (2) Research, Training and Extension Group; (3) Agri-Business Group; (4) Planning and Monitoring Group; and (5) Support Group.
Section 5. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary and his immediate staff as determined by him.
Section 6. Assistant to the Secretary. – The Secretary shall be assisted by five (5) Undersecretaries, seven (7) Assistant Secretaries, and the heads of the National Food Authority and the Philippine Coconut Authority who shall have the rank of Undersecretaries.
Section 7. Undersecretaries. – The Undersecretaries shall assist the Secretary in the exercise of the mandate and in the discharge of the powers and functions of the Department.
The five (5) Undersecretaries shall be assigned the following functions:
(1) The Undersecretary assigned to Regional Operations shall oversee the implementation of the agricultural plans, policies, programs, and projects of the regional and field offices of the Department;
(2) The Undersecretary assigned to Staff Operations shall provide staff support services, particularly in administration and finance, production, research, training, and extension;
(3) The Undersecretary assigned to Policy and Planning shall provide policy and planning support services, particularly in policy-formulation, planning, and agri-business;
(4) The Undersecretary assigned to Attached Agencies shall exercise supervision over the attached agencies to ensure that their operations are in conformity with the approved plans and policies of the Department;
(5) The Undersecretary assigned to Special Concerns shall develop and implement agricultural policies and priority projects aimed at improving the quality of life of disadvantaged and cultural community groups living in lowland and upland areas. In addition, he shall handle other special projects as may be identified or directed by the Department Secretary.
Section 8. Functions of the Undersecretaries. – With respect to his area of responsibility, an Undersecretary shall have the following functions:
(1) Advise the Secretary in the promulgation of orders and other issuances, with respect to his area of responsibility;
(2) Exercise supervision and control over the offices, services, operating units, and officers and employees under his responsibility;
(3) Promulgate rules and regulations, consistent with the policies of the Department that will efficiently and effectively govern the activities of the units under his responsibility;
(4) Coordinate the functions and activities of the units under his responsibility with those of other units under the responsibility of the other Undersecretaries;
(5) Exercise delegated authority on matters related to the functions and activities of the units under his responsibility to the extent granted by the Secretary; and
(6) Perform such other functions as may be provided by law or assigned by the Secretary.
Section 9. Functions of the Assistant Secretaries. – Each of the seven (7) Assistant Secretaries shall head any of the following: Production Group, Agri-Business Group, Research, Training and Extension Group, Planning and Monitoring Group, Support Group, Foreign Assisted Projects and the Regional Operations. In connection therewith, the Assistant Secretaries shall have the following functions:
(1) The Assistant Secretary assigned to the Production Group shall be responsible for providing services relating to planning, programming, and project development of agricultural production. This group shall consist of the Bureau of Animal Industry, Bureau of Plant Industry, Bureau of Fisheries and Aquatic Resources, and Bureau of Soils and Water Management;
(2) The Assistant Secretary assigned to the Agri-Business Group shall be responsible for assisting farmers and other agri-business ventures by providing marketing assistance and investment information. This group shall consist of the Marketing Assistance Services and the Agri-Business Investment Information Services;
(3) The Assistant Secretary assigned to the Research, Training and Extension Group shall be responsible for conducting research and training as well as providing assistance in the establishment of agricultural cooperatives. This group shall be composed of the Bureau of Agricultural Research (BAR), Agricultural Training Institute (ATI), and Bureau of Agricultural Cooperatives Development (BACOD);
(3) The Assistant Secretary assigned to the Planning and Monitoring Group shall take charge of developing, integrating, monitoring and evaluating all plans and programs of the Department and shall collect, monitor, and publish agricultural statistics for the Department and its clientele. This group shall be composed of the Planning and Monitoring Services, Computer Services, and Bureau of Agricultural Statistics;
(5) The Assistant Secretary assigned to the Support Group shall take charge of providing staff support services in finance, administration, and management. This shall be composed of the Financial and Management Services, the Legal Services, and the Administrative Services;
(6) The Assistant Secretary assigned to the Foreign Assisted Projects shall be responsible for the negotiation and implementation of foreign assisted projects of the Department;
(7) The Assistant Secretary assigned to Regional Operations shall assist the Undersecretary for Regional Operations in the supervision of regional offices, including the coordination and implementation of Department plans, policies and programs.
The seven (7) Assistant Secretaries shall, in addition to the abovementioned duties, perform such other functions as may be assigned by the Secretary. They may also be assigned or placed under the supervision of the Undersecretaries at the discretion of the Secretary.
Section 10. Planning and Monitoring Service. – The Planning and Monitoring Service shall be responsible for the formulation and integration of plans and programs, emanating from all units of the Department, including the Bureau, Regional Offices and Attached Agencies. It shall also be responsible for data analysis and monitoring of the implementation of said plans and programs through its management information system.
Section 11. Computer Service. – The Computer Service shall be responsible for the development and maintenance of the electronic data processing requirements of the Department.
Section 12. Financial and Management Service. – The Financial and Management Service shall provide services relating to budgeting, accounting and management.
Section 13. Administrative Service. – The Administrative Service shall be responsible for providing personnel, records, information, training and other general services.
Section 14. Legal Service. – The Legal Service shall handle the legal requirements including those pertaining to the quasi-judicial and regulatory functions of the Department Proper and its Bureaus.
Section 15. Agribusiness Investment Information Service. – The Agribusiness Investment Information Service shall conduct research, gather and collate data related to agribusiness such as laws and regulations, taxation, production technologies, market strategies, competition, foreign assistance, grants, credit, and new venture considerations relating to agribusiness and shall package information on agribusiness investment opportunities and provide sample feasibility studies for different agricultural products and markets.
Section 16. Marketing Assistance Service. – The Marketing Assistance Service shall be responsible for identifying markets for Philippine agricultural products and shall assist in the planning of market centers, marketing channels, and distribution networks.
Section 17. Department Services Head. – Each of the Services of the Department shall be headed by a Staff Director.
BUREAUS AND OFFICES
Section 18. Bureau of Animal Industries. – The Bureau of Animal Industry shall:
(1) Formulate programs for the development and expansion of the livestock, poultry, and dairy industries to meet the requirements of the growing populace;
(2) Recommend the specific policies and procedures governing the flow of livestock products through the various stages of marketing, as well as the proper preservation and inspection of such products;
(3) Coordinate and monitor the activities and projects relating to livestock and allied industries;
(4) Prescribe standards for quality in the manufacture, importation, labelling, advertising, distribution, and sale of livestock, poultry, and allied industries; and
(5) For its own sector, recommend plans, programs, policies, rules and regulations to the Secretary and provide technical assistance in the implementation of the same.
Section 19. Bureau of Plant Industry. – The Bureau of Plant Industry shall:
(1) Be responsible for the production of improved planting materials, protection of agricultural crops from pests and diseases, and development and improvement of farm equipment and other structures related to the plant industry;
(2) Prepare a program for the selection, production and certification of improved planting materials as well as guidelines for its implementation;
(3) Recommend plant quarantine policies, and prescribe rules and regulations for the prevention, control, and eradication of pests, diseases, and injuries to plants and plant products; and
(4) For its own sector, recommend plans, programs, policies, rules and regulations to the Secretary and provide technical assistance in the implementation of the same.
Section 20. Bureau of Fisheries and Aquatic Resources. – The Bureau of Fisheries and Aquatic Resources shall:
(1) Formulate plans for the proper management, accelerated development, and proper utilization of the country’s fishery and aquatic resources;
(2) Undertake studies on the economics of the various phases of the fishing industry, which studies shall form the bases for the formulation of policies and programs on fisheries and aquatic resources;
(3) Render technical assistance and advisory services in the proper procurement, construction and operation of the fishing vessels as well as determination and designation of fish landing points for all commercial fishing boats; and
(4) For its own sector, recommend plans, programs, policies, rules and regulations to the Secretary and provide technical assistance in the implementation of the same.
Section 21. Bureau of Soils and Water Management. – The Bureau of Soils and Water Management shall:
(1) Advise and render assistance on matters relative to the utilization and management of soils and water as vital agricultural resources;
(2) Formulate measures and guidelines for effective soil, land, and water resource utilization, as well as soil conservation in croplands and other agricultural areas;
(3) Undertake soil research programs;
(4) Coordinate with the relevant government agencies in resettlement areas and prepare the necessary plans for the provision of technical assistance in solving soil impounding and the prevention of soil erosion, fertility preservation, and other related matters;
(5) Engage in rainmaking projects for agricultural areas and watersheds to solve the problem of prolonged droughts and minimize their effects on standing agricultural crops; and
(6) For its own sector, recommend plans, programs, policies, rules and regulations to the Secretary and provide technical assistance in the implementation of the same.
Section 22. Bureau of Agricultural Research. – The Bureau of Agricultural Research shall:
(1) Ensure that all agricultural research is coordinated and undertaken for maximum utility to agriculture;
(2) Tap farmers, farmers’ organizations, and research institutions, especially the state colleges and universities, in the conduct of research for use of the Department and its clientele, particularly the farmers, fishermen and other rural workers.
Section 23. Bureau of Agricultural Cooperatives and Development. – The Bureau of Agricultural Cooperatives and Development shall:
(1) Formulate an integrated system for development and evaluation of agricultural cooperatives;
(2) Provide advice and assistance in the establishment of agricultural cooperatives in the rural communities; and
(3) Evolve a program to promote the economic viability of agricultural cooperatives.
The Bureau shall include in its area of responsibility non-agricultural cooperatives.
Section 24. Bureau of Agricultural Statistics. – The Bureau of Agricultural Statistics shall:
(1) Be mainly responsible for the collection, compilation, and official release of agricultural statistics;
(2) Exercise technical supervision over data collection centers;
(3) Coordinate all agricultural statistics and economic research activities of all bureaus, corporations and offices under the Department.
Section 25. Agricultural Training Institute. – The Agricultural Training Institute shall:
(1) Be responsible for the training of all agricultural extension workers and their clientele, who are mostly farmers and other agricultural workers;
(2) Ensure that training programs address the real needs of the agricultural sectors; and
(3) Ensure that the research results are communicated to the farmers through the appropriate training and extension activities.
Section 26. Functions. – The Department of Agriculture is authorized to establish, operate, and maintain a Regional Office in each of the administrative regions of the country. Each Regional Office shall be headed by a Regional Director, to be assisted by three (3) Assistant Regional Directors, assigned to Operations, Research, and Support Services, respectively. Each Regional Office shall have, within its administrative regions, the following duties and responsibilities:
(1) Provide efficient and effective frontline services to the people;
(2) Implement and enforce in its area the laws and policies, plans, programs, projects, rules, and regulations issued by the Department including plant and animal quarantine laws, rules and regulations;
(3) Coordinate with regional offices of other departments, offices and agencies in the region;
(4) Coordinate with local government units; and
(5) Perform such other functions as may be provided by law or assigned appropriately by the Secretary.
At the provincial level, policies, plans, programs, projects, laws, rules, and regulations of the Department shall be implemented by the Provincial Agriculture and Fisheries Officer and, at the municipal and barangay levels, by the Municipal Agriculture and Fisheries Office.
Section 27. Importation of Plants and Plant Products. – Subject to such special quarantine orders, rules and regulations as may be promulgated by the Secretary of Agriculture upon recommendation of the Plant Quarantine Board, it is prohibited to import or introduce into the Philippines, plants, plant products, soil or packing materials of plants capable of harboring plant pests or being a source or medium of infection or infestation of plants by pests. For purposes of this Chapter, the term “plants” shall refer to living plants and any part thereof, while “plant products” shall mean products derived from plants either in their natural state or processed form.
Section 28. Importation of Potential Animal Pests. – The importation of certain species of animals which are liable to become agricultural crop pests and capable of causing injury to agricultural crops is hereby prohibited, except in limited quantities for justifiable purposes and upon written permission from the Regional Director concerned or other official of the Department who may be authorized by the Secretary of Agriculture.
Section 29. Plants, Plant Products, and Other Materials in Transit. – Commodities mentioned under the next two preceding sections, including food provisions and ornaments on board carriers that are in transit, shall be required to get a clearance from the Plant Quarantine Officer assigned at the port concerned.
Section 30. Exportation of Plants and Plant Products. – The Regional Director concerned, the Plant Quarantine Officer or other officials of the Department who may be authorized by the Secretary of Agriculture shall cause the inspection and certification of all plants, plant products and other related materials for exportation, capable of harboring plant pests, if the importing country so requires.
Section 31. Inspection of Plants, Plant Products, Potential Animal Pests, and Other Materials. – The Regional Director concerned or other officials of the Department who may be authorized by the Secretary of Agriculture shall cause the appropriate inspection of the commodities mentioned in the next four preceding sections and apply the necessary plant quarantine measures in order to attain the objectives of this Chapter.
Section 32. Domestic Quarantine of Plants and Plant Products. – In order to prevent and arrest the spread to other areas of injurious plant pests existing in certain localities within the Philippines, the Regional Director concerned, the Plant Quarantine Officer or other officials of the Department who may be authorized by the Secretary of Agriculture shall cause the inspection, treatment and certification of plants and plant products involved in movement from one locality to another within the country.
Section 33. Appointment of Plant Quarantine Officers. – The Secretary shall, upon recommendation of the Regional Director concerned and in consultation with the Director of Plant Industry, appoint Plant Quarantine Officers to act as his representatives in implementing and enforcing the provisions of this Chapter.
Section 34. Powers and Duties and Plant Quarantine Officers. – The Plant Quarantine Officers shall have authority to:
(1) Inspect all carriers, passengers, crew, luggage and incoming mails to determine the presence of plants, plant products and other materials capable of harboring plant pests as well as potential animal pests;
(2) Enter into and inspect any and all areas where plants, plant products and other materials capable of harboring plant pests are landed, stored or grown;
(3) Examine imported plants, plant products, and other materials capable of harboring plant pests as well as potential animal pests and administer necessary measures to insure effective implementation of the provisions of this Chapter;
(4) Inspect, administer treatment and certify plants, plant products and other related materials intended for export, if the importing country so requires;
(5) Confiscate and destroy or refuse entry of plants, plant products and potential animal pests involved in prohibited importations and deny inspection, certification or clearance of the same; and
(6) Perform such other related duties as may be provided by law.
Section 35. Non-Liability Clause. – (1) All charges for storage, demurrage, cartage, labor and delays incident to inspection, cost of disinfection or disinfestation and other post-entry requirements shall be paid by the importer or exporter as the case may be.
(2) The Regional Director and the authorized officials of the Department shall not be held liable for damages to the commodity in the course of the implementation of the provisions of this Chapter.
Section 36. Duties of Importer and Exporter. – The importers, exporters, or their authorized representatives shall submit a declaration to the Regional Director concerned or other authorized officials of the Department, at or before the time of entry or embarkation, of plants and plant products for importation or exportation. Such declaration shall indicate the name and address of the consignor or consignee, the purpose, nature and quantity of plants and plant products, the country or locality where the same was grown, place and date of unloading or embarkation and the registered name of the carrier carrying the consignment.
Section 37. Entrance and Clearance of Carrier. – (1) The owner, operator, agent or master of carriers plying international or domestic routes are hereby required to serve notice of arrival and departure and to provide inward and outward cargo manifests and other declarations of said carriers to the Plant Quarantine Officer at the post. Prior to departure, the agent or master of said carrier must secure a clearance from the Plant Quarantine Officer thereat.
(2) The Collector of Customs or his authorized agents shall require the owner, agent or master of carrier to submit a copy of the certificate of plant quarantine clearance as a pre-requisite to the issuance of the customs clearance.
Section 38. Collection of Fees. – (1) The Regional Director concerned shall, with the approval of the Secretary of Agriculture, promulgate rules and regulations governing the collection of regulatory fees for inspection, certification, import permits, commodity treatment and others, on commodities described in this Chapter which shall constitute the revolving fund of the national plant quarantine service.
(2) Importations and exportations of all government departments or agencies and government-owned or controlled corporations, and donations to and for the account of any duly registered relief organization or any charitable institution certified by the Department of Social Services and Welfare, embassies of foreign governments, and those that may be declared by the President, upon the recommendation of the National Economic and Development Authority, in the interest of economic development, are exempt from payment of the fees herein prescribed excluding, however, the expense incurred in commodity treatment.
Section 39. Overtime Services. – The services of Plant Quarantine Officers, fumigators and helpers performed outside office hours and reimbursement of meal, transportation, lodging and other incidental expenses shall be chargeable to the party or parties served at the rates to be prescribed by the Secretary of Agriculture upon recommendation of the Regional Director concerned.
Section 40. Cooperating Agencies. – The Secretary of Agriculture may call upon the other government agencies in the implementation of plant quarantine regulations, and dissemination of information to the general public.
Section 41. Special Quarantine Orders, Rules and Regulations. – Special quarantine orders, rules and regulations shall be promulgated by the Secretary of Agriculture upon recommendation of the Plant Quarantine Board to carry out and implement the provisions of this Chapter.
Section 42. Quasi-judicial Authority. – (1) The Regional Directors and the other officials of the Department who may be authorized by the Secretary of Agriculture, after proper hearing, are hereby empowered to impose administrative fines for the violation of and non-compliance with quarantine orders, rules and regulations promulgated in accordance with this Chapter.
(2) The decisions of the Regional Directors concerned and those of the other authorized officials of the Department under this section are appealable to the Secretary of Agriculture whose decision shall be final.
Section 43. Plant Quarantine Board. – For the purpose of carrying out the provisions of this Chapter, there shall be a Plant Quarantine Board which shall be composed of the Undersecretary of Agriculture for Regional Operations as Chairman; the Director of Plant Industry, as Vice-Chairman; and the following members: the Commissioner of Customs, the General Manager of the Philippine Ports Authority, the Director of Quarantine, the Director of Animal Industry, the Postmaster General, the Administrator of the Philippine Coconut Authority, the Director of Forest Development or their representatives, the Chief of the Department Legal Service, the Chief of the Plant Quarantine Section and the Chief of the Crop Protection Division of the Bureau of Plant Industry, and a representative each from the National Economic and Development Authority, the Central Bank of the Philippines, and the Importers’ and Exporters’ Confederation, as members.
Section 44. Duties of the Board. – The Plant Quarantine Board shall act as the advisory body to assist the Secretary in formulating orders, rules and regulations for the effective implementation of the provisions of this Chapter.
Section 45. Board Meeting. – The Board shall meet once every quarter or may call special meetings when necessary, provided that such special meeting shall not be held more than four times annually.
Section 46. Quorum. – A majority of the members of the Board shall constitute a quorum.
Section 47. Attached Agencies. – The following units are hereby attached to the Department:
(1) Agricultural Credit Policy Council
(2) National Agricultural and Fishery Council
(3) Philippine Technical and Administrative Committee for SEAFDEC
(4) Livestock Development Council
(5) National Meat Inspection Commission
(6) Fertilizer and Pesticide Authority
(7) Fiber Industry Development Authority
(8) National Tobacco Administration
(9) Sugar Regulatory Administration
(10) National Food Authority and its subsidiaries
(11) Quedan Guarantee Fund Board
(12) Philippine Fisheries Development Authority
(13) Philippine Rice Research Institute
(14) Philippine Coconut Authority and its subsidiaries
(15) National Irrigation Administration
(16) Sacovia Development Authority; and
(17) Regional Cooperative Development Assistance Offices (Regions IX and XII).
Section 48. Specific Functions. – (1) The National Agricultural and Fishery Council shall act as an advisory and coordinative body of the Department. As such, it shall conduct and encourage consultative discussions among all agricultural sectors at the municipal, provincial, regional and national levels;
(2) The Philippine Technical and Administrative Committee for Southeast Asia Fisheries Development Center (SEAFDEC) shall be responsible for the administration and management of the SEAFDEC Aquaculture Department and shall monitor and assess the performance of research projects on fisheries and aquaculture in accordance with the policies or standards established by the SEAFDEC International Council and the Department;
(3) The Livestock Development Council shall be responsible for the formulation and establishment of comprehensive policy guidelines for the livestock industry, preparation of plans and programs and evaluation of livestock programs/projects;
(4) The National Meat Inspection Commission shall conduct actual ante mortem inspection on all animals presented for slaughter and post mortem inspection on all animals presented for slaughter and post mortem inspection on all carcasses intended for human consumption in all abattoirs in the country; render technical assistance in the construction of meat establishments (abattoirs, dressing plants, processing plants and meat markets) particularly on the selection of sites, and plant design preparation, equipment design and test runs; exercise overall supervision and control of management and operations of all abattoirs, dressing plants, meat processing plants and meat markets.
Section 49. Organization and Operation. – The agencies attached to the Department shall continue to operate and function in accordance with their respective charters, laws or orders creating them, except as otherwise provided in this Code. Any provision of law to the contrary notwithstanding, the Secretary shall serve as Chairman of the governing boards of all attached units or agencies.