Sen. Bill No. 1648
Transcript of Sen. Bill No. 1648
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CONGRESS OF THE PHILIPPINES}FOURTEENTH CONGRESS
First Regular Session L \ i ; ; ; ; ; ; i I
CERTIFIED BY THE PRESIDENT FORITS IMMEDIATE ENACTMENT ONNOVEMBER8,2007
PREPARED BY THE COMMITTEE ON AGRICULTURE AND FOOD WITH
SENATORS BlAZON, GORDON, VILLAR AND ANGARA AS AUTHORS
THEREOF
AN ACT EXTENDING THE UTILIZATION PERIOD OFTHE AGRICULTURAL COMPETITIVENESSENHANCEMENT FUND, AMENDING FOR THIS
PURPOSE SECTION 8 OF REPUBLIC ACT NO.8178, ENTITLED "AN ACT REPLACINGQUANTITATIVE IMPORT RESTRICTIONS ONAGRICULTURAL PRODUCTS, EXCEPT RICE,WITH TARIFFS, CREATING THE AGRICULTURALCOMPETITIVENESS ENHANCEMENT FUND,"AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representativesof the Philippines in Congress assembled:
1 SECTION 1. Section 8 of Republic Act No. 8178, entitled
2 "An Act Replacing Quantitative Import Restrictions on
3 Agricultural Products, Except Rice, with Tariffs, Creating the
4 Agricultural Competitiveness Enhancement Fund, and for
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Other Purposes," is hereby amended to read as follows:
2 "SEC. 8. Agricultural Competitiveness
3 Enhancement Fund. - To implement the policy
4 enunciated in this Act, there is hereby created
5 the Agricultural Competitiveness Enhancement
6 Fund, hereinafter referred to as the Fund. THE
7 FUND SHALL CONSIST OF ALL DUTIES
8 COLLECTED FROM [The proceeds of] the9 importation of AGRICULTURAL PRODUCTS
10 UNDER THE minimum access volume (MAV)
II MECHANISM, TO BE CREDITED TO SPECIAL
12 ACCOUNT 183 OF THE FUND. [shall accrue to
13 the General Fund and shall be deposited in the
14 national Treasury.]
15 The FUND [entire proceeds] shall
16 CONTINUE TO be set aside UP TO THE YEAR
17 2015, AFTER WHICH THE COLLECTION OF
18 DUTIES AND THE SETTING ASIDE OF THE
19 AMOUNT COLLECTED FOR THE PURPOSE
20 SHALL TERMINATE. HOWEVER, ANY
21 REMAINING BALANCE(S) AT THE DATE OF
22 EXPIRATION OF THE FUND SHALL NOT
23 REVERT TO THE GENERAL FUND BUT
24 SHALL CONTINUE TO BE USED FOR THE
25 PURPOSE FOR WHICH IT WAS COLLECTED
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1 AND SET ASIDE. [and earmarked by
2 Congress] THE FUND SHALL BE UTILIZEDfor
3 irrigation, farm to market roads, post-harvest
4 equipment and facilities, credit, research and
5 development, other marketing infrastructure,
6 provision of market information, retraining,
7 extension services, and [other forms of]
8 assistance and support to [the] agricultural
9 [sector] ACTIVITIES SUCH AS REDUCTION
10 OF INPUT COST, QUALITY IMPROVEMENT
11 AND SUPPLY CHAIN EFFICIENCY.
12 The [Committees on Agriculture and Food,
13 Appropriations and Finance of both the Senate
14 and House of Representatives]
15 CONGRESSIONAL OVERSIGHT COMMITTEE
16 ON AGRICULTURAL AND FISHERIES
17 MODERNIZATION (COCAFM) shall conduct a
18 periodic review of the use of the Fund. [TheFund
19 shall have a lifeof nine (9) years, after which all20 remaining balances shall revert to the General
21 Fund.]"
22 SEe 2. The Department of Agriculture in consultation
23 with the Congressional Oversight Committee onAgricultural
24 and Fisheries Modernization (COCAFM) shall forthwith
25 revise and reformits implementing guidelines including the
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approval procedures in order to speed up the processing and
2 disbursement process, and incorporate therein the clear
3 overriding purposeand principlethat theFunds shall beused
4 toenhance agricultural competitiveness. and forthis purpose
5 the Department in coordination With the Philippine
6 Information Agency shall ensure the widest information
7 dissemination possibleisimplemented under this Act.
8 The Department ofAgriculturewiththeconcurrenceof
9 the Congressional Oversight Committee on Agriculture and
10 Fisheries Modernization shall draw up a prioritization plan
11 forthe optimumutilizationoftheFund.
12 SEC. 3. The Fund shall be set aside and earmark as
13 follows: 1) Seventy-five percent (75%) for agri-based
14 production and post-production, and processing activities15 including but not limited to new export industries and agri-
16 related infrastructure and equipment to achieve modern
17 agricultural practices; and for public information and
18 promotion activities including the establishment of a
19 principal mechanism therefor to promote the desired
20 agricultural products and activitiesand create newmarket.
21 The followingareas are likewise accordedpriorities:
22 assistance to individual Filipino farmers and fisherfolks,
23 cooperatives and micro-,small- and medium-scaleenterprises
24 as defined in Republic Act No. 6977 engaged in the
25 agricultural production, farming, fisheries, agri-business and
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similar activities;
2 2) Fifteenpercent (15%)for research developmentand
3 the commercialization of such, including the upgrading of
4 research facilitiesof qualifiedstate universities and colleges;
5 3) Ten percent (10%)to be used for the funding of a
6 comprehensivescholarship program for agriculture, forestry,
7 fisheries, andveterinary medicineeducation.
8 SEC.4...Fund Management and Bustainability. - For
9 the purposeof fundmanagement, the Fund shall bedeposited
10 to the Landbank of the Philippi~es (LBP)to whichcollections
11 from repayments fromloan beneficiaries including interests
12 shall becredited. TheDepartment ofAgricultureand the LBP
13 are hereby mandated to draw up a plan that shall allow
14 regional application, processing and release of the Fund to15 local farmers and such other mechanisms for fund utilization
16 and sustainability: Provided, That interest on loans shall be
17 lower than the prevailing interest at the time of grant, and:
18 Provided, further, That the interest imposedbythe LBP shall
19 not exceed the interest charged by QUEDANCORfor the
20 loans granted tofarmers.21 SEC.5. Supervisory Council. - A Supervisory Council
22 composedof the Secretaries of the Department of Agriculture,
23 Department of Science and Technology, or their
24 representatives who should have the rank of undersecretary,
25 Chairman of the Commissionon Higher Education, a senior
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vice president of the LBP, of the small business corporation
and the co-chairs of the Congressional Oversight Committee
on Agriculture and Fisheries Modernization (COCAFM)shall
oversee the implementation of this Fund and collect the
repayments of loans from ACEF borrowers and deposit the
same with the LBP. The Commission on Audit shall)
immediately conduct an audit of the ACEF Fund and submit
its report tothe Supervisory Council.
SEC.6. Repealing Clause. - All laws, decrees, executive
issuances, rules and regulations inconsistent with the
provisions of this Act are hereby repealed or modified
accordingly.
SEC. 7. Separability Clause. - The provisions of this
Act are hereby declared to be separable, and in the event oneor more of such provisions are held unconstitutional, the
validity of the other provisions shall not beaffectedthereby.
SEC. 8. Effectivity. - This Act shall take effect
immediately uponits approval.
Approved,